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Old 11-01-2013, 10:09 PM
 
1,027 posts, read 1,499,299 times
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Quote:
Originally Posted by TexasRedneck View Post
But...if all one did was witness a man having *A* drink, is that probable cause in and of itself?
If you witness a man have "a" drink that doesn't give you a reason for a stop. That is true.

My point was, if another Officer sees something that he could act on, you, as an Officer may act on it as if you had seen it yourself, (in most cases)

This happens rather often. If Officer X sees you commit a misdemeanor, it is how Officer Y, who did not see it can arrest you. "Hey Y, this is X, the guy in the red shirt did it..."
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Old 11-01-2013, 10:15 PM
 
Location: New Braunfels, TX
7,130 posts, read 11,827,375 times
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Gotcha - wanted to be sure my thoughts were clear on that.
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Old 11-02-2013, 02:05 PM
 
Location: San Antonio, TX
8,399 posts, read 22,979,962 times
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Quote:
Originally Posted by TexasRedneck View Post
Soviet gets "jumped" because his constant insistence of ignoring traffic laws.......unless he wants them enforced.
Bingo! We have a winner!
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Old 11-02-2013, 02:59 PM
 
Location: San Antonio
2,817 posts, read 3,459,775 times
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Quote:
Originally Posted by TexasRedneck View Post
At that point, no crime has yet occurred - the driver may or may not be impaired. He'd still have to observe his driving to make the stop a "good" one.
I always thought that if the key is in the ignition, it was enough. That is what I would hear people tell others that drink. " if you are gonna sleep in your car drunk, don't turn on the radio. Just sleep in the back." Thanks for the clarification. Maybe that is the law in another state.
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Old 11-02-2013, 05:18 PM
 
1,027 posts, read 1,499,299 times
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Quote:
Originally Posted by Torpedos View Post
I always thought that if the key is in the ignition, it was enough. That is what I would hear people tell others that drink. " if you are gonna sleep in your car drunk, don't turn on the radio. Just sleep in the back." Thanks for the clarification. Maybe that is the law in another state.
All of that stuff is not really applicable. "In the ingition..." "Sleep in the back..." "Dont turn on the radio...."

I have never understood why people (and I am not picking on you) go on and on about "do it this way...do it that way...I heard...you cant do that..." When there is a big book of rules with the answers in it.

Cops take people to jail every day who are shocked to find out all the things they have heard are simply not true.

For example, here is the Texas code.


Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

There you go. Now the question is "what is operating?" in general, we have to look at this in terms of the "reasonable man" standard. If you are passed out drunk in a car in a public place are you operating it? Yes, you could be. You still represent a danger to yourself and/or others.

It also needs to be pointed out, as always, the Police DO NOT have to be right. They have to, under oath, and penalty of losing their honor, job, pension and freedom, be able to articulate why they took the action they did. The cops make choices, the courts do quality control on that work.
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Old 11-02-2013, 10:06 PM
 
7,005 posts, read 12,471,290 times
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Quote:
Originally Posted by MattTx View Post
I didn't think you were. I am not saying it is wrong to support law enforcement. Some people take it far enough to be "fan boys".
Don't let yourself get worked up over it. Oftentimes, things warrant correction on forums, but some people have made it a hobby to find something to correct in almost every LE-related thread even though that thing didn't warrant correction. The funniest moment for me was when I gave a detailed explanation of how a particular law enforcement agency operates in certain situations. A police officer or reserve police officer on this forum insisted that no law enforcement agency in this area operated that way as if he worked for all of them. What he didn't know is that I actually worked for that agency and was explaining the job I did. It was ultimate hilarity for me to see this person who has never done that job, at least not at that agency, tell me inadvertently and incorrectly how I did my job. Just let him assume that he's always right and is the only one knowledgeable on this forum on all things law enforcement.
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Old 11-04-2013, 09:51 AM
 
6,705 posts, read 8,771,270 times
Reputation: 4861
Quote:
Originally Posted by L210 View Post
Don't let yourself get worked up over it. Oftentimes, things warrant correction on forums, but some people have made it a hobby to find something to correct in almost every LE-related thread even though that thing didn't warrant correction. The funniest moment for me was when I gave a detailed explanation of how a particular law enforcement agency operates in certain situations. A police officer or reserve police officer on this forum insisted that no law enforcement agency in this area operated that way as if he worked for all of them. What he didn't know is that I actually worked for that agency and was explaining the job I did. It was ultimate hilarity for me to see this person who has never done that job, at least not at that agency, tell me inadvertently and incorrectly how I did my job. Just let him assume that he's always right and is the only one knowledgeable on this forum on all things law enforcement.

Thanks. I will try to look past any future posts bashing soviet. I find it strange the thread went quiet after you posted too.
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Old 11-08-2013, 12:24 PM
 
733 posts, read 1,046,900 times
Reputation: 410
Quote:
Originally Posted by Neshomamench View Post
Citizens arrests do not work like most people think they do. You may only make a citizens arrest for a felony that you see,
what security company do you work for?
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Old 11-08-2013, 02:34 PM
 
1,027 posts, read 1,499,299 times
Reputation: 1080
Quote:
Originally Posted by KM1174 View Post
what security company do you work for?
None.
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