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  1. #1
    Join Date
    Jun 2009
    Posts
    7

    Default Burglary and DWI

    My question involves criminal law for the state of: TN

    Last night I was stopped by an officer outside of a residence. He accused me of aggravated burglary and asked me which house I had taken some items off the porch from. I told him and he called for back up to wait with me while he knocked on the door to the residence. No one ever answered after several attempts.

    He then came back to my car and asked me how much I had had to drink. I told him. So he starts running my information, asks me if I've ever been arrested before. He then asks me to submit to the field sobriety test. I agree and I passed it.

    The second officer then left and the detaining officer told me to go put back the items on the porch. He then told me a few things. 1. He wasn't going to arrest me because he couldn't find a victim to the crime. 2. He knew I had driven the car while intoxicated but realized that over the course of the detainment that I had sobered up to drive home since I lived a quarter of a mile down the same street and that since he never witnessed me operating the vehicle while I was intoxicated that he couldn't charge me with a DUI.

    He then told me to sleep off whatever I was on and that as soon as I slept it off to leave his town. He said he had to deal with enough weirdness as it was and didn't need some out-of-towner importing more weirdness.

    So here are my questions and I know you guys aren't mind readers or future predictors, I'm just curious as to your opinion.

    1. If he was going to arrest me I feel like he would have done it last night. I know they have quite a while for SOL but I figured he had all the info last night to bust me if he wanted but he didn't so what more can they do? Hunt me down in this town and arrest me or even possibly file for an extradition with my state over this somewhere down the line?

    2. Can the police arrest someone specifically for being in a city, is being in a city a crime?

    3. I know you can only speculate about the answer to this one but my final question is: Is it likely that the police will routinely stop by the house I took the items from and knock on the door until they get an answer to inform the owners of what happened or is it more likely they will not waste the time as long as no new incidents happen at that specific residence?

    Thanks for bearing with me on this post.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Burglary and DWI

    If the police find the victim of your crime and your victim is cooperative, of course they can proceed with criminal charges. As you chose to commit a crime, you run the risk that they'll follow up, collect sufficient evidence, and ask a prosecutor to authorize charges. Such is life. How diligent will they be in trying to put together a case against you? Ask the officer.

    I have no idea what your second question is about.

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