Ad JS

Collapse

Leaderboard

Collapse

Leaderboard Tablet

Collapse

Leaderboard Mobile

Collapse

Announcement

Collapse
No announcement yet.

Misdemeanor not committed in officer's presence

Collapse

300x250 Mobile

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Misdemeanor not committed in officer's presence

    Question for member of the forum. It is common knowledge that an officer cannot make an arrest for a misdemeanor that did not occur in their presence. My question is, besides the already established exceptions such as DUI, Domestic Assault, etc. Is there anything else that can be construed as a justifiable arrest? For example, you pull over a car and find two stolen firearms in the vehicle with a combined worth of $800.00, if there is no magistrate available, is an arrest justifiable? Or more specifically, you take a report about stolen property, while still on scene an officer conducts a traffic stop and finds the stolen property in the suspects car. Neither officer was technically "in the presence" when the items were stolen, but the recovery and possession of the stolen property was in the officer's presence. Would this be considered a legal or illegal arrest? Is there any case law dealing with stolen items in someone's possession that stem from a misdemeanor theft? Any advice is wanted, case is in specifically in Tennessee.

  • #2
    Speak with your local prosecutor. THEY determine if the case goes to trial as THEY will be trying the case, not YOU as a LEO. You're a witness, and should be conducting yourself as such.

    From the scenario you mentioned, I see many ways the case can be tried (based on what I've seen OTJ). Keep in mind that laws differ by jurisdiction and even how judges interpret such law. The prosecutor would be the best person to talk to, as they will tell you what they need to make a solid case in your jurisdiction.
    Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

    Comment


    • #3
      Possession of Stolen property. On view. What’s the issue?
      Last edited by CCCSD; 05-29-2018, 07:58 PM.
      Now go home and get your shine box!

      Comment


      • #4
        Thank you very much
        Last edited by Zcochran121; 05-30-2018, 01:31 AM.

        Comment


        • #5
          Possession of stolen property has always been an arrestable crime where I'm at. If two or more people are in possession, conspiracy to posses should take you into felony arrest territory. You probably won't get a conspiracy filing, but if you know how to word it, you can establish RS for the conspiracy arrest and then let them drop it simple possession of stolen property.

          Look for other items which, in conjunction with the stolen property, could reasonably be construed to be burglary tools and hook them for that. Just be creative enough to find RS for the initial arrest to be legit and then let them reduce it to the possession charge or give the detectives enough time to prove the theft.

          If you can't come up with any of that, switch to Plan B. Confiscate the property, do a strong FI to identify the suspects and do a recovered property report. Then let the detectives sort it out. The property will have been recovered and the bad guys identified. The detectives can get them tomorrow or next week..

          Going too far is half the pleasure of not getting anywhere

          Comment


          • #6
            In New York police can arrest for any crime in or out of their presence.

            Comment


            • #7
              Originally posted by Zcochran121 View Post

              Our DA, this is in TN. Says its "either theft or not, there is no tca for stolen property". He said we made an illegal arrest because it was misdemeanor. My reasoning is the evidence discovered in his possession gives us enough pc to arrest. He is advising us to get ready for the lawsuit
              Your DA is an idiot the TCA for theft includes possession. Done it more times than I can count on stolen guns and cars. Charge accordingly and let them worry about convictions.

              Where'd you learn that, Cheech? Drug school?

              Comment


              • #8
                39-14-101. Consolidation of theft offenses.

                OP looks like your theft offenses includes possession and you should have charged them with Theft of Property.

                Government does not solve problems; it subsidizes them.
                President Ronald Reagan

                All we ask is to be let alone.
                President Jefferson Davis

                Comment


                • #9
                  Sounds like a legal stop, with firearms in plain-view; NOT following-up with the guns SHOULD result in disciplinary action, even if only verbal corrective advice.
                  #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                  Proud Dad of #54266 - RCMP - 2007-02-12 to date
                  RCMP Veterans Association - Regina Division member
                  Mounted Police Professional Association of Canada - Associate (Retired) member
                  "Smile" - no!

                  Comment


                  • #10
                    Originally posted by JDCOP View Post

                    Your DA is an idiot the TCA for theft includes possession. Done it more times than I can count on stolen guns and cars. Charge accordingly and let them worry about convictions.
                    I think what the DA was telling the officer is that a 'stolen property" charge is included in the theft statute. The code book in Tennessee (TCA) was consolidated years ago. "Theft" as a charge covers a very broad range of crimes.

                    The officer /OP should have known this. I honestly don't understand why ANY officer does not have a thorough understanding of the laws in his/ her jurisdiction, or what make up the elements of a crime when documenting incidents/ arresting folks. It's like a doctor who likes wearing a white coat, but has no idea how to treat a fever.
                    Ridiculous.
                    OP- Go back to school son.
                    SUPPORT COP RUN BUSINESSES!!
                    SUPPORT LEO BUSINESSES!



                    In 2017, the sales of my LEO related decals allowed me to donate over $350. to LE/ Military related charities... THANK YOU!!! Check them out HERE...

                    Comment


                    • #11
                      It's because they now think that all they have to do is google ****, no need to actually learn and memorize...
                      Now go home and get your shine box!

                      Comment


                      • #12
                        This is not common knowledge. To make a warrantless arrest (felony or misdemeanor) you don't need a magistrate or to see it happen you just need probable cause.

                        Comment


                        • #13
                          Who said you can't arrest for a misdemeanor that didn't occur in the presence of an officer ???
                          I yell "PIKACHU" before I tase someone.

                          Comment


                          • #14
                            Apparently, this guys DA..who needs to go back to law school.
                            Now go home and get your shine box!

                            Comment


                            • #15
                              Originally posted by CCCSD View Post
                              Apparently, this guys DA..who needs to go back to law school.
                              Of the OP needs to come up with a better story....
                              Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 10818 users online. 395 members and 10423 guests.

                              Most users ever online was 19,482 at 11:44 AM on 09-29-2011.

                              Welcome Ad

                              Collapse
                              Working...
                              X