|
Tuesday, March 24, 2009
Our Justice System Hard At Work
This is coming from the lobby of the Red Lion Hotel in Denver, Colorado. I am attending a Jail Administration class this week.
When Jail Commanders and Instructors get together, there is alot of information sharing. Here's some of what I have learned:
- A correctional officer sued his employer for contracting MRSA while at work and then infecting his wife and children. The federal court dropped the officer's claim, saying exposure to the infection is a risk assumed by the officer when he took the job. Makes sense. OK, but this part of the decision I'm having a tough time finding the "sense"...the portion of the suit that involved the wife and children being infected BY THE OFFICER was allowed to proceed. Huh?!?
- If an inmate comes into the jail with a hearing aid, the taxpayers have to pay for batteries to keep the thing operable. Or, replace it...
- One jail had a woman who had seven, yes seven, babies whose births were paid for by the taxpayers. She would wait until her last trimester then do something to get arrested. She would then have the baby while in jail. Yes, fellow taxpayers, we foot the bill for things like that.
Hearing things like this frustrates me to my core. I like to think, however, that stories like these are not the norm. There's something that needs to be remembered. The rights of the individual citizens of our great country are of utmost importance, and guaranteed. In order to maintain the rights of the good, honest, hard working people that are productive members of society, some things are bound to fall through the cracks. We're not perfect. But, we still live in the greatest nation on earth.
What not to say to a police officer: "Hey, you must've been doin' about 125 mph to keep up with me. Good job"!
Let's be careful out there.
SMLabels: Sweet Man's Cop Talk
Friday, February 13, 2009
Probable Cause
 Probable cause is the standard used by police officers when deciding to arrest a person. Probable cause is defined as "A necessary element of a legitimate arrest or legal search and seizure; a reasonable ground to believe that someone is committing or has committed an offense". When determining if probable cause exists for an arrest, the courts use the "reasonable man" approach. Basically, would a man of reasonable caution, with the information available at the time, believe that a crime or offense was being or had been committed. Probable cause is unique in each instance. It's the known facts at the time, under the circumstances surrounding the offense.
A hypothetical example: An officer is dispatched to a house regarding a burglary in progress. Upon arrival, he sees a broken window. A guy wearing a ski mask is climbing out of the window carrying a crow bar in one hand and a stereo in the other. The owner of the house is pointing at the guy saying "He's stealing my stereo". There's probably enough probable cause to arrest the guy. However, say the officer is dispatched to the burglary and is also told that a stereo had been stolen. While driving to the house, he sees a man walking down the street in close proximity to the house and carrying a stereo in his hands. Is there enough probable cause to make an arrest? Probably not. The officer would certainly be correct and within constitutional standards in detaining the individual for a reasonable time, while trying to gain more information, but probably would not have enough information to make an immediate arrest. However, probable cause can be developed. Does the man match the description of the perpetrator, can the owner identify the stereo the man is carrying, does he have cuts on his skin (climbing out of the window), does the pattern on the soles of his shoes match shoe prints at the scene, etc.
Probable cause is a Fourth Amendment to the U.S. Constitution issue: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures (an arrest is considered a "seizure"), shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized".
The Fourth Amendment is contained in the "Bill of Rights" which was ratified on December 15, 1791. Its an old but good standard. Our forefathers had their act together.
BTW, My brother got the cartoon from a local newspaper. I presume the officer has probable cause...
Things not to say to a police officer: "Aren't you the guy from the Village People"?
Let's be careful out there.
SMLabels: Sweet Man's Cop Talk
Wednesday, January 28, 2009
Felony, Misdemeanor, Infraction (Only the start of a convoluted set of laws)
You see the title of the blog. These are the categories of local law. The categories contain the convoluted mess of laws that police officers enforce.
A short explanation of the categories:
Felony - Everyone probably knows that felonies are the more serious crimes. They usually encompass crimes against the person that are either violent or potentially violent. The offenses can range from drunk driving (Yes, that's right!), battery (When one person strikes another)that involves serious injury, robbery, burglary, reckless homicide, causing permanent disfigurement by hitting someone with your stiletto, etc. Murder is not a felony. It is it's own category.
Misdemeanor - These are geared more toward crimes against property and society at large. Criminal mischief (vandalism), shoplifting, leaving the scene of an accident, etc. Less serious battery and drunk driving offenses, reckless driving, public intoxication, etc. also fall in this category. Mae West once said, "I consider sex a misdemeanor - the more I miss, de meaner I get". I've never seen anyone get arrested for this...
Infractions - These are your traffic tickets. Some alcohol offenses committed by underaged drinkers are also infractions.
I haven't even touched the surface. I'll explain more in future blogs. You will find out that the system of laws is very complicated. Even attorneys with huge law libraries and paralegals to do research have difficulty keeping up.
Among the things not to say to a police officer: "I can't reach my license unless you hold my beer". :-)
Let's be careful out there.
SMLabels: Sweet Man's Cop Talk
Friday, January 9, 2009
Sweet Man's Police Stuff (D. D.'s title not mine)
Blogging is a pain sometimes. I am not real wordy and it is hard to consistently write on various subjects. Who really cares what I think anyway? "So", I said to myself, "Why not concentrate on a subject that is not opinion based and is more informational in nature". Hmmm...Law Enforcement would be good. I should know SOMETHING of value after 26 years in the field. It is my hope that WIPS (Yes. I know what that means. Pretty good, huh?), writers, authors or anyone reading this blog can benefit from the information I will pass along. I don't know everything, but there are enough resources and contacts made over the years that an answer should be available for you.
Unfortunately for you, I'll still insert an occasional editorial on how messed up I think society, and the world at large are, but it will be my goal to educate. Keep in mind that every police officer has an opinion, and it IS the most important opinion in the world. :-) I'll talk about police procedure, evidence handling, the egos and attitudes of law enforcement officers (What?!?), etc. Anything that applies to law enforcement. A little about me. I have been with the Sheriff's Department for almost 26 years. I started as a jail officer, working in that capacity for two years. Moving up through the ranks, I have been a road patrol officer, a patrol shift sergeant and a patrol shift commander, after being promoted to my current rank of Captain. My current assignment is that of jail commander.
My credentials include certifications in: traffic accident reconstruction specialist, chemical breath test operator, the use of pepper spray, the use of a TASER (Oh, yeah! I haven't used the thing, though...), CPR and first aid. I was formerly a member of the department's SCUBA team.
I am president of the County Animal Shelter Advisory Board and vice-president of the Community Corrections Advisory Board.
I have served on the department's shooting review board, wage committee and helped write a K-9 policy and procedure. I have been blessed with a commendation for saving the life of a jail inmate and two "officer of the year" awards.
In my next blog, I will begin to pass on information. Please let me hear from you. What kind of things would you like to know? Talk to me about your experiences with law enforcement.
No, I do not take care of traffic tickets. :-)
Later,
SMLabels: Sweet Man's Cop Talk
|
