Gun Law Q&A With Off Duty LEO - Page 8

celticredneck · October 28th, 2009, 09:30 AM

The city of Norfolk has learned the hard way what happens when the hassle and arrest someone who isn't breaking any law(several times now).

Deanimator · October 28th, 2009, 10:34 AM

Quote:

Originally Posted by celticredneck

The city of Norfolk has learned the hard way what happens when the hassle and arrest someone who isn't breaking any law(several times now).

The way to put a fast end to those sorts of things is to go after the individual officers. Whether he's following UNLAWFUL "policy" or cowboying it, losing his home and his family going hungry is a REAL deterrent.

ticktwrter · October 28th, 2009, 02:03 PM

I think the bigger issue is that of carrying a firearm, permit or not, while drinking alcohol.

FLSquirrelHunter · October 28th, 2009, 10:19 PM

Quote:

Originally Posted by ticktwrter

I think the bigger issue is that of carrying a firearm, permit or not, while drinking alcohol.

Agreed. Here in FL it's legal. ... Here and everywhere it's stupid.

basher052 · October 28th, 2009, 10:53 PM

Quote:

Originally Posted by TX-JB

I don't know how things work in Florida, but there aren't too many arrests made here where the DA on duty, isn't checked with to accept the charges, before the arrest.

Exactly correct. I have a great friend who is a LEO in a city just north of Houston. I have ridden along many times. When ever he arrested someone (usually several times each ride along...not a good city

), he always contacted the ADA on duty to see if they would take charges. This one is simple, well in Texas its simple anyway. Now if the ADA screws up, you are in a whole different world of hurt.

Then again, we roll different down in Texas ya'll

basher052 · October 28th, 2009, 11:00 PM

Quote:

Originally Posted by 64zebra

yes LEOs should know that laws that they are going to enforce

that being said, do we know ALL of them....and I mean ALL of them....no....I'm personal friends with the DA here and even he and his investigators have to look stuff up....there are a LOT!
I carry my copy of the penal code, traffic code, gov't code, code of criminal procedure, family code, education code, and health & safety code in my trunk on-duty (yes, its a heavy bag)
in fact we had a call yesterday that was a gray area of enforcing, me and my partner looked it up sitting in our car and decided it wasn't worth pursuing since it was such a gray area and would be difficult to prove

shouldn't give tickets for doing 57 in a 55, this is very similar,
reminds me of a saying we use in basketball officiating......if you don't know-you don't blow (the whistle)

I never write tickets/make arrests unless I'm 100% sure of what I saw or what I'm doing

cops don't know every law and can't be expected to no matter how emotional someone may be about this topic
pick up a copy of your state's law and get to reading, you'll see just how quickly the idea of knowing ALL of them is ridiculous
however, if a LEO is going to take action against someone for an infraction of the law they better dang sure know that the infraction is legit

to the OP....contact the agency in question and let them know what was said to you and ask them to double check this and communicate it to their officers what was said and what the correct law states.
you get your point across and don't look/sound like someone that is just complaining to the PD for the sake of complaining, that will get you further than ranting to them (not saying you would, just a suggestion)

You left one thing out 64zebra.....those penal code, and traffic law books are constantly being replaced. When I took CJ classes in college, eons ago, the book we used one semester was usually replaced the next. I have to agree with you. The legislature changes laws all the time. The argument that a LEO should know ALL the laws is like saying an attorney should know EVERY law the instant something comes up. If i remember correctly, they take time to research the law in court cases. LEO's make decisions in a 5 - 30 minute span, and for the most part they do a great job.

64zebra · October 28th, 2009, 11:37 PM

Quote:

Originally Posted by basher052

You left one thing out 64zebra.....those penal code, and traffic law books are constantly being replaced. When I took CJ classes in college, eons ago, the book we used one semester was usually replaced the next.

yep, we get new books when new laws take effect every other year September 1st and have to attend update classes to go over the changes

basher052 · October 28th, 2009, 11:47 PM

Quote:

Originally Posted by Deanimator

The way to put a fast end to those sorts of things is to go after the individual officers. Whether he's following UNLAWFUL "policy" or cowboying it, losing his home and his family going hungry is a REAL deterrent.

Deanimator, I hope the rest of your life goes better with the LEO's you encounter than with the ones you have met in your past. It seems, to me anyway, that you are looking to "make them pay", my words, not yours. IMHO.

Personally, I have had interaction with many officers over the years. Some in social situations, others in infractions with the law. By and large most of them, male and female, were good, hard working people who do a job for little pay, and a good chance at an early death by stress from the job. I would hope you know that they are not all out to get us, or intent on breaking the law. Mistakes will be made, and there are triggers and penalties to correct them in each department.

Just my $.02 worth anyway....im not a cop, and I dont play one on TV

Deanimator · October 29th, 2009, 07:50 AM

Quote:

Originally Posted by basher052

Deanimator, I hope the rest of your life goes better with the LEO's you encounter than with the ones you have met in your past. It seems, to me anyway, that you are looking to "make them pay", my words, not yours. IMHO.

Personally, I have had interaction with many officers over the years. Some in social situations, others in infractions with the law. By and large most of them, male and female, were good, hard working people who do a job for little pay, and a good chance at an early death by stress from the job. I would hope you know that they are not all out to get us, or intent on breaking the law. Mistakes will be made, and there are triggers and penalties to correct them in each department.

Just my $.02 worth anyway....im not a cop, and I dont play one on TV

I'm from Chicago, so the concept of a "good cop" was pretty much alien to me until I moved to Ohio.

If you deprive me of my liberty because you made up a nonexistent law, that's not a "mistake". It's a choice, just as someone taking a swing at a cop is a choice. There should be grave consequences for such actions. If I take a swing at a cop, I'm a criminal and should be treated like one. If a cop falsely arrests me because he's too lazy to know the law, he's a criminal too, and I'm going to treat him like one. That's purely non-negotiable. The odds are he won't be criminally prosecuted, but that won't stop me from doing what I can to make him lose his house.

If people don't want negative consequences, they need to not commit criminal acts. False arrest is a criminal act and a civil tort. When you let cops get away with crimes, you get the Chicago PD. Nobody with any sense or decency wants that.

SIXTO · October 29th, 2009, 09:24 AM

Chicago... that explains a lot.

October 29th, 2009, 09:24 AM	#80
SIXTO VIP Member Join Date: Oct 2006 Location: Ohio Posts: 12,258	Chicago... that explains a lot. __________________ _________________ \|^^^^^^^^^^^^^\| \|___ \| SIXTO EXPRESS---\| \|\|'\|";,__. \|_..._...___________\| \|\|_\|_\|...,] "(@)'(@)""""\|(@)(@)*****(@)

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October 28th, 2009, 09:30 AM	#71
celticredneck Member Join Date: Jun 2008 Location: Amelia Virginia Posts: 255	The city of Norfolk has learned the hard way what happens when the hassle and arrest someone who isn't breaking any law(several times now).

October 28th, 2009, 02:03 PM	#73
ticktwrter New Member Join Date: Jun 2009 Location: Indiana Posts: 1	I think the bigger issue is that of carrying a firearm, permit or not, while drinking alcohol.