So I Went To High School With A Cop - Page 3 - TigerDroppings.com

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ClientNumber9
LSU Fan
Spokane, WA
Member since Feb 2009
4304 posts

re: So I Went To High School With A Cop


A summons when a police officer has PROBABLE CAUSE and he's issuing you that summons, that can be an arrest, but a summons alone is just a call for you to go to a judicial body and deliver information. It could be about you or someone else or something you have knowledge concerning.

quote:

Technically, if you're stopped by the police, that's an arrest.


This is false. Patently false. I don't know where you're getting this, but it's false. I do this for a living. I've been in federal law enforcement for over a decade.






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JohnnyKilroy
New Orleans Pelicans Fan
Member since Oct 2012
8350 posts

re: So I Went To High School With A Cop


A traffic stop is being detained. Being detained is not necessarily an arrest.





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Meauxjeaux
Memphis Fan
I have 89,275 posts with my alters
Member since Jun 2005
16312 posts

re: So I Went To High School With A Cop


McCarton... you are talking about a detention of a individual for reasonable suspicion.

That is not what the OP posted.

The OP posted that the cop is taking pictures of a TICKET.

A ticket is an enforceable action based upon an arrest.

Just be cause you have not been taken into custody does not mean it's not an arrest.

You have been charged with a violation. If you pay it, it is ALSO KNOWN AS "PLEAD GUILTY".

If you do not want to plead guilty, you may go to court and request a hearing on it.

If you don't go to court, they will issue the "custodial arrest" in the form of an arrest warrant.






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ClientNumber9
LSU Fan
Spokane, WA
Member since Feb 2009
4304 posts

re: So I Went To High School With A Cop


quote:

Miranda Rights are not required when someone is placed under arrest. You can be arrested, cuffed etc and not have your rights read to you. It is not against the law.


This. It goes like this:

Miranda = custody + interrogation.

In other words, you only have to Mirandize if you have someone under arrest AND you plan to initiate a line of questioning that will likely lead to an incriminating response. I arrest people all the time and do not read Miranda.






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ClientNumber9
LSU Fan
Spokane, WA
Member since Feb 2009
4304 posts

re: So I Went To High School With A Cop


LINK

U.S. v Leal-Felix

Also, check out this one:

quote:

Dolan v. U.S. Postal Serv., 546 U.S. 481, 486 (2006). In Sentencing Guidelines § 4A1.2(a)(2), we interpret the term “arrest” to require that the individual be formally arrested; the mere issuance of a citation, even if considered an arrest under state law, is insufficient.


quote:

It is a bedrock principle of statutory construction that “unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning.” Perrin v. United States, 444 U.S. 37, 42 (1979). I am confident that an average citizen—with or without a law degree—would not believe he had been arrested if pulled over, briefly detained and issued a traffic ticket. Indeed, if a traffic citation constituted an arrest in ordinary parlance, then aspiring police officers and prison guards might have a lot more to disclose on their job applications. Young drivers would need to be more concerned about getting into college, and those filling out employment applications, background checks, visa applications, and adoption papers would need to employ an entirely different “truth-o-meter” than commonly understood. It seems unlikely, however, that police departments, prisons, colleges, government agencies and adoption organizations mean—or are even concerned about—speeding tickets when they ask if applicants have ever been arrested. In other words, treating an ordinary traffic ticket as an arrest defies our common experience and would be a paradigmatic shift.







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MrCarton
UNO Fan
Paradise Valley, MT
Member since Dec 2009
2224 posts

re: So I Went To High School With A Cop


quote:

McCarton... you are talking about a detention of a individual for reasonable suspicion.


I was talking to Cwill. It was a side conversation to the OP.

So you contend that a traffic stop is an an arrest by way of a summons?

Interesting. I need to read up on this.






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Meauxjeaux
Memphis Fan
I have 89,275 posts with my alters
Member since Jun 2005
16312 posts

re: So I Went To High School With A Cop


quote:

Examples of Arrests and Nonarrests

An arrest occurs when a police officer takes a person into custody. However, arrest is not synonymous with being taken to jail. The following common situations illustrate the scope of an arrest:

Example A driver is stopped for a routine traffic violation. The driver technically is under arrest because the driver is not free to leave until the officer has written a ticket (or if it’s the driver’s lucky day, only issued a warning). But the arrest is temporary. Assuming the officer has no basis to suspect that the driver is engaged in criminal activity other than the traffic violation, the officer usually releases the driver once the driver produces identification and signs a promise to appear in court (assuming a ticket was written). Traffic stop arrests do not become part of a person’s arrest record, and do not count as arrests for the purpose of answering the question, “Have you ever been arrested?” (on a job or license application, for example).


Bottom line, is I think we're splitting hairs and the application of the term varies form jurisdiction to jurisdiction.

As client9 above states, the "interpretation" often is that it should be a formal, custodial arrest for the reasonable person to consider they have been 'arrested'.

But also as it states, in many states, it is technically an arrest.



This post was edited on 2/17 at 6:10 pm


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MrCarton
UNO Fan
Paradise Valley, MT
Member since Dec 2009
2224 posts

re: So I Went To High School With A Cop


quote:


Bottom line, is I think we're splitting hairs and the application of the term varies form jurisdiction to jurisdiction.

As client9 above states, the "interpretation" often is that it should be a formal, custodial arrest.


I think you are right. I'm going to some more reading for my own interests, but I doubt there is a good answer to this question.






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ClientNumber9
LSU Fan
Spokane, WA
Member since Feb 2009
4304 posts

re: So I Went To High School With A Cop


I think you're right- it's all hair splitting at this point. I think I'm approaching it from a federal perspective vs state. Either way, it's an interesting debate. I knew I liked you, meauxjeaux.





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windshieldman
New Orleans Saints Fan
Member since Nov 2012
1291 posts
 Online 

re: So I Went To High School With A Cop


I would think most police depts would have SOPs stating you are not allowed to do that. For instance, at my fire dept if we post pics of fires or wrecks, even talking about ems runs we went on etc, you get 30 day suspension. 2nd time you are fired. Im referring to facebook and such. Of coure if there ie a HIPPA violation you get fired on the spot.





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Meauxjeaux
Memphis Fan
I have 89,275 posts with my alters
Member since Jun 2005
16312 posts

re: So I Went To High School With A Cop


definately here to, cn9!





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Meauxjeaux
Memphis Fan
I have 89,275 posts with my alters
Member since Jun 2005
16312 posts

re: So I Went To High School With A Cop


To re-address the OP, it's gotta be just a matter of time before that guy gets the smackdown from rank.

A major part of police existence is public relations and that dude is putting out major bad public relations.






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FelicianaTigerfan
LSU Fan
Baton Rouge
Member since Aug 2009
14078 posts

re: So I Went To High School With A Cop


He's an idiot and it looks bad on his department. You should report him





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La Place Mike
LSU Fan
West Florida Republic
Member since Jan 2004
15573 posts

re: So I Went To High School With A Cop


quote:

This is false. Patently false. I don't know where you're getting this, but it's false. I do this for a living. I've been in federal law enforcement for over a decade.
You're Fed so that doesn't make you an expert on all local and state laws. When you are issued a ticket you have been arrested. At least that's how it is here in Louisiana. Fail to show up in court or not pay the fine after being issued a ticket and see what happens.






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VOR
New Orleans Pelicans Fan
New Orleans
Member since Apr 2009
40627 posts

re: So I Went To High School With A Cop


quote:

quote:
A summons is an arrest.


No it isn't. Not even close. While court/arrest records are generally available to the public, it does not give the officer the freedom to display personal information on Facebook. I guarantee you this violates his agency's policy.


This is correct.







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iwasthere
UNO Fan
New Orleans
Member since Jul 2010
1089 posts

re: So I Went To High School With A Cop


I know everyone is trying to say technically it is an arrest, but it isn't. I live in Louisiana and when you get a background check done to show an arrest record, it does not show traffic tickets that you were allowed to drive off after receiving. For me, and generally speaking, if it doesn't show up on an arrest record, then it isn't an arrest.





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RCDfan1950
LSU Fan
United States
Member since Feb 2007
10558 posts

re: So I Went To High School With A Cop


Bottom line to the OP. This guy is packing heat and authority. He ain't right; or at least mature enough to be invested with such power. Not an anomoly for sure; a ton of preachers and cops out there looking for 'authority' and power to buck up their OWN self-esteem.

There should be departmental policies to educate and regulate these problematic behaviors.






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ShoeBang
New Orleans Pelicans Fan
Member since May 2012
4617 posts

re: So I Went To High School With A Cop


Your old high school buddy is an idiot and I hope he gets fired. Idiots have no business being cops, though most that I have ever come into contact with ARE idiots.





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