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   Sorry for keeping you in jail for a year while we get ready to prosecute your case. Seems like the evidence points to someone else. Our bad

08 Dec 2012 07:49 PM   |   11502 clicks   |   Austin Statesman
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simplicimus     
I read the headline and knew it was Austin. It took them over 3 1/2 years to jail my stepson after he gave a full confession when he was arrested.

08 Dec 2012 05:11 PM
Toshiro Mifune's Letter Opener     
Thank you, Mario!

But our suspect is in another castle!

08 Dec 2012 05:53 PM
Weaver95    [TotalFark]  
"During the course of preparing for trial, the prosecutor determined that there was additional physical evidence that should be tested," said Williamson County Attorney John Bradley.

...and what? you figured 'hey, he's probably guilty anyways so if we get to it then great, if not i'll still get a conviction anyway'?

you just bought that guy a nice house...and put his grandkids through college.

08 Dec 2012 06:04 PM
This About That    [TotalFark]  

Weaver95: you just bought that guy a nice house...and put his grandkids through college.


Here's hoping it is so. The only way to make bureaucracies give a damn is to take money from them.

08 Dec 2012 06:14 PM
Marcus Aurelius    [TotalFark]  
There are these things called "lawyers" that are expensive, but are much more effective if you don't open your big yap in front of the po po and give them a nice big sucker all hooked and ready to go.

08 Dec 2012 06:30 PM
Weaver95    [TotalFark]  

Marcus Aurelius: There are these things called "lawyers" that are expensive, but are much more effective if you don't open your big yap in front of the po po and give them a nice big sucker all hooked and ready to go.


I've often wondered just how much to blame procedural cop shows for that attitude. think about it - how many times on a cop show (CSI or one of the Law and Order clones) have you seen the show preach the idea that you can (almost always) trust the cops and prosecutors to do the right thing? even if you DO see a 'bad cop' type episode, it's always found out and it's always 'just the one guy gone bad' and everything is cleaned up at the end.

granted, those shows are fantasy...but they DO push the propaganda point that you can trust the cops and that relying on your rights is something 'only bad people do'.

08 Dec 2012 06:38 PM
Marcus Aurelius    [TotalFark]  

Weaver95: Marcus Aurelius: There are these things called "lawyers" that are expensive, but are much more effective if you don't open your big yap in front of the po po and give them a nice big sucker all hooked and ready to go.

I've often wondered just how much to blame procedural cop shows for that attitude. think about it - how many times on a cop show (CSI or one of the Law and Order clones) have you seen the show preach the idea that you can (almost always) trust the cops and prosecutors to do the right thing? even if you DO see a 'bad cop' type episode, it's always found out and it's always 'just the one guy gone bad' and everything is cleaned up at the end.

granted, those shows are fantasy...but they DO push the propaganda point that you can trust the cops and that relying on your rights is something 'only bad people do'.


What kills me is the idea that you open your mouth without your lawyer present. Of course, if they did that on TV, it wouldn't make for much of a show. "The Closer" wouldn't have gone past pilot.

"Sorry Brenda, they all lawyered up!"

08 Dec 2012 06:41 PM
Weaver95    [TotalFark]  

Marcus Aurelius:

What kills me is the idea that you open your mouth without your lawyer present. Of course, if they did that on TV, it wouldn't make for much of a show. "The Closer" wouldn't have gone past pilot.

"Sorry Brenda, they all lawyered up!"


I tell all my friends - I don't care HOW innocent you are, STFU and get a lawyer. DO NOT talk to the cops without a lawyer present. it is never in your best interest.

08 Dec 2012 06:43 PM
Because People in power are Stupid    [TotalFark]  
images.texas.ynn.comView Full Size

Area Man on Right: "Just don't go around being black in this state again."

08 Dec 2012 06:56 PM
GAT_00     

Marcus Aurelius: There are these things called "lawyers" that are expensive, but are much more effective if you don't open your big yap in front of the po po and give them a nice big sucker all hooked and ready to go.


It ought to be taught in schools: "Do not say anything to the police. They are not your friends. They will not help you. Anything you say will be used against you whether you broke the law or not."

08 Dec 2012 07:26 PM
dickfreckle     

Weaver95: I tell all my friends - I don't care HOW innocent you are, STFU and get a lawyer. DO NOT talk to the cops without a lawyer present. it is never in your best interest.


Sage advice. If I'm grilled for a crime I know I didn't commit, I'm still not saying sh*t except for "thank you" if they get me a soft drink. I don't care how guilty it makes me look. Talking to the cops is NEVER, EVER, EVER a good idea if you are the one being grilled.

Even when you're innocent, they'll find a way to twist your statements. Plenty (but certainly not all) cops are more concerned with clearance than justice. Your rights are more important than not wanting to frustrate some police officers who couldn't give two sh*ts about you in the first place. I don't care what they say to you or threaten you with - keep your whore mouth shut. That way it can't possibly get any worse. Yes, you might want to loudly protest your innocence, but don't. Clamming up is the only weapon you have against a system that sometimes railroads people for the sheer f*ck of it.

08 Dec 2012 07:47 PM
Weaver95    [TotalFark]  

dickfreckle: Weaver95: I tell all my friends - I don't care HOW innocent you are, STFU and get a lawyer. DO NOT talk to the cops without a lawyer present. it is never in your best interest.

Sage advice. If I'm grilled for a crime I know I didn't commit, I'm still not saying sh*t except for "thank you" if they get me a soft drink. I don't care how guilty it makes me look. Talking to the cops is NEVER, EVER, EVER a good idea if you are the one being grilled.

Even when you're innocent, they'll find a way to twist your statements. Plenty (but certainly not all) cops are more concerned with clearance than justice. Your rights are more important than not wanting to frustrate some police officers who couldn't give two sh*ts about you in the first place. I don't care what they say to you or threaten you with - keep your whore mouth shut. That way it can't possibly get any worse. Yes, you might want to loudly protest your innocence, but don't. Clamming up is the only weapon you have against a system that sometimes railroads people for the sheer f*ck of it.


actually, the only thing you should say to the cops is 'am I under arrest?' and 'I want a lawyer'. if they say you aren't under arrest...leave and get lawyer. if they arrest you, STFU and say 'I want a lawyer'. keep repeating that any time the cops ask you a question. oh - and it should go without saying but...STFU while in custody. don't talk about your situation with fellow inmates.

08 Dec 2012 07:50 PM
Pichu0102     

dickfreckle: Weaver95: I tell all my friends - I don't care HOW innocent you are, STFU and get a lawyer. DO NOT talk to the cops without a lawyer present. it is never in your best interest.

Sage advice. If I'm grilled for a crime I know I didn't commit, I'm still not saying sh*t except for "thank you" if they get me a soft drink. I don't care how guilty it makes me look. Talking to the cops is NEVER, EVER, EVER a good idea if you are the one being grilled.

Even when you're innocent, they'll find a way to twist your statements. Plenty (but certainly not all) cops are more concerned with clearance than justice. Your rights are more important than not wanting to frustrate some police officers who couldn't give two sh*ts about you in the first place. I don't care what they say to you or threaten you with - keep your whore mouth shut. That way it can't possibly get any worse. Yes, you might want to loudly protest your innocence, but don't. Clamming up is the only weapon you have against a system that sometimes railroads people for the sheer f*ck of it.


I'd honestly be suspicious of anything they'd give me. There's no way to know what they did to it.

08 Dec 2012 07:53 PM
Smackledorfer     

Weaver95: Marcus Aurelius: There are these things called "lawyers" that are expensive, but are much more effective if you don't open your big yap in front of the po po and give them a nice big sucker all hooked and ready to go.

I've often wondered just how much to blame procedural cop shows for that attitude. think about it - how many times on a cop show (CSI or one of the Law and Order clones) have you seen the show preach the idea that you can (almost always) trust the cops and prosecutors to do the right thing? even if you DO see a 'bad cop' type episode, it's always found out and it's always 'just the one guy gone bad' and everything is cleaned up at the end.

granted, those shows are fantasy...but they DO push the propaganda point that you can trust the cops and that relying on your rights is something 'only bad people do'.


What what what? Cops lie to dig out information all the time on tv , and plenty involve bad or wrong cops.

Maybe I get a very different sampling of L&O reruns than you.

08 Dec 2012 07:54 PM
TheDirtyNacho     

simplicimus: I read the headline and knew it was Austin. It took them over 3 1/2 years to jail my stepson after he gave a full confession when he was arrested.



Not Austin, it's Williamson County. A terrible place to get arrested in.

They sent an innocent man to jail for 25 years, due to incompetent police work and maniacal prosecution.

Then, when DNA evidence was highly likely to show he didn't do it, fought tooth and nail against having said evidence tested because it would for no better reason, in their words, "muddy the waters". Justice be damned.

The DA at the time, now a sitting judge, will likely be disbarred and faces charges and inquiries typically reserved for highly corrupt public officials.

08 Dec 2012 07:59 PM
Jim_Callahan    [TotalFark]  
The person saying the evidence points to someone else is the defense attourney, not the state.

The state is saying that some of the evidence hasn't been processed yet and it's unreasonable to hold him any longer while waiting on the lab, even though he is still the primary suspect.

Basically, dude should still watch his back around the cops and generally keep his nose clean, even though he's not currently formally charged anymore.

08 Dec 2012 08:02 PM
TheLopper     
I hate rent-a-cops too.

08 Dec 2012 08:04 PM
TheSwizz     
Any Fark U. lawyers able to comment as to when the sixth amendment kicks in?

08 Dec 2012 08:06 PM
NativeDaughter     
You should never, ever, EVER talk to a cop without a lawyer present. Name, address, DOB. Then it's lawyer time. Remain calm and respectful, but keep your yap shut. It's less about cops "twisting what you say" and more that everything you DO say is going to be recorded, written down, and scrutinized at some point. They are trained to weedle out information and to look for inconsistencies. Keep in mind that cops are lied to ALL THE TIME and after a while, they start to believe that everyone is a liar and everything being said is a lie.

Lawyer up. Unless you were caught doing something incredibly suspicious, a cop isn't going to think you're "acting guilty" by refusing to chat without a lawyer present. They'll think you're smart. And even if you're caught red-farking-handed, lawyer up. Protect your dumbass self.

And yes, cop procedurals have totally skewed the way the public thinks about law enforcement. They're incredibly unrealistic and don't represent "the job" in any way that even vaguely mimics reality. "The Wire" (kinda sorta) and "The First 48" are a couple of exceptions to that rule, but "CSI" and their ilk are farking dumb.

/was a police
//really misses being a police :(

08 Dec 2012 08:07 PM
Smackledorfer     

TheDirtyNacho: simplicimus: I read the headline and knew it was Austin. It took them over 3 1/2 years to jail my stepson after he gave a full confession when he was arrested.


Not Austin, it's Williamson County. A terrible place to get arrested in.

They sent an innocent man to jail for 25 years, due to incompetent police work and maniacal prosecution.

Then, when DNA evidence was highly likely to show he didn't do it, fought tooth and nail against having said evidence tested because it would for no better reason, in their words, "muddy the waters". Justice be damned.

The DA at the time, now a sitting judge, will likely be disbarred and faces charges and inquiries typically reserved for highly corrupt public officials.


All the cop hate, often justified, yet I have always blamed prosecutors, judges, and voters more.

08 Dec 2012 08:08 PM
Popcorn Johnny     
I can't even begin to imagine the mental torture of sitting in a jail cell for an extended period of time accused of a crime you know you didn't commit.

08 Dec 2012 08:12 PM
fusillade762    [TotalFark]  
That doesn't seem fairs.

08 Dec 2012 08:13 PM
BafflerMeal     

TheDirtyNacho: simplicimus: I read the headline and knew it was Austin. It took them over 3 1/2 years to jail my stepson after he gave a full confession when he was arrested.


Not Austin, it's Williamson County. A terrible place to get arrested in.

They sent an innocent man to jail for 25 years, due to incompetent police work and maniacal prosecution.

Then, when DNA evidence was highly likely to show he didn't do it, fought tooth and nail against having said evidence tested because it would for no better reason, in their words, "muddy the waters". Justice be damned.

The DA at the time, now a sitting judge, will likely be disbarred and faces charges and inquiries typically reserved for highly corrupt public officials.


Bought a house there when i moved from cali. Put it on the market to sell at a loss and leave in less than a year. That debt was worth every day i got out of that place early.

08 Dec 2012 08:15 PM
Methadone Girls    [TotalFark]  
i.imgur.comView Full Size


the whole thing

08 Dec 2012 08:18 PM
AbbeySomeone     

Pichu0102: dickfreckle: Weaver95: I tell all my friends - I don't care HOW innocent you are, STFU and get a lawyer. DO NOT talk to the cops without a lawyer present. it is never in your best interest.

Sage advice. If I'm grilled for a crime I know I didn't commit, I'm still not saying sh*t except for "thank you" if they get me a soft drink. I don't care how guilty it makes me look. Talking to the cops is NEVER, EVER, EVER a good idea if you are the one being grilled.

Even when you're innocent, they'll find a way to twist your statements. Plenty (but certainly not all) cops are more concerned with clearance than justice. Your rights are more important than not wanting to frustrate some police officers who couldn't give two sh*ts about you in the first place. I don't care what they say to you or threaten you with - keep your whore mouth shut. That way it can't possibly get any worse. Yes, you might want to loudly protest your innocence, but don't. Clamming up is the only weapon you have against a system that sometimes railroads people for the sheer f*ck of it.

I'd honestly be suspicious of anything they'd give me. There's no way to know what they did to it.


They can also take and use DNA samples from anything you touch, or claim to do so if that suits them.
Sue every one of these racist motherf*ckers and keep going until they are bankrupt and all gone.
At present there is no culpability for 'people in positions of authority' that lie, misuse or disregard evidence or testimony. They can do whatever they want and if they were held responsible for their actions it would be a whole different story.
Let's make it happen. These kinds of stories fill me with rage as they should do to all of us.

08 Dec 2012 08:23 PM
zamboni    [TotalFark]  
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.


Ahhh.... fark it. It's just the sixth suggestion. Besides... he's a black guy. If he didn't do this he's probably guilty of something else. Leave him in there until the good guys figger out what it is. Amarite?

08 Dec 2012 08:24 PM
HBK     

Weaver95: I've often wondered just how much to blame procedural cop shows for that attitude. think about it - how many times on a cop show (CSI or one of the Law and Order clones) have you seen the show preach the idea that you can (almost always) trust the cops and prosecutors to do the right thing? even if you DO see a 'bad cop' type episode, it's always found out and it's always 'just the one guy gone bad' and everything is cleaned up at the end.

granted, those shows are fantasy...but they DO push the propaganda point that you can trust the cops and that relying on your rights is something 'only bad people do'.



You've obviously never seen The First 48, where they get confessions all day long by manipulation and lying to the defendants. It's the end of almost every episode.

08 Dec 2012 08:24 PM
Loaded Six String     

NativeDaughter: You should never, ever, EVER talk to a cop without a lawyer present. Name, address, DOB. Then it's lawyer time. Remain calm and respectful, but keep your yap shut. It's less about cops "twisting what you say" and more that everything you DO say is going to be recorded, written down, and scrutinized at some point. They are trained to weedle out information and to look for inconsistencies. Keep in mind that cops are lied to ALL THE TIME and after a while, they start to believe that everyone is a liar and everything being said is a lie.

Lawyer up. Unless you were caught doing something incredibly suspicious, a cop isn't going to think you're "acting guilty" by refusing to chat without a lawyer present. They'll think you're smart. And even if you're caught red-farking-handed, lawyer up. Protect your dumbass self.

And yes, cop procedurals have totally skewed the way the public thinks about law enforcement. They're incredibly unrealistic and don't represent "the job" in any way that even vaguely mimics reality. "The Wire" (kinda sorta) and "The First 48" are a couple of exceptions to that rule, but "CSI" and their ilk are farking dumb.

/was a police
//really misses being a police :(


I would also like to add (where applicable), if you have a legally carried concealed weapon on your person, do not volunteer that you have it in the case of a traffic stop unless the officer asks you if you have any weapons on you. If the officer asks, tell them the truth, where the weapon is on your person or in your vehicle, and how the officer would like to proceed. A startled cop can be a very dangerous cop.

Note that this is a moot point beyond traffic stops for the most part.

08 Dec 2012 08:24 PM
JonnyBongo     
What we could really use is a constitutional amendment to make sure trials are speedy.

08 Dec 2012 08:30 PM
redmid17    [TotalFark]  

Loaded Six String: NativeDaughter: You should never, ever, EVER talk to a cop without a lawyer present. Name, address, DOB. Then it's lawyer time. Remain calm and respectful, but keep your yap shut. It's less about cops "twisting what you say" and more that everything you DO say is going to be recorded, written down, and scrutinized at some point. They are trained to weedle out information and to look for inconsistencies. Keep in mind that cops are lied to ALL THE TIME and after a while, they start to believe that everyone is a liar and everything being said is a lie.

Lawyer up. Unless you were caught doing something incredibly suspicious, a cop isn't going to think you're "acting guilty" by refusing to chat without a lawyer present. They'll think you're smart. And even if you're caught red-farking-handed, lawyer up. Protect your dumbass self.

And yes, cop procedurals have totally skewed the way the public thinks about law enforcement. They're incredibly unrealistic and don't represent "the job" in any way that even vaguely mimics reality. "The Wire" (kinda sorta) and "The First 48" are a couple of exceptions to that rule, but "CSI" and their ilk are farking dumb.

/was a police
//really misses being a police :(

I would also like to add (where applicable), if you have a legally carried concealed weapon on your person, do not volunteer that you have it in the case of a traffic stop unless the officer asks you if you have any weapons on you. If the officer asks, tell them the truth, where the weapon is on your person or in your vehicle, and how the officer would like to proceed. A startled cop can be a very dangerous cop.

Note that this is a moot point beyond traffic stops for the most part.


Some states require that you inform the officer of your concealed weapon. Don't stop in Canton OhioLink

08 Dec 2012 08:35 PM
clyph     

NativeDaughter: //really misses being a police :(


Well, when you're living in a police state, it IS preferable to be the one wearing the jackboot rather than the one licking it.

08 Dec 2012 08:37 PM
zamboni    [TotalFark]  

Loaded Six String: I would also like to add (where applicable), if you have a legally carried concealed weapon on your person, do not volunteer that you have it in the case of a traffic stop unless the officer asks you if you have any weapons on you. If the officer asks, tell them the truth, where the weapon is on your person or in your vehicle, and how the officer would like to proceed. A startled cop can be a very dangerous cop.

Note that this is a moot point beyond traffic stops for the most part.


I've heard that if you have a valid pistol permit it might be best to present that with your license, registration and proof of insurance. A conversation starter... if you will. As you say... police don't need... nor do they deserve surprises.

At the time I lived in a "may issue" state and had to apply and be approved by the county. Never carried it on my person but often did in the car. I traveled all over the place at all hours. Never had to use either... praise the maker.

08 Dec 2012 08:38 PM
clyph     

Loaded Six String: I would also like to add (where applicable), if you have a legally carried concealed weapon on your person, do not volunteer that you have it in the case of a traffic stop unless the officer asks you if you have any weapons on you.


Massad Ayoob recommends that you simply hand over your carry permit along with your license.

Considering he's the foremost expert on the subject, I'll take his advice over yours.

08 Dec 2012 08:40 PM
mittromneysdog     

Weaver95: actually, the only thing you should say to the cops is 'am I under arrest?'


To be clear, the question should be "am I free to go?"

08 Dec 2012 08:40 PM
namegoeshere     
Did I misread TFA (entirely possible) or did they let this guy go a week before his trial because the realized their case was shiat and he had a good chance of beating it, but after the new evidence is tested, they can arrest him again and hold him in jail for another year or so before the next trial? Because you know what would suck more than being jailed for a year without trial?

"In addition, there is additional investigation that is needed. In the interest of justice, she dismissed the case while that testing and investigation takes place because it may take substantial time to complete. When completed, the case will be presented to a grand jury for consideration."

/NAL

08 Dec 2012 08:45 PM
James F. Campbell     

08 Dec 2012 08:46 PM
Smackledorfer     

mittromneysdog: Weaver95: actually, the only thing you should say to the cops is 'am I under arrest?'

To be clear, the question should be "am I free to go?"


Yup

Too many idiots running around with just enough legal knowledge to get themselves in trouble.

Cops don't have to arrest you to detain you for investigative purposes. And, right or wrong, personality matters in a field interview as much as a job interview.

08 Dec 2012 08:47 PM
Dafatone     

Marcus Aurelius: Weaver95: Marcus Aurelius: There are these things called "lawyers" that are expensive, but are much more effective if you don't open your big yap in front of the po po and give them a nice big sucker all hooked and ready to go.

I've often wondered just how much to blame procedural cop shows for that attitude. think about it - how many times on a cop show (CSI or one of the Law and Order clones) have you seen the show preach the idea that you can (almost always) trust the cops and prosecutors to do the right thing? even if you DO see a 'bad cop' type episode, it's always found out and it's always 'just the one guy gone bad' and everything is cleaned up at the end.

granted, those shows are fantasy...but they DO push the propaganda point that you can trust the cops and that relying on your rights is something 'only bad people do'.

What kills me is the idea that you open your mouth without your lawyer present. Of course, if they did that on TV, it wouldn't make for much of a show. "The Closer" wouldn't have gone past pilot.

"Sorry Brenda, they all lawyered up!"


God, The Closer is just the worst in that regard. It's not just a cop show where the cops sometimes coerce confessions; it's a cop show ABOUT coercing confessions.

08 Dec 2012 08:48 PM
NativeDaughter     

Loaded Six String: I would also like to add (where applicable), if you have a legally carried concealed weapon on your person, do not volunteer that you have it in the case of a traffic stop unless the officer asks you if you have any weapons on you. If the officer asks, tell them the truth, where the weapon is on your person or in your vehicle, and how the officer would like to proceed. A startled cop can be a very dangerous cop.

Note that this is a moot point beyond traffic stops for the most part.


I can see from a citizen's point of view why they both legally and morally aren't obligated to announce they have a (licensed) concealed weapon in the vehicle, but as a police officer... I always appreciated being told upfront and as long as the license was presented and checked, I never had a problem with someone who had their weapon in the vehicle. I didn't do a lot of traffic stops (my city/district/sector had enough "real problems" do deal with...) so I honestly can't say if I would have felt the same relief/irritation if I pulled someone over for not using their signal and got into that situation... In my Academy, were were told that in the event we were pulled over to immediately tell the other officer that we had a weapon in the vehicle (a BUG or duty weapon) and to identify ourselves as law enforcement officers.

That situation rarely presented itself to me though. Because of where I worked, almost all weapons found in a vehicle were illegally owned and unlicensed. I was rarely told upfront (for the obvious reasons) and usually found them during a search of the vehicle. Found some scary stuff, and was almost always met with "I don't know how that got there," or "It's not mine," or "You put that in there!" The state I lived in at the time had pretty strict CCW requirements, so very few citizens had them. Most of the time, if someone had a concealed weapon that was properly licensed, they were also in law enforcement.

08 Dec 2012 08:51 PM
robodog     

Loaded Six String: NativeDaughter: You should never, ever, EVER talk to a cop without a lawyer present. Name, address, DOB. Then it's lawyer time. Remain calm and respectful, but keep your yap shut. It's less about cops "twisting what you say" and more that everything you DO say is going to be recorded, written down, and scrutinized at some point. They are trained to weedle out information and to look for inconsistencies. Keep in mind that cops are lied to ALL THE TIME and after a while, they start to believe that everyone is a liar and everything being said is a lie.

Lawyer up. Unless you were caught doing something incredibly suspicious, a cop isn't going to think you're "acting guilty" by refusing to chat without a lawyer present. They'll think you're smart. And even if you're caught red-farking-handed, lawyer up. Protect your dumbass self.

And yes, cop procedurals have totally skewed the way the public thinks about law enforcement. They're incredibly unrealistic and don't represent "the job" in any way that even vaguely mimics reality. "The Wire" (kinda sorta) and "The First 48" are a couple of exceptions to that rule, but "CSI" and their ilk are farking dumb.

/was a police
//really misses being a police :(

I would also like to add (where applicable), if you have a legally carried concealed weapon on your person, do not volunteer that you have it in the case of a traffic stop unless the officer asks you if you have any weapons on you. If the officer asks, tell them the truth, where the weapon is on your person or in your vehicle, and how the officer would like to proceed. A startled cop can be a very dangerous cop.

Note that this is a moot point beyond traffic stops for the most part.


In Ohio that will get you a felony for failure to disclose.

08 Dec 2012 08:51 PM
clyph     

Dafatone: God, The Closer is just the worst in that regard. It's not just a cop show where the cops sometimes coerce confessions; it's a cop show ABOUT coercing confessions.


So it's accurate to reality, then.

Most criminals are too stupid to STFU. If they weren't, the jails would be empty.

The cops are just playing on human nature. It's practically instinctive for us to try and talk our way out of trouble. It takes self-discipline and impulse control to keep your yap shut, qualities that are rare among the (blue collar) criminal class.

08 Dec 2012 08:53 PM
robodog     

namegoeshere: Did I misread TFA (entirely possible) or did they let this guy go a week before his trial because the realized their case was shiat and he had a good chance of beating it, but after the new evidence is tested, they can arrest him again and hold him in jail for another year or so before the next trial? Because you know what would suck more than being jailed for a year without trial?

"In addition, there is additional investigation that is needed. In the interest of justice, she dismissed the case while that testing and investigation takes place because it may take substantial time to complete. When completed, the case will be presented to a grand jury for consideration."

/NAL


If he's smart he won't waive his right to a speedy trial next time.

08 Dec 2012 08:54 PM
Oxygen_Thief    [TotalFark]  

TheSwizz: Any Fark U. lawyers able to comment as to when the sixth amendment kicks in?


arraignment

08 Dec 2012 08:56 PM
OnlyM3     
GAT_00

Marcus Aurelius: There are these things called "lawyers" that are expensive, but are much more effective if you don't open your big yap in front of the po po and give them a nice big sucker all hooked and ready to go.

It ought to be taught in schools:

The police state owns the schools, that is why the exact opposite is taught, and cops are brought in as heroes.

08 Dec 2012 08:56 PM
NativeDaughter     

clyph: NativeDaughter: //really misses being a police :(

Well, when you're living in a police state, it IS preferable to be the one wearing the jackboot rather than the one licking it.


Nah, I actually got into for the "right" reasons, and out of it for equally "right" reasons. I get that a lot of people don't trust the police (and you shouldn't, honestly), but we're not all Gestapo-wannabes. I genuinely wanted to and enjoyed helping people. It was the beaurocracy that got to me and they way I was treated for "talking back" to the people who I felt were farking things up for the rest of us. Eventually I was given an ultimatum and I chose to leave rather than keep my head down and pretend the problem didn't exist.

But keep up the "POLICE STATE WHARGARBL!!1!" tantrums. It makes you look all kinds of rational.

08 Dec 2012 09:01 PM
Loaded Six String     

zamboni: Loaded Six String: I would also like to add (where applicable), if you have a legally carried concealed weapon on your person, do not volunteer that you have it in the case of a traffic stop unless the officer asks you if you have any weapons on you. If the officer asks, tell them the truth, where the weapon is on your person or in your vehicle, and how the officer would like to proceed. A startled cop can be a very dangerous cop.

Note that this is a moot point beyond traffic stops for the most part.

I've heard that if you have a valid pistol permit it might be best to present that with your license, registration and proof of insurance. A conversation starter... if you will. As you say... police don't need... nor do they deserve surprises.

At the time I lived in a "may issue" state and had to apply and be approved by the county. Never carried it on my person but often did in the car. I traveled all over the place at all hours. Never had to use either... praise the maker.


The hard part is determining which would be the greater surprise, informing the officer of your weapon and permit before or after he/she asks you whether or not you have any weapons. My contention is that it probably shouldn't be the civilian bringing weapons into the conversation, seeing as every officer has their safety in mind at all times and that will lead to (rightfully or wrongfully) a state of hypervigilance when interacting with the general public while performing their duties.

08 Dec 2012 09:02 PM
BarkingUnicorn     

JonnyBongo: What we could really use is a constitutional amendment to make sure trials are speedy.


"Speedy" depends on a lot of things: Link

08 Dec 2012 09:03 PM
clyph     

NativeDaughter: we're not all Gestapo-wannabes.


Just the ones I'm related to, apparently.

08 Dec 2012 09:11 PM
Loaded Six String     

NativeDaughter: Loaded Six String: I would also like to add (where applicable), if you have a legally carried concealed weapon on your person, do not volunteer that you have it in the case of a traffic stop unless the officer asks you if you have any weapons on you. If the officer asks, tell them the truth, where the weapon is on your person or in your vehicle, and how the officer would like to proceed. A startled cop can be a very dangerous cop.

Note that this is a moot point beyond traffic stops for the most part.

I can see from a citizen's point of view why they both legally and morally aren't obligated to announce they have a (licensed) concealed weapon in the vehicle, but as a police officer... I always appreciated being told upfront and as long as the license was presented and checked, I never had a problem with someone who had their weapon in the vehicle. I didn't do a lot of traffic stops (my city/district/sector had enough "real problems" do deal with...) so I honestly can't say if I would have felt the same relief/irritation if I pulled someone over for not using their signal and got into that situation... In my Academy, were were told that in the event we were pulled over to immediately tell the other officer that we had a weapon in the vehicle (a BUG or duty weapon) and to identify ourselves as law enforcement officers.

That situation rarely presented itself to me though. Because of where I worked, almost all weapons found in a vehicle were illegally owned and unlicensed. I was rarely told upfront (for the obvious reasons) and usually found them during a search of the vehicle. Found some scary stuff, and was almost always met with "I don't know how that got there," or "It's not mine," or "You put that in there!" The state I lived in at the time had pretty strict CCW requirements, so very few citizens had them. Most of the time, if someone had a concealed weapon that was properly licensed, they were also in law enforcement.


Important to note identifying yourself as an LEO was part of the instruction you received. Either through training or experience far too many officers develop an us and them mentality, and civilians more often than not are "them."

08 Dec 2012 09:15 PM
Smackledorfer     

clyph: NativeDaughter: we're not all Gestapo-wannabes.

Just the ones I'm related to, apparently.


Sounds like more of a personal problem to me :)

08 Dec 2012 09:17 PM
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