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Main Page Brooming warrants
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Posted by: centralmacop

Does anyone in here make it a habit of brooming warrant arrests. Does anyone in her do it at all? I was always under the impression that if you did so, it could amount to a criminal violation. But I know some guys that will politely inform Mr. or Mrs. Badguy that they have warrants and to go clear them up. Does anyone else have an issue with this?

Posted by: Sniper

I have an issue with it and my chief would go CRAZY if he caught wind of our patrolmen doing that.............. I DO know it happens though. Cops are lazy.

Posted by: Q5-TPR

I have broomed 2 warrants in my career. 1st was a 65 y/o Baptist Minister with a warrant for Juror Fail to Appear and the second was a 50 something asian female on her way home from her second job with one for Shell Fishing in a Contaminated Area (sorry EPO's, just couldn't do it). If I brought either of those in, EVERYONE in the Barracks would have kicked my ass. I told them to get them fixed the next day in court (which they did, I checked).

Quote:

Originally Posted by Sniper

I have an issue with it and my chief would go CRAZY if he caught wind of our patrolmen doing that.............. I DO know it happens though. Cops are lazy.

Nothing to do with being lazy, just having a heart (a very small one! Everyone else....GOES!)

Posted by: Irish Wampanoag

Warrants are not meant to be broomed except if you work in Boston. I go out looking for warrants. To broom them is illegal and you could be charged with contempt. Be advised you littery own this guy if you broom him. "No heart here" Just my two cents

Posted by: 94c

Contempt? I doubt it...

Have done it plenty of times. I'll pay the fine if they choose.

Chapter 268: Section 22. Delay of service of warrants

Section 22. An officer who wilfully delays service of a warrant of arrest or a search warrant committed to him for service shall be punished by a fine of not more than fifty dollars.

Posted by: Delta784

A warrant is an order from a judge; brooming one is a huge risk I'm not willing to take.

Posted by: Robert35

Quote:

Originally Posted by Irish Wampanoag

Warrants are not meant to be broomed except if you work in Boston. I go out looking for warrants. To broom them is illegal and you could be charged with contempt. Be advised you littery own this guy if you broom him. "No heart here" Just my two cents

Love the Quote "except if you work in Boston". Would Love to have you come ride with us some day.

Posted by: Mitpo62

Blowing off a warrant? Warning, warning! Danger Wil Robinson, danger!

Posted by: mpd61

You should NOT do it! I let a woman with two young kids go on a jury duty warrant on a dark cold winter night. I was on probation. The chief nearly let me go the next day. (God Bless him) I believe we shall arrest is the term. Being a cop isn't always a crystal clear and sharp road to follow...

Posted by: 94c

Like everything else, it all depends where you work.

a domestic violence victim with a black eye and four kids with no relatives to call, gets a pass on a bullshit disorderly conduct warrant.

I for one, still believe in common sense. I've also been around long enough to know that nothing is going to happen to me for making that kind of a decision.

If something did, then as soon as I served my suspension I'd seek out the nearest nursing home and grab that old geezer with the 10 year old jury duty warrant.

Or better yet, the quadraplegic that I know that still has that operating to endanger warrant that resulted in his current condition.

Posted by: Delta784

Quote:

Originally Posted by 94c

a domestic violence victim with a black eye and four kids with no relatives to call, gets a pass on a bullshit disorderly conduct warrant.

Until the suspect gets bailed, comes back to the house and kills the victim. Then the politicians with revolving door consciences will be screaming from the mountaintops that the victim would have been safe if she was in jail on the warrant.

Very simple; don't ask, don't tell. If you have no knowledge of a warrant you can't get hung for not serving it, and running everyone you encounter is impractical at best.

Posted by: Q5-TPR

Quote:

Originally Posted by Delta784

A warrant is an order from a judge; brooming one is a huge risk I'm not willing to take.

So, you are honestly going to tell me you are going to lock up that 65 y/o minister, coming from church mind you, for a juror warrant??? Common, use your head. I'm definitly not the saltiest guy on here, and I am all about arresting fools, ask anyone that knows me, but really. How big of an ass are you gonna look like bringing that into your respective Barracks/station/whatever! It will sound something like this "kid, are you out of your f*%kin mind?" Not to mention, I work inner city, so that will help things on the street when he goes back and tells his "congregation" about how much love the Police showed him!

Posted by: 94c

Quote:

Originally Posted by Delta784

Very simple; don't ask, don't tell. If you have no knowledge of a warrant you can't get hung for not serving it, and running everyone you encounter is impractical at best.

Our directives requires us to check for warrants and restraining orders on everyone involved in a domestic incident.

And yes, the victim has been arrested in the past on domestic violence calls. But I'll stick to common sense and deal with the Monday morning quarterbacks when the need arises.

And yes, I will go out and lock up the quadraplegic the very next day if that's the way they want the law enforced.

Attitudes about this changed about 20 years ago when a female under arrest for failing to return library materials suffered a miscarriage in the cellblock and a good chunk of change was paid out.

This practice has been condoned in the past under various situations to include politicians. Once they set the precedent then that is what I base all my future decisions.

I'll take the suspension and then request a public hearing for using common sense.

Posted by: chief801

I had a very reliable rat that had a default warrant for failure to appear on traffic charges. Saw him standing on the corner, told him to go buy a case of beer, get a pizza, and carry his ass home for the entire weekend. If I saw him, he'd sleep at our place for the weekend and if he didn't clear it up on Monday I'd lock him up. Was I in violation...sure, but big picture...he gave me tons of good info and appreciated the break.

Good police work involves common sense...but be prepared to pay the consequences if your use of discretion back fires and the higher-ups don't agree with your decision. It was a risk I was willing to take in light of the information received about "real" crimes. This guy's information was good for no less than 10 good pinches.

Posted by: Delta784

Quote:

Originally Posted by Q5-TPR

So, you are honestly going to tell me you are going to lock up that 65 y/o minister, coming from church mind you, for a juror warrant???

Quote:

Originally Posted by chief801

I had a very reliable rat that had a default warrant for failure to appear on traffic charges. Saw him standing on the corner, told him to go buy a case of beer, get a pizza, and carry his ass home for the entire weekend. If I saw him, he'd sleep at our place for the weekend and if he didn't clear it up on Monday I'd lock him up. Was I in violation...sure, but big picture...he gave me tons of good info and appreciated the break.

"Knowing" someone has a warrant is a huge difference from running them while they're in your presence. If you run someone, they have a warrant, you don't serve it, and the person goes on to kill someone later, you better hope the audio is really scratchy on the radio tapes.

Posted by: Irish Wampanoag

[quote=chief801]I had a very reliable rat that had a default warrant for failure to appear on traffic charges. Saw him standing on the corner, told him to go buy a case of beer, get a pizza, and carry his ass home for the entire weekend. If I saw him, he'd sleep at our place for the weekend and if he didn't clear it up on Monday I'd lock him up. Was I in violation...sure, but big picture...he gave me tons of good info and appreciated the break.

I agree with Delta, there is a difference here there's no immediate paper or electronic trail. I am looking at it as liability issue on you as an officer.. You run someone through WMS NCIC in your presence or on a motor vehicle stop then it's "your under arrest"!!

Robert35 I was just kidding!!! Boston had a busy night tonight three shooting in just a couple hours of each other (Los Angeles Style) Stay safe!!!

Posted by: chief801

Quote:

Originally Posted by Delta784

Try reading for comprehension; don't ask, don't tell. I can't imagine any circumstances where I would even run a 65 y/o minister for warrants.

As I tell the newbies; be careful what you wish for, because you may well get it. If you request a warrant check on someone, you better be prepared to hook them if it comes back with a hit regardless of what it's for.

"Knowing" someone has a warrant is a huge difference from running them while they're in your presence. If you run someone, they have a warrant, you don't serve it, and the person goes on to kill someone later, you better hope the audio is really scratchy on the radio tapes.

Very true...he wasn't run, I just knew. If you call it in, you'd better take 'em. I got pissed at few dispatchers over the years who ran someone without me asking and came back with a hit...they were doing a good job, but dammit, not with 15 minutes left on the shift and the shmuck was going to get a verbal warning!!

Posted by: 94c

Quote:

Originally Posted by Delta784

If you run someone, they have a warrant, you don't serve it, and the person goes on to kill someone later, you better hope the audio is really scratchy on the radio tapes.

Anything can happen in police work. But the odds are that the people being let go are nowhere near the end of that spectrum.

We're talking about people with little or no BOPS and for bullshit charges.

I guess it all comes down to the individual department's attitude towards these crimes.

I'm sure you were around when warrants were issued for stop signs and red lights when people defaulted or failed to appeal civil motor vehicle infractions.

Depending on the person, he was arrested or given a chance to clear it up.

Posted by: Delta784

Quote:

Originally Posted by 94c

I'm sure you were around when warrants were issued for stop signs and red lights when people defaulted or failed to appeal civil motor vehicle infractions.

Depending on the person, he was arrested or given a chance to clear it up.

I was also around when husbands/boyfriends were told to "leave for the night and cool down" during domestics and drunk drivers were let go to drive away because they were "almost home". We all know how well those policies worked out in the end.

Just because something has always been done a certain way doesn't make it correct. With tort lawyers waiting around every corner and the media waiting to jump all over our shit, I'm ALWAYS going to err on the side of caution when my ass is potentially on the line.

If I have a newbie with me that runs the proverbial 65 y/o minister and he happens to pop with a juror non-attend warrant, he's coming with us. The desk sergeant and booking crew can bitch about it all they want to, but they're not going to indemnify me against a lawsuit or pay the mortgage for a house I can no longer live in.

Are some warrants bullshit? Of course. However, that's not for us to decide. If you don't want to pinch someone on a BS warrant, THEN DON'T CHECK THEM FOR WARRANTS.

Posted by: 94c

Unless you practice zero tolerance, every time you cut someone some slack you open yourself up to a possible potential problem.

I can't work under that paranoia.

Posted by: SinePari

Quote:

Originally Posted by Delta784

If you don't want to pinch someone on a BS warrant, THEN DON'T CHECK THEM FOR WARRANTS.

+1

My first patrol sergeant said, "don't run anybody over the air you don't want to arrest". Once dispatch confirms your warrant over the air, you own it.

My thoughts about the failure to appear for jury duty; they should be civil, not criminal. At worst, suspended license, not a warrant.

Posted by: Delta784

Quote:

Originally Posted by 94c

Unless you practice zero tolerance, every time you cut someone some slack you open yourself up to a possible potential problem.

Very few situations involve a written order from a judge; the only ones I can think of are a protective order and an arrest warrant. I'm not going to mess around with either one.

Quote:

Originally Posted by SinePari

My thoughts about the failure to appear for jury duty; they should be civil, not criminal. At worst, suspended license, not a warrant.

Apparently jurors not showing for duty is becoming an epidemic. My last time was at Norfolk Superior Court, and there were a ton of no-shows, so as a result they have to call twice as many jurors. That makes it likely you and I will be called more often.

So, hang 'em.

Then again, I once cheerfully dragged in a big-mouth, know-it-all woman on a $35 warrant for fishing without a license issued in 1977.

Posted by: Kem25

I had a situation two Saturdays ago where I let someone with a warrant go. I stopped the car....It was after a storm so the back window was covered in snow. I walk up to the car and the guy has his four year old son who instantly starts crying. He had a straight warrant on a domestic case and I knew he was back living with his girlfriend (the whole reason he had the warrant). He could not contact the girlfriend cause she was in class and nobody could come pick up the child. We talked and agreed that Monday morning he would be at the courthouse or Monday afternoon I would be at his work. He cleared the warrant up on Monday and my Sergeant gave me an "atta boy" for using discretion and not arresting someone in front of their kids. But again that is my department and it may be different where other people work. While I do not make it habit of letting people go sometime the situation does not dictate an arrest.

Posted by: Delta784

Quote:

Originally Posted by Kem25

I had a situation two Saturdays ago where I let someone with a warrant go. I stopped the car....It was after a storm so the back window was covered in snow. I walk up to the car and the guy has his four year old son who instantly starts crying. He had a straight warrant on a domestic case and I knew he was back living with his girlfriend (the whole reason he had the warrant). He could not contact the girlfriend cause she was in class and nobody could come pick up the child. We talked and agreed that Monday morning he would be at the courthouse or Monday afternoon I would be at his work. He cleared the warrant up on Monday and my Sergeant gave me an "atta boy" for using discretion and not arresting someone in front of their kids. But again that is my department and it may be different where other people work. While I do not make it habit of letting people go sometime the situation does not dictate an arrest.

If I were your sergeant I would have given you a kick in the ass and pinned back your ears for a few minutes, before I sent you to the guy's house to arrest him.

Brooming a domestic warrant? You took a HUGE risk, and I hope you know that no one, including your sergeant, would back you up if the guy went home and killed his girlfriend.

Posted by: 5-0

Quote:

Originally Posted by Delta784

What Delta said. I can't say that is one of the situations that I would deploy 'discretion'.

Posted by: PaulKersey

Delta, it's safe to say, you have a couple of enemies. If I were you, I wouldn't broom any warrants either.

The busier the department, the more that's broomed. Not just warrants, but other small time incidents as well. I agree with 94c. Use common sense.
Years ago, one guy locked up a woman with two kids- on Christmas eve. It was for a 15 year old bad check warrant. He took her, the car full of Christmas presents, and then had to arrange for child care issues. To this day, he is still reminded of it. Most guys aren't going to tie up the booking man, and the cell block, with a failure to attend jury duty warrant.
Show them the handcuffs, tell them to straighten it out, or the next guy may not be as nice...most will take care of it first thing in the morning.

You need a transport? "Negative, I'm not with that party, just checking to see if warrants are active". In the end, to each his own. Domestics are another ball game.

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Posted by: Delta784

Quote:

Originally Posted by PaulKersey

The busier the department, the more that's broomed. Not just warrants, but other small time incidents as well.

My department is quite busy, and I work the busiest area. A warrant arrest takes all of 5 minutes; drop off the prisoner, sign the warrant, and off we go.

Quote:

Originally Posted by PaulKersey

Years ago, one guy locked up a woman with two kids- on Christmas eve. It was for a 15 year old bad check warrant. He took her, the car full of Christmas presents, and then had to arrange for child care issues. To this day, he is still reminded of it. Most guys aren't going to tie up the booking man, and the cell block, with a failure to attend jury duty warrant.
Show them the handcuffs, tell them to straighten it out, or the next guy may not be as nice...most will take care of it first thing in the morning.

Why did he run her in the first place? Why would someone run ANYONE on Christmas Eve?? As I mentioned; don't ask, don't tell. If you're not prepared to hook someone, then for what possible reason would you check them for warrants? Curiousity?

In any case, I prefer to not rely on the word of a criminal to "straighten things out" but that's me.

Quote:

Originally Posted by PaulKersey

You need a transport? "Negative, I'm not with that party, just checking to see if warrants are active".

Sounds great, until it's played back in federal court.

In the end, it's going to be the cop who "exercised his discretion" (even though there is none legally for a warrant) who will be left holding the bag when a broomed warrant blows up in his face.

Posted by: Killjoy

Quote:

Are some warrants bullshit? Of course. However, that's not for us to decide. If you don't want to pinch someone on a BS warrant, THEN DON'T CHECK THEM FOR WARRANTS.

Absolutely true, I would never broom a warrant. If I didn't want to get involved, then I wouldn't run them. I also would never tell a boot to broom a warrant. This isn't giving someone a pass on a speeding ticket, its an order from the court!

More often then not, being a "nice guy" gets you into more trouble then just doing you job and being the "asshole".

Posted by: Delta784

Quote:

Originally Posted by Killjoy

More often then not, being a "nice guy" gets you into more trouble then just doing you job and being the "asshole".

+1000000000

Posted by: justanotherparatrooper

Im reminded of the old saying " No good deed goes unpunished" when listening to this debate.

Posted by: 94c

Quote:

Originally Posted by Delta784

My department is quite busy, and I work the busiest area. A warrant arrest takes all of 5 minutes; drop off the prisoner, sign the warrant, and off we go..

So you go to court on Monday and the guy defaults. The warrant is in WMS by 4pm. Knowing that there is an outstanding warrant on this guy, what do you do?

Aren't you liable if he goes out and hurts someone?
After all you had direct knowledge of a warrant and did nothing about it.

How does your department handle the thousands of "court orders" that are outstanding where you work?

We get the weekly printouts from the courts. I recognize many names that have outstanding warrants. Does that make me any less liable if something happens?

You use the don't ask, don't tell analogy.

But there has to be someone out there that you know has an outstanding warrant. If you do not go out and seek this person, are you any less liable?

I guess if I had your Chief as a boss I would feel the same way. I also feel pretty confident that I'm not going to let a felon walk away, so I'll continue to use my discretion.

I'm also satisfied that the warrants I let walk for my specific reason will be backed by the Administration.

Not everyone is a hardened criminal. Take care of the bullshit warrant or I'm coming to your job and get you.

Yes, I am talking about people with jobs...

Just thought of something.

The old legacy (paper) warrants used to COMMAND me to bring the person before the court. Is there any such languange in the WMS printouts?

Posted by: Kem25

"I'm also satisfied that the warrants I let walk for my specific reason will be backed by the Administration."

Thats the key right there. I am pretty confident that everybody knows what will fly and what will not fly within their respective department. In regards to my earlier post...The watch commander and Patrol supervisor both signed off on me letting that guy go.

With regards to how much police work gets bagged in court how can we take some warrants seriously. If the court thought the offense was that serious the person would still be in custody. I am all for making arrests but chasing warrants is not my cup of tea.

Delta I would be willing to bet that people are let go in your city all the time on warrants....Just because you do not do it does not mean it does not happen.

Posted by: Delta784

Quote:

Originally Posted by 94c

So you go to court on Monday and the guy defaults.

We don't go to court for warrant arrests; what's the point?

Quote:

Originally Posted by 94c

The warrant is in WMS by 4pm. Knowing that there is an outstanding warrant on this guy, what do you do?

How would I know if he has another warrant, unless I......drum roll please......run him for warrants?

Quote:

Originally Posted by 94c

Aren't you liable if he goes out and hurts someone?
After all you had direct knowledge of a warrant and did nothing about it.

See above; don't ask, don't tell.

Quote:

Originally Posted by 94c

How does your department handle the thousands of "court orders" that are outstanding where you work?

We enforce the ones that are brought to our attention. Once again, don't ask, don't tell.

Quote:

Originally Posted by 94c

We get the weekly printouts from the courts. I recognize many names that have outstanding warrants. Does that make me any less liable if something happens?

You're comparing apples to moonrocks; how could anyone prove you had knowledge of a warrant because you get a printout you may or may not read? That's entirely different from running someone on the (recorded) radio, then letting them go anyway.

Quote:

Originally Posted by 94c

You use the don't ask, don't tell analogy.

But there has to be someone out there that you know has an outstanding warrant. If you do not go out and seek this person, are you any less liable?

I could spend the rest of my career trying to track down all the people who have warrants in my area, and I still wouldn't put a dent into it. To suggest that is just silly.

Quote:

Originally Posted by 94c

I'm also satisfied that the warrants I let walk for my specific reason will be backed by the Administration.

If you seriously believe that, I have some swampland in Florida I'd like to sell you. The nano-second that an arrest you didn't make blows up in your face, you'll be cast overboard like yesterday's trash. Bet the house on it.

Quote:

Originally Posted by 94c

The old legacy (paper) warrants used to COMMAND me to bring the person before the court. Is there any such languange in the WMS printouts?

A warrant is an order from a judge, regardless if it's a paper warrant or WMS printout.

Quote:

Originally Posted by Kem25

I am pretty confident that everybody knows what will fly and what will not fly within their respective department. In regards to my earlier post...The watch commander and Patrol supervisor both signed off on me letting that guy go.

To be young and naive again......

Simply put, your watch commander and patrol supervisor were negligent. If that guy had gone home and killed his girlfriend, you would be out of a job and penniless in short order. And I'd bet my life savings every one of your supervisors would feign total ignorance as to your actions.

Brooming a domestic warrant....I still can't believe you actually did that. Go out and play the Lottery; you have incredible luck.

Quote:

Originally Posted by Kem25

Delta I would be willing to bet that people are let go in your city all the time on warrants....Just because you do not do it does not mean it does not happen.

Guess again; if we run 'em, we own 'em.

Posted by: SinePari

I'd suggest closing and deleting this thread...just TMI here

Posted by: 94c

Quote:

Originally Posted by Delta784

We don't go to court for warrant arrests; what's the point?

How would I know if he has another warrant, unless I......drum roll please......run him for warrants?

See above; don't ask, don't tell.

.

Please, don't treat me like I'm some dumbass whacker...

THE TRIAL COMES UP. THE GUY DEFAULTS. YOU WERE THERE SINCE IT WAS YOUR CASE!!! THE WARRANTS ARE IN WMS BY THE END OF THE DAY.

WHAT DO YOU DO TO SERVE THIS COURT ORDER?

ARE YOU RESPONSIBLE FOR GETTING THIS COURT ORDER SERVED?

PLEASE...

I've read your blogs, I've read your posts. I know your a cop and you have no need to bullshit people on this site.

But to hide behind "don't ask, don't tell, when your department should know or should have known there were outstanding warrants isn't going to absolve anyone of any liability. You know that and I know that.

Posted by: Mitpo62

I could be wrong here, but I think there is a distinct difference between hearing a judge say "default" at a hearing or trial vs. receiving word via dispatch of a warrant in CJIS. I believe MGL states "when served with notice." Just my two cents.

Posted by: O-302

Quote:

Originally Posted by Kem25

"In 1985, a jury verdict awarded $2.3 million in favor of plaintiff Tracy Thurman who sued the Torrington, CT, police department after they repeatedly failed to arrest her abusive husband (Thurman v. City of Torrington, 1985). Her husband eventually caused her serious bodily injury."

The kid was probably crying because he's seen daddy arrested before....and maybe has seen daddy hit mommy....good opportunity to involve DSS in his life (if not already involved)....they'll babysit him for free...

Posted by: Delta784

Quote:

Originally Posted by 94c

Please, don't treat me like I'm some dumbass whacker...

THE TRIAL COMES UP. THE GUY DEFAULTS. YOU WERE THERE SINCE IT WAS YOUR CASE!!! THE WARRANTS ARE IN WMS BY THE END OF THE DAY.

What part of "we don't go to court for warrant arrests" do you not understand, and I'll attempt to clarify? I estimate about 0.000001% of the warrant arrests I've made have been for one of my cases, and even then I don't go to their arraignment for the warrant arrest.

Quote:

Originally Posted by 94c

WHAT DO YOU DO TO SERVE THIS COURT ORDER?

ARE YOU RESPONSIBLE FOR GETTING THIS COURT ORDER SERVED?

We don't go to court for warrant arrests. After I drop the prisoner off at the cellblock, that's the last I see of them. I don't know how I can make it more clear than that. I have no knowledge if anyone I arrest on a warrant defaults or not, unless I check. Which I don't.

Quote:

Originally Posted by 94c

I've read your blogs, I've read your posts. I know your a cop and you have no need to bullshit people on this site.

But to hide behind "don't ask, don't tell, when your department should know or should have known there were outstanding warrants isn't going to absolve anyone of any liability. You know that and I know that.

Bullshit? Dude, you're 100% in the wrong. A warrant is an order from a judge that you arrest the named person. You're being selective about enforcing that order. It doesn't get more wrong than that, no matter how much you attempt to rationalize it.

Posted by: PaulKersey

We don't go to court for warrant arrests.

He meant, if you're in court for a trial, arraignment etc. and the defendant does not show up, then the court issues the warrant. Usually you hear the judge issuing it. You know he didn't show. You're now aware of the warrant.

You're being selective about enforcing that order.

True. Being selective, and using ones discretion. Is it right? It's up to the individual officer I guess. With the circus that we call court, all the god like liberal judges giving out slaps on the wrist, letting repeat offenders go free all the time etc, it's no wonder why certain officers will tell a working guy to take care of his failure to attend jury service warrant, rather than lock him up and tow his car. When the court is ready to get serious, then so will the majority of the cops. It may not be right officially, but it is morally in many eyes.

Posted by: Delta784

Quote:

Originally Posted by PaulKersey

He meant, if you're in court for a trial, arraignment etc. and the defendant does not show up, then the court issues the warrant. Usually you hear the judge issuing it. You know he didn't show. You're now aware of the warrant.

Once again; apples and moonrocks. Knowing someone has a warrant and not actively looking for them is a hell of a lot different than having the person standing in front of you, and you let them go anyway.

Quote:

Originally Posted by PaulKersey

True. Being selective, and using ones discretion. Is it right? It's up to the individual officer I guess. With the circus that we call court, all the god like liberal judges giving out slaps on the wrist, letting repeat offenders go free all the time etc, it's no wonder why certain officers will tell a working guy to take care of his failure to attend jury service warrant, rather than lock him up and tow his car. When the court is ready to get serious, then so will the majority of the cops. It may not be right officially, but it is morally in many eyes.

Discretion does not apply to an order from a judge. Why are some people having a hard time accepting that?

Posted by: 94c

Quote:

Originally Posted by Delta784

Discretion does not apply to an order from a judge. Why are some people having a hard time accepting that?

Because obviously you have a hard problem dealing with the difference between the law and the reality of the streets.

I've been on this job just as long if not more than you have. I outrank you three-fold.

I work for a department twice your size.

I pity you guys because you're running scared and can't get the job done without worrying your chief will screw you at every turn.

The public suffers and the new guys willing to go out and hustle suffers.

I can come up with a half-dozen laws on the books that are over 100 years old that say you "SHALL" arrest.

I'm sure that most of your department would laugh at them.

But yet, last I knew "SHALL" is a mandatory word meaning mandatory arrest.

My point...

I'm not afraid of using my discretion.

Obviously, you are....

Posted by: Delta784

Quote:

Originally Posted by 94c

Because obviously you have a hard problem dealing with the difference between the law and the reality of the streets.

No, it's just you refuse to admit you're wrong.

Quote:

Originally Posted by 94c

I've been on this job just as long if not more than you have.

Then you have no excuse for your ignorance of the law.

Quote:

Originally Posted by 94c

I outrank you three-fold.

Then you obviously don't work the street. That explains a lot.

Quote:

Originally Posted by 94c

I work for a department twice your size.

You'll excuse me if I'm not impressed. All you are to me is a nickname on a message board....I'm the head of the FBI; see how easy that is?

Quote:

Originally Posted by 94c

I pity you guys because you're running scared and can't get the job done without worrying your chief will screw you at every turn.

In case you haven't noticed, I'm not the least bit scared of my chief. It has nothing to do with that; it's called following the law.

Quote:

Originally Posted by 94c

The public suffers and the new guys willing to go out and hustle suffers.

Wait a second....arresting people with valid arrest warrants makes the newbie go-getters suffer? That's funny....every new cop who wants to work that I've seen actually DOES make arrests. You can't have it both ways.

Quote:

Originally Posted by 94c

I can come up with a half-dozen laws on the books that are over 100 years old that say you "SHALL" arrest.

I'm sure that most of your department would laugh at them.

Not single one of them is an order from a judge, and I believe the only law that says "shall arrest" is violating a protective order. Do you ignore that one, also?

Quote:

Originally Posted by 94c

My point...

I'm not afraid of using my discretion.

Obviously, you are....

Discretion does not apply to an order from a judge. If you're really the experienced cop you want everyone to believe, you would know that.

Face it; you've been lucky. If you want to keep rolling the dice, be my guest. When you get your balls kicked-in with a civil lawsuit and your department hangs you out to dry, keep thinking to yourself "But I wasn't afraid to use my discretion" as you don the royal-blue smock of a Walmart greeter.

Posted by: 94c

Quote:

Originally Posted by Delta784

Face it; you've been lucky. If you want to keep rolling the dice, be my guest. When you get your balls kicked-in with a civil lawsuit and your department hangs you out to dry, keep thinking to yourself "But I wasn't afraid to use my discretion" as you don the royal-blue smock of a Walmart greeter.

Hey you fuckin moron. I've been indicted on this job and survived.

Posted by: Delta784

Quote:

Originally Posted by 94c

Hey you fuckin moron.

Ooooh.....the f-bomb. Feel better now?

Quote:

Originally Posted by 94c

I've been indicted on this job and survived.

As I said, you've been lucky.

Posted by: 94c

too bad you stopped being a cop.

Posted by: Irish Wampanoag

[quote=PaulKersey]We don't go to court for warrant arrests.

He meant, if you're in court for a trial, arraignment etc. and the defendant does not show up, then the court issues the warrant. Usually you hear the judge issuing it. You know he didn't show. You're now aware of the warrant.

First off I am confused? You go to court after you arrest someone which the defendant never shows up, I can assure you, officers dont show up to court during the arraignment part of the process or on a warrant arrest for that matter.
Let say for argument the young rookie officer shows up for court for his first arrest and is present for the arraignment, Johnny Dirtbag doesnt show, so the judge orders a default warrant for Johnny. How can this be the same as when I stop Johnny on the street or in his motor vehicle.??? I'll tell you it isnt because you have a duty to act why because Johnny Dirtbag is in your presence YOU HAVE IMMEDIATE SEIZURE OF THIS PERSON!!! why because you stopped him and requested a warrant check. In court when a judge issues a warrant he is issuing it because nobody has seizure of this person. Johnny could be anywhere and thats why it is placed in WMS Which does say on the bottom of the Warrant in WMS "you are herby commanded to arrest for which this warrant is issue to" That means no discretion! The discretion you do have is dont run him at all in the first place.

Posted by: Macop

Even though me and Delta have had words, I must admit, 94C he handed your ass to you, and a few other body parts. His posts could not be more on point.

Posted by: id1811xecj

Chapter 101: Section 32. Arrest of hawkers, peddlers and door-to-door salespersons; prosecution

Section 32. The deputy director, inspectors of standards and, within their respective jurisdictions, sealers or deputy sealers of weights and measures, constables and police officers shall arrest and prosecute every hawker and peddler, and transient vendor, who they may have reason to believe is violating any provision of this chapter. The chief of police, a police officer, or other official designated by a city council of a city or a board of selectmen of a town, may arrest and prosecute a person who engages in the sale of goods door-to-door for future delivery who such official has reason to believe is violating the provisions of section thirty-four.

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