When a LEO tries to stop you and good case law citation

[glocksmith]

Having recently watched several AXON audio/video recordings of arrests, I have found the novel legal opinions of some "street lawyers" to be rather amusing, although not all of those were handled very deftly by the arresting officers.

They're AFAIK limited to asking questions to determine if a crime has been committed, then making an arrest, or not. That's it.

That's the kind of novel legal opinion that I find amusing on those videos.

Yeah right. Forgive me for my ignorance, but I thought the function of policing was strictly law enforcement, order maintenance, and service. The court system and corrections system is responsible for anything beyond that.

[Werz]

Having recently watched several AXON audio/video recordings of arrests, I have found the novel legal opinions of some "street lawyers" to be rather amusing, although not all of those were handled very deftly by the arresting officers.

They're AFAIK limited to asking questions to determine if a crime has been committed, then making an arrest, or not. That's it.

That's the kind of novel legal opinion that I find amusing on those videos.

Yeah right. Forgive me for my ignorance, but I thought the function of policing was strictly law enforcement, order maintenance, and service. The court system and corrections system is responsible for anything beyond that.

Not in the least. The police are clearly charged with maintaining order, and it is preferable to do so without criminal charges. Many, many disorderly conduct charges are averted by chiding from police officers, often followed with the word, "If I have to come out here again ..." It's not dissimilar to dad yelling at the kids, "Don't you make me come up there!"

[JediSkipdogg]

Yeah right. Forgive me for my ignorance, but I thought the function of policing was strictly law enforcement, order maintenance, and service. The court system and corrections system is responsible for anything beyond that.

Do some research on Problem Oriented Policing and Community Oriented Policing. You will see there is MUCH more than just arrest.

I find it funny though that you say they have a function of service. What do you think that service is? Out of 21,000 calls for service last year, my department generated around 2300 reports. ~700 of those are crash reports. ~600 of those are nothing but warrant services. Just around 1000 actual crimes in our community. So what were the other 18,700 calls? Obviously not much because I know we didn't have that many fights, drunk people, etc that we did nothing for.

Call the police that the train behind your house has changed their work schedule to switch cars around at 1 AM? Yup, we'll work with the railroad for you on that issue even though federal law says we can't create a law that makes it illegal for them to do that. So really, there's no legal recourse but we'll still spend countless hours on it for free.

Your child won't get out of the car? Yup, we'll handle that as well. I highly doubt you are calling us to take your 10 year old away for refusing to get out of the car.

You lost your cell phone and need a police report so your insurance will give you a new one? Sure, we'll do that for free for you.

Need me to go on naming items that police do that don't have anything to do with law enforcement, arrests, or disturbance of the peace?

[djthomas]

You forgot the bird flying around in the gentleman's basement. Or the lady who locked her keys in her car at the gas pump on a -2 degree day. Or the old lady who discovered that her long-since-passed husband brought a grenade home from WWII. Or the block party that wants a police car to come by to whoop the siren and talk to the kids. Or the young lady who is stranded 25 miles from the Greyhound station and 500 miles from home after her dirtbag boyfriend left her at a gas station crying with nothing more than a cellphone that has about 10 minutes of battery life left and three dollar's pocket change.

That last one, incidentally is most likely not a crime in and of itself. However I can assure you that boyfriend, if located, will definitely receive a lecture, at minimum. The young lady will probably be driven to the bus station in a police car where she'll be given money for a ticket from the wallets of the officers on shift that night. Enroute she'll probably be given the chance to use an officer's personal cell phone to call her mother long distance and let her know she's OK and coming home.

[glocksmith]

Seems I didn't make myself clear. I was talking about LEO's lecturing someone already under arrest....cuffed, in the back seat. Why bother when it is a done deal and the suspect is going to jail to be booked? I see that happen a lot on the TV show...where no doubt the cops are on their best behavior...and that's even scarier. My point is, I don't understand the mentality behind +++++++ with someone already at the disadvantage of being under arrest. That's like tormenting a caged animal. What kind of a person would behave in such a way. A police officer perhaps?

[Tweed Ring]

I think it happens on television, as reality shows must squeeze every ounce of drama, out of their various sleazy "reality" situations. I guess police officers don't have the time to preach when they are not in camera range...

[BobK]

Seems I didn't make myself clear. I was talking about LEO's lecturing someone already under arrest....cuffed, in the back seat. Why bother when it is a done deal and the suspect is going to jail to be booked? I see that happen a lot on the TV show...where no doubt the cops are on their best behavior...and that's even scarier. My point is, I don't understand the mentality behind +++++++ with someone already at the disadvantage of being under arrest. That's like tormenting a caged animal. What kind of a person would behave in such a way. A police officer perhaps?

I know of one young person who was arrested for shoplifting, first offense. The "lecture", as you call it, helped to influence this person to stay out of trouble thereafter. After completing pre-trial diversion and college, this person is now early 30's, married, and her life is back on track. The "lecture" she had in the patrol car, plus the one in overnight lockup, helped change her life.

So you ask, "What kind of a person would behave in such a way?" Perhaps it is someone who still gives a damn about making a difference in their job.

[Werz]

Seems I didn't make myself clear. I was talking about LEO's lecturing someone already under arrest....cuffed, in the back seat. Why bother when it is a done deal and the suspect is going to jail to be booked? I see that happen a lot on the TV show...where no doubt the cops are on their best behavior...and that's even scarier. My point is, I don't understand the mentality behind +++++++ with someone already at the disadvantage of being under arrest. That's like tormenting a caged animal. What kind of a person would behave in such a way. A police officer perhaps?

Then perhaps I didn't make myself clear. I am not talking about reality teevee. I am talking about everyday, real-world body-cam and in-car video. If you're talking about someone under arrest, some police officers do not handle bad behavior very well, but in the vast majority of cases, they don't say much at all, and what they do say is largely to get the arrestee to calm down. Most of the noise comes from the raging d-bag in handcuffs, including novel legal opinions. And when running their mouths gets them no satisfaction, they start kicking at windows in the vehicle.

[JediSkipdogg]

Seems I didn't make myself clear. I was talking about LEO's lecturing someone already under arrest....cuffed, in the back seat. Why bother when it is a done deal and the suspect is going to jail to be booked? I see that happen a lot on the TV show...where no doubt the cops are on their best behavior...and that's even scarier. My point is, I don't understand the mentality behind +++++++ with someone already at the disadvantage of being under arrest. That's like tormenting a caged animal. What kind of a person would behave in such a way. A police officer perhaps?

Some is to tell them the court process and what is going to happen from there on out. This is common for first time arrests. It may also be a lecture telling them if they continue down this path what it will lead them to. You'd actually be amazed how much something like this works.

For those that have a lengthy criminal history, you say anything you can to try to talk them out of continuing their crime. It's generally pretty useless, but, one still tries.

[djthomas]

It may also be a lecture telling them if they continue down this path what it will lead them to. You'd actually be amazed how much something like this works.

Drug addicts going to county for the first time are a scared lot. Most of the time they're people who genuinely need help. The fact that they're going through withdrawal doesn't help them either. I try to prep them as to what they're in for and urge them to use it as a wake up call. A handful of people have come back 6-9 months later and said thanks for being the only person who gave a damn about them at their lowest point. I know they're serious about it when they drop by on their way out of town (one of the very best things a drug addict can do for themselves).

Here's my perspective on it. During our limited time together I will probably be the last person to actually give two craps about them for a long time. Once they're dropped at the county jail they're nothing but a number in an assembly line from intake, to housing, to their trial, to their sentence and eventual release. I make it a point to know who I'm transporting and address them by their preferred name. If they don't want to talk, that's fine, though surprisingly rare. I'll talk to them anyway.

[Tweed Ring]

Drug addicts in the Big House are always trying to score. I recall one lad who informed me he had no cash and he had no desired sexual treats to offer for drugs, so he had been clean for close to 7 years. I asked him what he was going to do when he got out with his very meager savings and $75.00 gate money. He said score drugs.

[tbrew85]

After the article, check out the very first comment. Some lectures do matter.

Btw, absolutely a great choice for Middletown.


http://www.journal-news.com/news/news/m ... ief/nj75L/" onclick="window.open(this.href);return false;