OK Officer, let me read you MY' rights

[Margaret Hood]

OK Officer, Let me read you "my rights!" ...Oh shoot..."So Little Time!"

Wouldn't that be a kick in head! And wouldn't you be surprised to be confronted w/a citizen who actually knows his rights and YOURS TOO!

[Smurfette_76]

I've run into many a citizen that thinks they know their rights, but in 8+ years, I've never confronted one, not even the lawyer that I dealt with, that fully understood the issue. Simply put, there a thing called totality of the circumstances, so unless you're riding around in my pocket aware of everything that I've been told, observed, and investigated with regards to a particular incident, you're NOT going to understand fully what I can and can't do at that moment in time.

[pulicords]

A couple of months ago, one of our officers saw two taggers and attempted to detain them. One of the suspects fled and within a couple of minutes, I saw someone matching the general description walking nearby. When I stopped him, he started giving me @#%$ and demanding to know what my "reasonable suspicion" for the stop was. I asked if he was a law student and when he admitted that he was, told him why I was detaining him (per Terry vs Ohio) and asked how familiar he was with the case. He started getting a little worried about the "law quiz", but answered my questions as best as he could. When he told me he was attending a very well respected law school near here, I asked about his instructors and he really got nervous. The in-field show-up was negative and I let the subject leave after an FI was completed. I didn't tell him at the time, but I guess he found out that I was scheduled to speak as a guest at that law school's criminal law class three days later. Unfortunately, he didn't show up!

[SgtScott31]

I've run into many a citizen that thinks they know their rights, but in 8+ years, I've never confronted one, not even the lawyer that I dealt with, that fully understood the issue. Simply put, there a thing called totality of the circumstances, so unless you're riding around in my pocket aware of everything that I've been told, observed, and investigated with regards to a particular incident, you're NOT going to understand fully what I can and can't do at that moment in time.

Very well put Smurfette

[djack16]

I'm sure many of you have advised someone that they will have a day in court which is where they are supposed to argue their rights, not the side of the road? How do most people take that advice for you? Do they not accept that and continue arguing or does it sort of defeat them? Not too many people want to sign that ticket even though they know it's not an admission of guilt.

[pulicords]

I'm sure many of you have advised someone that they will have a day in court which is where they are supposed to argue their rights, not the side of the road? How do most people take that advice for you? Do they not accept that and continue arguing or does it sort of defeat them? Not too many people want to sign that ticket even though they know it's not an admission of guilt.

It's how it's sold. I've had one refusal to sign in 30+ years in LE. Since promoting to sergeant almost five years ago, I regularly respond to scenes where officers have refusals and that one incident occurred during one of those calls. The violator was one of these "anti-government" types who refused to register her car. Usually, I tell the suspects that people have different perceptions and although I (or the officer writing the cite) believed the violation occurred, he/she obviously doesn't. If they feel strongly enough, I strongly suggest that they go to court and tell their side of the story to the commissioner. They usually just say "the @#$% with it!" and sign. I write two or more cites per shift (when I'm in the field) and go to court rarely.

[Smurfette_76]

"Ma'am, I understand your frustration with this issue and would like to remind you that you are innocent until PROVEN guilty. If you feel that strongly about this issue, then I will be in the court on the day that I've circled at the top of your citiation. However, in order to prove that I haven't wrongly cited someone else for this violation, then I need to you sign beside the date. This is not an admission on guilt, merely you stating that you agree to uphold your end and either pay this ticket off or appear in court on the assigned date. Now, refusal to sign ma'am means that I will take you in front of a magistrate who will then determine your release. No ma'am that IS a choice. Ma'am, I'm sorry you don't like those choices, but that's what they are."

It never fails to tickle me that people think they have no "choice" in many scenarios. They HAVE a choice...they don't like their options...but they DO have a choice.

[irishdep]

I love the people who think they know the law. It always makes it better when you prove them wrong, especially when they're being jerks. The jail house lawyers are also a fun bunch. You have a group of guys that didn't finish high school but somehow have a law degree .

[Margaret Hood]

I've run into many a citizen that thinks they know their rights, but in 8+ years, I've never confronted one, not even the lawyer that I dealt with, that fully understood the issue. Simply put, there a thing called totality of the circumstances, so unless you're riding around in my pocket aware of everything that I've been told, observed, and investigated with regards to a particular incident, you're NOT going to understand fully what I can and can't do at that moment in time.

Great answer! But, then that all depends....so little time' gotta run, AIRFORCE 1'S WAITIN'

[Irishluck31]

Hummmm, thats interesting.