This is a discussion on Bad cop within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; Originally Posted by SIXTO A non custodial interview does not require. But, given the type of crime we are considering, I highly doubt the officer ...
Ok, now I have to show my ignorance and ask; what's the difference between interrogation and interview? This is asked out of true sincerity and no sarcasm.
"The superior man, when resting in safety, does not forget that danger may come." ~ Confucius
I gotta go with Sixto's take on this...
First off... the police do not have to mirandize you. As Sixto says.... thats only on TV. Satements made while not in custody may well be admited in court. The combination of custody, and questioning trigger the recomendation of miranda warnings.
As far as this particular cop. It may be very well that he overstepped his boundries. Or maybe he didnt. None of us was there. Also there are things the police do that some civilians do not understand.
As far as getting the tapes or any other police material... Before trial there will probably be a Rosario hearing where the defense can demand all pertinant materal in the case from the police, and states attorney.
"Just blame Sixto"
Hummmm, all interesting. I've seen great LEO's , extremely honest & professional LEO's, complete incompetants, corrupt one's, and 'bad' ones ... in the sense they think the badge justifies anything they do. The good and great one's , typically far outweigh the later. However, an encounter with the latter, can make for a bad day.
While reading all of this.... I was just imaging "what if" this guy had told the officer.... "I'm a CC holder and I am carrying" ..... ugh...
I think there is a good point in all of this. You don't know what kind of LEO the one you are about to deal with is, no more than they know what kind of person any of us are as they approach us. We can only do whatever is within our ability to keep it a positive one, if someone decides to take it another direction...... our best option is to cooperate at the time and raise hell later through the proper channels, attorneys and courts.
So, assuming the comments are all there was, and are totally accurate..... the friend should get an attorney, who should obtain the cam tape if there is one, testimony / deposition of the witnesses, and 1) defend him of any charges filed, 2) file a lawsuit to make sure the City takes serious note of what this officer is going to cost them.
If... an attorney talks to the DA and shows him the officer's behavior was out of line, and the charges are bogus, if they have any intelligence they will drop the charges faster than a steaming hot rock.
Here is my bet, some neighbor called the police and told them that there was an "unknown" suspicious person sitting out there talking with 2 young girls...... and the officer was checking him out, when ... for whatever reason (maybe friend seemed suspicious, resistive in giving information, or belligerent) , the officer decided to get him out of the car to handcuff him so that he couldn't do anything or drive away. And at that point, he owes the friend no explanation as to why he is doing what he is doing .... he's in the investigative stage and protecting himself, as well as making sure the friend is not going anywhere nor going to do something stupid. The officer does not want to find himself in a fight with someone and doesn't know if they are armed or not, or could mean him harm or not.
Then, if he was very belligerent and rolling around and 'resisting" in any way, the officer decided that was that, and took him in.
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Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."
I hate to interject this but as it may have some bearing...... is there a racial aspect to this story that we are not aware of at this point?? Just curious.
A good rule of thumb for anyone out there: When in a encounter with a LEO & they ask for something or where something is (that you're willing to divulge,) calmly ask the officer if it's ok to reach for the item yourself or if you may physically assist them in any way. It would help ensure clear communications.
I'm not sure if this would've changed the outcome of the OP's story, not having been there myself.
"Historical examination of the right to bear arms, from English antecedents to the drafting of the Second Amendment, bears proof that the right to bear arms has consistently been, and should still be, construed as an individual right." -- U.S. District Judge Sam Cummings, Re: U.S. vs Emerson (1999)
If true, buddy should consult with a lawyer. Meanwhile, OP should learn to type. Man, was that difficult to read.
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After wading through all the comments I do have a thing or two on this. I have a very good friend in Florida who is a Police Officer. I have gone on a citizens ride with him many years ago. Everyone who has no clue what Police go through on a daily basis need to do this once. It is a very stressful, and most time a thankless job. He wants to retire soon, I hope he can.
Not all Police are like this, many have to deal with the stress of not knowing what may happen with that "next" encounter with Joe Public. With the specter of drugs and those who deal them from cars, a person may appear to be suspicious even though they are completely innocent of a crime. Could be they have parked in an area frequented by drug dealers.
There should be and needs to be a thorough investigation. As we know, we are all human and some of us can be in jobs we are not qualifed and hence some of the "bad" cops. It only takes one to make all of them look awful. Not only that, but there can be bad people in every occupation, it really doesn't matter, but Police get more attention when they go sour.
It will be interesting to see the outcome of this.
"A Smith & Wesson always beats 4 aces!"
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On topic, it is my understanding that prior to asking you any questions after they place you in custody they must advise you of your miranda rights, so the statement that officers don't have to mirandize you is misleading...they do if they want to talk to you after placing you under arrest.
For a little better understanding of our Miranda rights. Here is a small article on the subject. We all should know our rights, before pretending to know them, It might cost you in the end.
The Miranda Warning - The U.S. Constitution Online - USConstitution.net