This is why no one likes cops...

Peanuto · 05-07-2010, 07:29 PM

Quote:

Originally Posted by addy85

Being questioned on the side of the road is not considered "custody" its considered being detained so again miranda rights don't apply.

Again police have the right to read your miranda rights at any time while your in custody.

As far has peanuts case goes he probably signed off on his miranda rights without knowing it.

I am from a family of lawyers, and though I was over the legal limit, I was by no means drunk. I know a good bit about law. I signed off on nothing. Agreed to nothing. I was questioned at the station, not on the curb. I stayed mum, and said I would only speak with my lawyer present. Ended up with probation before judgment. Also I asked to be read my rights and he refused, saying I wasn't arrested.

StockE90 · 05-07-2010, 07:32 PM

Quote:

Originally Posted by xbook

Just tryin' to troll with the same thoughts that were expressed by the majority in the taser thread.

So cops are ok to use force against a drunk 17 year old, but not a dog that is attacking them.

Yeah, I can understand that line of thinking.

I read that the dog was being aggressive, but didn't attack until after the first shots were fired. In any case, the whole thing could have gone down a lot better. Kinda scary that anyone in Columbia, MO could call in an anonymous tip on a neighbor they don't like, and this could be the result.

addy85 · 05-07-2010, 07:32 PM

Quote:

Originally Posted by ktdw

If you are arrested, you are in formal custody. Just saying...

Whatever you say bud

Kroy · 05-07-2010, 07:34 PM

Quote:

Originally Posted by xbook

Just tryin' to troll with the same thoughts that were expressed by the majority in the taser thread.

So cops are ok to use force against a drunk 17 year old, but not a dog that is attacking them.

Yeah, I can understand that line of thinking.

I think most people here just think the punishment didn't fit the crime. The 17 year old kid made a bad judgement call and provoked a situation. I guess you can technically say the same about the dog owners creating the situation by having narcotics in their home, but I don't believe they could have predicted SWAT raiding their house over a gram of weed. that's just :bs:

Didn't they also say the dog was supposedly confied to the kitchen? Seemed to me like the family did their due dilligence, but it just wasn't enough. The dog? He was just doing his job and follow his instincts to protect his family. Both commendable and sad.

On a side note, I wonder if police found any weapons in the house.

addy85 · 05-07-2010, 07:35 PM

Quote:

Originally Posted by Peanuto

I am from a family of lawyers, and though I was over the legal limit, I was by no means drunk. I know a good bit about law. I signed off on nothing. Agreed to nothing. I was questioned at the station, not on the curb. I stayed mum, and said I would only speak with my lawyer present. Ended up with probation before judgment. Also I asked to be read my rights and he refused, saying I wasn't arrested.

Then you were detained but not under formal custody.

What was the end result of your case.

Peanuto · 05-07-2010, 07:37 PM

Quote:

Originally Posted by addy85

Then you were detained but not under formal custody.

What was the end result of your case.

PBJ

If I am in handcuffs in a room being questioned how am I not in formal custody? Are you a lawyer or in law enforcement?

Kroy · 05-07-2010, 07:42 PM

Quote:

Originally Posted by Peanuto

PBJ

If I am in handcuffs in a room being questioned how am I not in formal custody? Are you a lawyer or in law enforcement?

I don't get it either. If they keep saying you're not under arrest can't you walk out and force them to arrest you or let you go? I mean, if you should technically be free, right?

Peanuto · 05-07-2010, 07:43 PM

My lawyer is well known around here. He said unfortunately nothing could be proven, best we could do was try. We tried, cops word stood up mine didn't.

JayKay335i · 05-07-2010, 07:45 PM

I like cops. I'm a model citizen.

addy85 · 05-07-2010, 07:46 PM

Quote:

Originally Posted by Peanuto

PBJ

If I am in handcuffs in a room being questioned how am I not in formal custody? Are you a lawyer or in law enforcement?

Future law enforcement.

Because an arrest is defined as you being booked and processed and being set a bond. There are exceptions to the bond but that's a different chapter. You were being detained although you were being questioned etc.

What were the results of your arrest?

Peanuto · 05-07-2010, 07:51 PM

I have said it 2 times. PBJ. Probation Before Judgment.

ktdw · 05-07-2010, 07:56 PM

Quote:

Originally Posted by addy85

Future law enforcement.

Because an arrest is defined as you being booked and processed and being set a bond. There are exceptions to the bond but that's a different chapter. You were being detained although you were being questioned etc.

What were the results of your arrest?

That's not the definition of arrest, sorry. That may be what "law enforcement" is telling you, but that's not how the courts see it. I'm not going to dig up my crim law books, but maybe someone else here will.

Peanuto · 05-07-2010, 08:17 PM

Quote:

Originally Posted by ktdw

That's not the definition of arrest, sorry. That may be what "law enforcement" is telling you, but that's not how the courts see it. I'm not going to dig up my crim law books, but maybe someone else here will.

He can't be that far ahead if he doesn't know what a PBJ is. Was this the swat team guy? Who was looking for SWAT training.

addy85 · 05-07-2010, 08:26 PM

Quote:

Originally Posted by Peanuto

I have said it 2 times. PBJ. Probation Before Judgment.

You should be happy then.

That's much better then a misdemeanor on your record for 10 years and a license suspension. You said it yourself, you were over the limit so I'd be thankful if I was you.

addy85 · 05-07-2010, 08:34 PM

Quote:

Originally Posted by Peanuto

He can't be that far ahead if he doesn't know what a PBJ is. Was this the swat team guy? Who was looking for SWAT training.

Youre dumb. I over read your little notation. To bad you got leniency from the officer because you didn't deserve it.

Peanuto · 05-07-2010, 08:39 PM

Quote:

Originally Posted by addy85

Youre dumb. I over read your little notation. To bad you got leniency from the officer because you didn't deserve it.

Officer gave me no leniency, officer was a dick. Despite me being complaint and yes officer no officer and nothing but polite. I answered your question multiple times yet you still asked. I assumed you didn't know what a PBJ was considering it took 3 times for you to grasp it. Nowhere did I say "I didn't do anything wrong" or "I was just barely over legal limit so it was bullshit". I admitted what I did was wrong. No need for you to be a dick. You are speaking as if you are a professional in such matters, which you clearly are not. The only person in this thread who does is the lawyer who agrees with me.

CollinsE90 · 05-07-2010, 08:45 PM

Quote:

Originally Posted by Peanuto

Officer gave me no leniency, officer was a dick. Despite me being complaint and yes officer no officer and nothing but polite. I answered your question multiple times yet you still asked. I assumed you didn't know what a PBJ was considering it took 3 times for you to grasp it. Nowhere did I say "I didn't do anything wrong" or "I was just barely over legal limit so it was bullshit". I admitted what I did was wrong. No need for you to be a dick. You are speaking as if you are a professional in such matters, which you clearly are not. The only person in this thread who does is the lawyer who agrees with me.

i totally agree with you, im no lawyer but i know a little from experience haha...you were wrong but the cop was a complete dick to say you "werent" arrested and then lie on the stand etc...

addy85 · 05-07-2010, 08:54 PM

Quote:

Originally Posted by Peanuto

Officer gave me no leniency, officer was a dick. Despite me being complaint and yes officer no officer and nothing but polite. I answered your question multiple times yet you still asked. I assumed you didn't know what a PBJ was considering it took 3 times for you to grasp it. Nowhere did I say "I didn't do anything wrong" or "I was just barely over legal limit so it was bullshit". I admitted what I did was wrong. No need for you to be a dick. You are speaking as if you are a professional in such matters, which you clearly are not. The only person in this thread who does is the lawyer who agrees with me.

The only dick in this thread is you. You got a lesser punishment then you deserved and you're complaining like a bitch.

addy85 · 05-07-2010, 08:55 PM

Quote:

Originally Posted by CollinsE90

i totally agree with you, im no lawyer but i know a little from experience haha...you were wrong but the cop was a complete dick to say you "werent" arrested and then lie on the stand etc...

Oh lawd. You're so fucking annoying.

Peanuto · 05-07-2010, 08:56 PM

Quote:

Originally Posted by addy85

The only dick in this thread is you. You got a lesser punishment then you deserved and you're complaining like a bitch.

Apparently you do not no how to read. I wish I was treated within my rights. I was not. I have no problem with my punishment. Future in law enforcement will suit you well with those rage issues.

CollinsE90 · 05-07-2010, 08:57 PM

Quote:

Originally Posted by addy85

Oh lawd. You're so fucking annoying.

thanks

Peanuto · 05-07-2010, 08:57 PM

If anyone shot my dog though as in the video, they would have a problem.

05-07-2010, 07:43 PM	#52
Peanuto Private First Class 66 Rep 122 Posts Drives: E92 335i Lemans Blue M-sport Join Date: Jun 2009 Location: Maryland iTrader: (0)	My lawyer is well known around here. He said unfortunately nothing could be proven, best we could do was try. We tried, cops word stood up mine didn't.
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05-07-2010, 07:45 PM	#53
JayKay335i Banned 198 Rep 5,046 Posts Drives: ///M323 DCT Join Date: Apr 2009 Location: North Dakota; its best DUHHHHHH iTrader: (1)	I like cops. I'm a model citizen.
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05-07-2010, 07:51 PM	#55
Peanuto Private First Class 66 Rep 122 Posts Drives: E92 335i Lemans Blue M-sport Join Date: Jun 2009 Location: Maryland iTrader: (0)	I have said it 2 times. PBJ. Probation Before Judgment.
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05-07-2010, 08:57 PM	#66
Peanuto Private First Class 66 Rep 122 Posts Drives: E92 335i Lemans Blue M-sport Join Date: Jun 2009 Location: Maryland iTrader: (0)	If anyone shot my dog though as in the video, they would have a problem.
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