a reply to: rockpaperhammock
** - My response is based on my state (MO) laws. Each state will have its own criteria but in general they are similar / identical due to court cases
and state compacts. **
DWI/DUI - Drugs
If the stop is valid then the K-9 walk around is valid. Don't get me wrong I understand the abuses that can occur. In those cases though the court is
the venue to dispute what occurred and not roadside.
As for the smoking weed portion its going to fall under NHTSA standards / state law standards and whether or not a DRE result is admissible in court
(In a neighboring county of mine the court has gone bonkers on DRE's and have excluded their testimony). In my experience with DRE's in my state they
have to justify their actions from start to finish. Again an argument that should be made in the courtroom and not roadside.
The DRE test is similar to NHTSA drunk driving standards. The DRE goes through his testing and notes the responses / observations. They have to meet
the standard in order for a DUI/DWI - drug. Simply admitting to smoking marijuana would require the "how long ago" question. DRE tests are geared to
the time frame of how long the drugs etc are in your system.
DWI - Big money
This is both correct and incorrect - First offense convictions in my state usually result in SIS/SES and fines. the fines can go no higher than 500
dollars. With that said my state has removed all DWI prosecutions from the municipal courts and restricted them to the County (state) courts.
Fines generated do not go directly to the Police / sheriff's department (in my state and in general for other states). Prosecution and fines are not
determined by the officer. Only the PA can decide to charge and only the judge can determine sentence / fines.
Physical contact with law enforcement
The law in my state defines assault as any unwanted physical contact.
As for bumping - It all depends on totality of circumstances (intentional verse accidental). Injuries sustained on the job are documented 6 ways from
Sunday. Disability comes from the medical exam and not what the officer states. Injuries must be documented as it would be considered evidence of an
assault / injury).
Receiving disability when there is nothing wrong is a crime and can be prosecuted. If you know of that type of incident as fact then report it to the
Again - just representing the LEO side of the fence. As always check your local / state laws / speak to a lawyer if you have questions in your neck of
Finally I understand your position / anger at law enforcement. My 2 issues with it is the blanket insinuation that ALL law enforcement behaves in
unacceptable manners. Every profession has their share of morons who drag down the standards for everyone else, including law enforcement.
Secondly is the lack of knowledge and understanding of how laws and constitutional rights work. The guy in the video is a prime example of not
knowing how they work and in the process most likely made the situation 10 times worse than it should have been.
We need to fix the us verse them mentality. We, Law Enforcement and the community we serve, need to start communicating with each other. Its the first
step towards understanding and meaningful changes.
My argument here would be for people to know the laws and how it works. It will allow people who want change to know where to start. Its almost
impossible to fix something when the person does not know how it works and refuses to learn about it. Learning doesn't mean siding with the police /
government. It means a person can make an educated push for the changes.
I do understand your position and agree with most of it.
Hopefully my post makes sense.
If it doesn't let me know. I have a bad habit of going a bit overboard in these types of threads so I am going to step out so others can chime in.
edit on 5-10-2014 by Xcathdra because: (no reason given)