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  • Domestic Violence

    Situation:dispatched to domestic disturbance, players are intoxicated, possible gun involved, on arrival spoke to female (highly intoxicated), denies involvement of any firearm,2 more units on scene, 1 a supervisor, the supervisor and the other officer speak with the male, supervisor NAT's the call, Its later discovered that the supervisor and the 2nd officer were aware that the firearm had been discharged in the residence causing damage to a window, still NAT. Responses please. Scene officer would have jailed the person that discharged the firearm had it been his/her call.
    law dog

  • #2
    Scene officer would have been correct!! Under La. Law if we witness signs of domestic violence we are REQUIRED to make an arrest,otherwise WE are guilty of malfeasance(sp) and get a ride to the happy hotel.
    Sleeping Giant. They're not fat and happy anymore. They are hungry and increasingly angry. That is not a good recipe for a "Puppies and Rainbows America".

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    • #3
      Originally posted by mavriktu View Post
      Scene officer would have been correct!! Under La. Law if we witness signs of domestic violence we are REQUIRED to make an arrest,otherwise WE are guilty of malfeasance(sp) and get a ride to the happy hotel.
      Thanks much, gues it was a bad call on the supervisor, too much lenience.
      law dog

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      • #4
        as in my other post i think he violated this:

        §2140. Law enforcement officers; duties

        A. Whenever a law enforcement officer has reason to believe that a family or household member or dating partner has been abused, the officer shall immediately use all reasonable means to prevent further abuse, including:

        (1) Arresting the abusive party with a warrant or without a warrant pursuant to Code of Criminal Procedure Article 213, if probable cause exists to believe that a felony has been committed by that person, whether or not the offense occurred in the officer's presence.

        (2) Arresting the abusive party in case of any misdemeanor crime which endangers the physical safety of the abused person whether or not the offense occurred in the presence of the officer. If there is no cause to believe there is impending danger, arresting the abusive party is at the officer's discretion.

        (3) Assisting the abused person in obtaining medical treatment necessitated by the battery; arranging for, or providing, or assisting in the procurement of transportation for the abused person to a place of shelter or safety.

        (4) Notifying the abused person of his right to initiate criminal or civil proceedings; the availability of the protective order, R.S. 46:2136; and the availability of community assistance for domestic violence victims.

        B.(1) When a law enforcement officer receives conflicting accounts of domestic abuse or dating violence, the officer shall evaluate each account separately to determine if one party was the predominant aggressor.

        (2) In determining if one party is the predominant aggressor, the law enforcement officer may consider any other relevant factors, but shall consider the following factors based upon his or her observation:

        (a) Evidence from complainants and other witnesses.

        (b) The extent of personal injuries received by each person.

        (c) Whether a person acted in self-defense.

        (d) An imminent threat of future injury to any of the parties.

        (e) Prior complaints of domestic abuse or dating violence, if that history can be reasonably ascertained by the officer.

        (f) The future welfare of any minors who are present at the scene.

        (3)(a) If the officer determines that one person was the predominant aggressor in a felony offense, the officer shall arrest that person. The arrest shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law.

        (b) If the officer determines that one person was the predominant aggressor in a misdemeanor offense, the officer shall arrest the predominant aggressor if there is reason to believe that there is impending danger. If there is no threat of impending danger, the officer may arrest the predominant aggressor at the officer's discretion, whether or not the offense occurred in the presence of the officer. An arrest pursuant to the provisions of this Subparagraph shall be subject to the laws governing arrest, including the need for probable cause as otherwise provided by law. The exceptions provided for in R.S. 46:2140 shall apply.

        (4) As used in this Subsection:

        (a) "Dating violence" has the meaning as defined in R.S. 46:2151(C).

        (b) "Domestic abuse" has the meaning as defined in R.S. 46:2132(3).

        Acts 1985, No. 442, §1, eff. July 12, 1985; Acts 2003, No. 750, §6; Acts 2004, No. 882, §1.




        As something good to know:

        §2142. Immunity

        Any law enforcement officer reporting in good faith, exercising due care in the making of an arrest or providing assistance pursuant to the provisions of R.S. 46:2140 and 2141 shall have immunity from any civil liability that otherwise might be incurred or imposed because of the report, arrest, or assistance provided.

        Acts 1985, No. 442, §1, eff. July 12, 1985.
        sigpic"Nothing in the world is more dangerous than sincere ignorance and consciencious stupidity.

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