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  • Writing a DRUNK fellow officer (off duty) and.....

    writing a speeding professional driver (CDL, etc.).....I was asked if I were a full-time officer, off probation, and pulled over both my fellow officer who is visably drunk and on a separate stop pulled over a CDL driver who was also drunk and speeding...would I arrest/write them.

    I answered yes and....well....let's just say my answer didn't go over too well. At first, I assumed he may be playing with my head to see if I would change my answer under pressure, etc...but I didn't. My first answer was to call a supervisor to the scene (for the fellow officer scenario) but one was not available.

    I was continually asked and told I would be messing up someone's life who maybe only drove drunk a few times in his life and my answer was he made the decision to possibly ruin his life far before I pulled him over.

    I believe he may have thought I was BS'ing him and was giving the answers I thought he wanted to hear. Quite honestly, arresting a fellow officer...in my mind anyway, would be the LAST answer I thought he wanted to hear.

    At any rate, in the end I was told my discretionary views were questionable and may pose a problem down the road in the hiring process.

    Sooooo.....I was honest in my answers, which I imagine is all anyone can ask for. But, I'm a little troubled that maybe my views are in fact questionable. Any thoughts out there on the issue? Has anyone here ran into a scenario where they faced having to arrest a fellow law enforcement officer?

    Looking back, I firmly believe I would answer the questions the same way....

  • #2
    I'm not sure I follow you. Were asked if you would arrest an off duty cop who was driving drunk as part of an interview process for a PD?

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    • #3
      Originally posted by just joe
      I'm not sure I follow you. Were asked if you would arrest an off duty cop who was driving drunk as part of an interview process for a PD?

      Yes....I apologize I was not more clear in my post. Who knows, maybe it actually was the wrong answer to give....I was able to justify it though.

      I told him based on my life experience, etc., this is what I feel I would do. Further experience, general life experience as well as law enforcement experience, may in the future give me more insight....but as it stands now, yes I would arrest.

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      • #4
        You are going to get lots of "discretionary options" replies on this one...

        Seems following the laws you enforce isn't required, and ticketing a fellow officer is looked down upon...
        Last edited by jbauch357; 04-16-2007, 02:00 PM.

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        • #5
          You, without a doubt would be doing the right thing in arresting an off-duty or on duty officer who was drunk. Do not let anyone else tell you different. But........

          A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745

          It's only a conspiracy when your party is not in power.

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          • #6
            Originally posted by TOPPED_OUT
            Yes....I apologize I was not more clear in my post. Who knows, maybe it actually was the wrong answer to give....I was able to justify it though.

            I told him based on my life experience, etc., this is what I feel I would do. Further experience, general life experience as well as law enforcement experience, may in the future give me more insight....but as it stands now, yes I would arrest.
            There's no doubt in my mind, had you gone the other way, you would have gotten the "you would allow a law breaker to go free, simply because he was a cop?" speech, and the interview would have ended immediately. IMO, you answered correctly.

            Contrary to what the resident trolls feel, LEO's do arrest other LEO's, in situations where discretionary options are not available. I personally arrested an off duty LEO, for being involved in a non-injury T/C, while duce.
            "Think like a man of action, act like a man of thought" ~Henri Louis Bergson
            ______________________


            ComptonPOLICEGANGS.com

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            • #7
              Originally posted by jbauch357
              You are going to get lots of "perks of the job" replies on this one...

              Seems following the laws you enforce isn't required, and ticketing a fellow officer is looked down upon...

              I understand there are perks of the job......but, perks only go so far IMO. Not too mention, I'm not sure there is a way to exactly quantify discretion. I may not write for 10 over...but I would for 20 or 30 over. Another officer may not write at all, regardless of the circumstances.

              Whatever the case may be, I really don't see where I was wrong. Again, at first I thought it was just an interview tactic to determine if I would be consistent and sure-footed in my answers....but when I was told my answers may pose a problem down the road....that's what makes me think my answers were in fact, wrong.

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              • #8
                Originally posted by TOPPED_OUT
                I understand there are perks of the job......but, perks only go so far IMO. Not too mention, I'm not sure there is a way to exactly quantify discretion. I may not write for 10 over...but I would for 20 or 30 over. Another officer may not write at all, regardless of the circumstances.

                Whatever the case may be, I really don't see where I was wrong. Again, at first I thought it was just an interview tactic to determine if I would be consistent and sure-footed in my answers....but when I was told my answers may pose a problem down the road....that's what makes me think my answers were in fact, wrong.
                That is the scary part, that it's in the training that if you ticket a drunk officer it may cause problems down the road...

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                • #9
                  Originally posted by exComptonCop
                  There's no doubt in my mind, had you gone the other way, you would have gotten the "you would allow a law breaker to go free, simply because he was a cop?" speech, and the interview would have ended immediately. IMO, you answered correctly.

                  Contrary to what the resident trolls feel, LEO's do arrest other LEO's, in situations where discretionary options are not available. I personally arrested an off duty LEO, for being involved in a non-injury T/C, while duce.
                  The whole ride home I was thinking the exact same thing....."If I answered I wouldn't write...I would've been questioned on letting someone go just because he was a cop"

                  My issue is/was...the concerns posed to me regarding the discretionary issues.....were sort of after the interview. Not really during the 'official' interview. This leads me to believe he was really concerned about my answers.

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                  • #10
                    Just wanted to say thanks for the replies everyone.....I guess I was just looking for some 'feel good' answers....lol...to make me feel good about my answers..lol

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                    • #11
                      I will help you out a little.

                      1.) Off-duty cop gets drunk
                      2.) Off duty cop drives home
                      3.) You stop him for speeding, he flashes his badge
                      4.) You go 10-8 and say nothing more
                      5.) 20 mins later you respond to an accident involving said off-duty officer and a family of 5.
                      6.) The family of 5 all died
                      7.) You and the off-duty cop's career is finished and charges are brought, a long with lawsuits.
                      8.) Do you really wanna work for this PD if they want you to let go, they will not stand behind you if this happens.

                      Comment


                      • #12
                        Originally posted by Mr. CO
                        I will help you out a little.

                        1.) Off-duty cop gets drunk
                        2.) Off duty cop drives home
                        3.) You stop him for speeding, he flashes his badge
                        4.) You go 10-8 and say nothing more
                        5.) 20 mins later you respond to an accident involving said off-duty officer and a family of 5.
                        6.) The family of 5 all died
                        7.) You and the off-duty cop's career is finished and charges are brought, a long with lawsuits.
                        8.) Do you really wanna work for this PD if they want you to let go, they will not stand behind you if this happens.
                        Damn!....you may or may not believe me but.....I actually brought this up to the officer when we were going back and forth on this issue. I asked him what about personal or departmental liability should I let the individual go and he gets into an accident and kills someone.

                        This question, it seemed to me, sort of irritated him and he responded with, "You can arrest him....he posts bond and leaves the station...still kills someone on the way home...and you can still be sued..." Basically telling me, "Yeah, you can get sued...What's your point??"


                        EDIT: That's what is rubbing me the wrong way about this whole matter. I thought I had brought up valid and supporting points to my argument. The fact there is liability involved....the fact both the officer and CDL driver should know better....the fact I may be causing them an inconvenience now but could possibly be saving their own and other lives later....the fact that being an officer or CDL driver is no excuse and I would expect to be treated the same, etc....all what I feel are valid points.

                        With all of that, I was still told there was question as to my discretionary abilities.
                        Last edited by TOPPED_OUT; 04-16-2007, 04:13 PM.

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                        • #13
                          Originally posted by TOPPED_OUT
                          This question, it seemed to me, sort of irritated him and he responded with, "You can arrest him....he posts bond and leaves the station...still kills someone on the way home...and you can still be sued..." Basically telling me, "Yeah, you can get sued...What's your point??"

                          Around here the jail will let a drunk go before the officer even goes 10-8. I think the min. amount of time waiting is 30 mins. Not even a full hour in jail. But if THEY (jail) let him go, you shouldn't be the one to get sued. Neither should they if there following policy. If they are, well the department will get sued not you.

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                          • #14
                            The reason your hiring is questionable is you have showm before any peer presure to do so, that a police officer, in your mind, get's a pass on first instinct.

                            That may come later into your career, but when you are lilly white and baby fresh, they want to know you would administer justice, justly. And fairly. And without favor.

                            Better luck next time. You get there! Keep trying.
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                            • #15
                              Originally posted by 1042 Trooper
                              The reason your hiring is questionable is you have showm before any peer presure to do so, that a police officer, in your mind, get's a pass on first instinct.

                              That may come later into your career, but when you are lilly white and baby fresh, they want to know you would administer justice, justly. And fairly. And without favor.

                              Better luck next time. You get there! Keep trying.



                              I think you may have mis-understood my posts....or I may be mis-understanding yours. I showed, before any peer pressure as you put it...that the officer DOES NOT get a pass. They seemed bothered by the fact I would not give the officer a pass. He said people often times make mistakes and asked would I be willing to ruin their lives just because they chose to drive drunk "one time" My answer was YES and that they made the decision to ruin their lives long before I pulled them over.

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