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  • Question about cases involving an officer's friends or family members

    Hello to all. New to the forum. Thanks in advance to anyone who offers their insight. I'm just going to jump right in.

    Is it a violation of law, procedure or ethics for an officer, who was not present for or personally involved in a matter, and where department staff was available to step in, to investigate & arrest someone, who allegedly committed a crime against a friend or family member?



  • #2
    It depends on the crime, the laws where you are, the facts ofthe case.

    Generally speaking (with a few exceptions), if the crime was a misdemeanor, not committed in the officer's presence, a citizen's arrest would be necessary to cite or arrest a person for a crime.

    For a felony, an officer can make an arrest if enough probable cause exists for that officer to believe that the person committed the crime.

    That's the basic explanation. Your question was pretty vague...

    Comment


    • #3
      Originally posted by Tlan5 View Post
      Hello to all. New to the forum. Thanks in advance to anyone who offers their insight. I'm just going to jump right in.

      Is it a violation of law, procedure or ethics for an officer, who was not present for or personally involved in a matter, and where department staff was available to step in, to investigate & arrest someone, who allegedly committed a crime against a friend or family member?

      Instead of asking us an obtuse question with five commas in it, why don't you just tell us what happened.

      Comment


      • #4
        Agendas are hard to articulate...
        Now go home and get your shine box!

        Comment


        • #5
          Clof2001, I appreciate your response. I'll add a little more detail. I paid someone $2,500 for a service. He never performed the service and refused to give me a refund. He totally ripped me off. I was ****ed and I called him a few times yelling and demanding a refund. He taunted me and I made a few vague comments that may have been interpreted as a threat, even though they weren't actual threats. A couple weeks later, his best friend, a local police officer, came to my home and arrested me for harassment. I take full responsibility for my part, but I was wondering if the officer should have turned the matter over to someone else? I obtained an audio recording of the police report and the officer tells him exactly what to write, word for word. Just wondering if it was improper for him to tell him exactly what to write in the report?

          Comment


          • #6
            Originally posted by Tlan5 View Post
            Clof2001, I appreciate your response. I'll add a little more detail. I paid someone $2,500 for a service. He never performed the service and refused to give me a refund. He totally ripped me off. I was ****ed and I called him a few times yelling and demanding a refund. He taunted me and I made a few vague comments that may have been interpreted as a threat, even though they weren't actual threats. A couple weeks later, his best friend, a local police officer, came to my home and arrested me for harassment. I take full responsibility for my part, but I was wondering if the officer should have turned the matter over to someone else? I obtained an audio recording of the police report and the officer tells him exactly what to write, word for word. Just wondering if it was improper for him to tell him exactly what to write in the report?
            What "service" was this "someone" supposed to perform?

            Comment


            • #7
              Victims don’t write police reports. How is the report an audio recording?
              Now go home and get your shine box!

              Comment


              • #8
                Originally posted by Aidokea View Post

                What "service" was this "someone" supposed to perform?
                He was an attorney I hired to help me get my daughter back. He went to court one time, reset the case and called me a few hours later and said "My time has exceeded the amount you've paid me, good bye." Never asked for more money. I can only assume that he realized that the case involved misconduct from the county attorney and he didn't want to step on any toes.

                Comment


                • #9
                  Originally posted by CCCSD View Post
                  Victims don’t write police reports. How is the report an audio recording?
                  The alleged victim was called back to the station. The officer recorded the interview. He asked the alleged victim to write a statement, then directed him to write exactly what he said, word for word.

                  Comment


                  • #10
                    Originally posted by Tlan5 View Post

                    He was an attorney I hired to help me get my daughter back.
                    What do you mean by "back"?

                    I can only assume that he realized that the case involved misconduct from the county attorney and he didn't want to step on any toes.
                    Why would you assume that?

                    Comment


                    • #11
                      Originally posted by Tlan5 View Post
                      Hello to all. New to the forum. Thanks in advance to anyone who offers their insight. I'm just going to jump right in.

                      Is it a violation of law, procedure or ethics for an officer, who was not present for or personally involved in a matter, and where department staff was available to step in, to investigate & arrest someone, who allegedly committed a crime against a friend or family member?

                      So your issue is that you would prefer to have been arrested by a different officer?

                      Comment


                      • #12
                        Originally posted by Tlan5 View Post

                        The alleged victim was called back to the station. The officer recorded the interview. He asked the alleged victim to write a statement, then directed him to write exactly what he said, word for word.
                        And you obtained the recording how..?
                        Now go home and get your shine box!

                        Comment


                        • #13
                          Originally posted by Aidokea View Post

                          What do you mean by "back"?

                          In the audio recording, the officer stated to the alleged victim that the district attorney would not pick up the original case. The officer called the alleged victim back in to open another case, but would instead be asking the Justice of the Peace for a warrant because, and I quote "the JP will sign anything, he doesn't even read them."



                          Why would you assume that?

                          Without going into a lot of detail, my daughter was unlawfully removed from her school, without a warrant and without exigent circumstances. The DA even asked for a removal, the Judge denied her, 10 minutes later the DA orders the removal. There's a lot more, but I'll spare you the drama.

                          Comment


                          • #14
                            Originally posted by Aidokea View Post

                            So your issue is that you would prefer to have been arrested by a different officer?
                            You hit the nail on the head. I just feel that anytime an officer's family or friends are involved, it's better for another officer to take over. Unless of course it's an emergency and he/she is the only one available to respond. That way no questions arise as to the officer's impartiality / judgement.

                            Comment


                            • #15
                              Originally posted by CCCSD View Post

                              And you obtained the recording how..?
                              My attorney thought they were sending me the audio recording of the alleged threats. They actually sent me the audio recording of the interview with the alleged victim.

                              Comment

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