dm33 said:
kubel said:
:lol: For the love of God, SOMEONE IS PLUGGED IN!!! CALL 911!!!
That version of events only reinforces in my mind that the cop is a total douchebag. I would be pissed off too if I found some cop nosing around in my vehicle.
Breaking and entering into a personal car without a warrant to investigate who owns it.
Has the policeman ever heard of checking the license plate?
The story sounds questionable from the police side.
911 call because someone plugged into an outdoor outlet at a public facility. This is an emergency? People reporting accidents, murders, attempted robberies have to wait for this call to go through.
Arrested on theft charges because he's not allowed to use the tennis court. Why not cite him for trespassing?
Days pass before they drag him away to jail? Can police really drag you from your home days after a trivial complaint? Does this not seem way out of line? Police force run amok, intoxicated with power. A more reasonable course of action is to cite, or ticket or give a warning, or even a summons. But haul someone off to jail for four cents of electricity? In the days in between the police couldn't investigate how much the electricity cost? There must be rules about punishment commensurate to the dollar amount of theft. 15 hours in jail is way out of line for four cents.
1. The car was unlocked so it's not breaking and entering
2. Yes, the police can access the vehicle during an investigation..note I'm not talking "routine" traffic stop. But during an investigation a vehicle is considered a movable crime scene and it has been supported at the US Supreme Court that you can search a vehicle w/o a warrant due to the mobility of the scene. Side note - just because you search a vehicle doesn't mean that the resulting evidence is admissible, you have to have more than a report of a plugged in car.
3. Just because you run the tags doesn't mean that's the person who drove the car.
4. Day pass before dragging to jail - yes. After the initial investigation a warrant was issued instead of an arrest at the scene. This is not uncommon. As far as the cost of the electricity, that's not a police job but rather one of for the prosecutor. In this case it's 'taking without consent' so the actual value only matters if you're going to make this a felony instead of a misdemeanor.
5. Trivial complaint - this is opinion of the value of the infraction but yes, once a warrant is issued you can be removed from any location at any time by the authorities who are executing the warrant. This includes your place of employment in full view of your co-workers.
6. Cite or ticket - citations or tickets are infractions against city ordinances and not against the criminal code. In that case it all depends on what you're writing. I actually had 2 different ticket books, one for ordinance violations (traffic tickets) and one for criminal and it all depended on what you're writing.
7. Rules against punishment commensurate to theft - Punishment is what is applied by the court system when and if you are found guilty. One of the 'punishments' can be 'time served'. If he really spent 15 hours in jail he really pissed someone off. One call is valid and sometimes you have to wait hours before your next turn if the phone was busy or you got a voicemail. The division station I was at when busy would only allow 1 call for a prisoner and then transport to HQ for long term detention if the prisoner was there 4 hours or was if he was unruly.
Again on my earlier post if a person is acting reasonable at the time of the investigation and if an arrest was completed at that time, if a person is reasonable then a signature bond is fine. If you're being an ass then all bets are off. Is this abuse of power? Maybe, but deal with assholes 6 days a week you'll find your tolerance level greatly reduced. Every cop I know is more than willing to help any and every one who asks/needs it. But there is a very small line and it doesn't take much to cross it for them to get defensive. Remember they never know what just happened or who a person is or what action that person might suddenly decide to take. Being a cop is one of the few jobs where just going to work might be a reason you don't come home that night. Please keep that in mind when making assumptions about why a cop did what he did. Not saying all cops are angels because there are problems daily but even the problem makers are a small percentage of people trying to make the world better.
Btw, just wait for the cop to come to the door. Even though we all know you need your insurance, license, and registration don't go digging for it until he/she can watch you.
Off my soapbox.
Btw, my personal opinion, theft was probably the wrong thing to write. Trespassing or other ordinance would have been better but rule #1, don't throw poo at the police. Rule #2 don't stand next to someone who throws poo at the police.
<edit> i may have missed it but did this actually go to court already? There's no conviction until arraigned and prosecuted and found guilty