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  1. #1
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Procedures and Definitions

    Clearly, the manner in which you threw the keys appeared to be assault to the officer. If it also appears to meet the legal definition of assault to the prosecutor (and he believes it is wirth the time and effort to pursue), then you could be charged. If the prosecutor feels it is not worth the effort, you may get off without any charges or a plea offer to a lesser offense.

    Keep in mind that an officer ALWAYS acts of his own accord when he makes an arrest based upon an act he believes to be a crime. Oh, and unlike the impression one gets from TV, Miranda is NOT required upon an arrest - only upon custodial interrogation (withj some few exceptions).

    You'll have to speak with an attorney to see if the officer's actions might be defamatory in some way, and you can also complain to his agency about his behavior. However, a booking photo and info on the factthat you were arrested tend to be a public record, so in and of itself, that may not be an issue. However, if he truly went out of his way to show it to people without good cause, or he used a department copy of the photo, there MIGHT be a problem. You'd have to check with an attorney who can get all of the facts and advise you.

    If you really think there is video that can or would be deleted, you can contact a defense attorney who can move to seek these items in discovery.

  2. #2
    Join Date
    Dec 2012
    Posts
    19

    Default Re: Procedures and Definitions

    I am not so sure you would have used the word "Clearly" had you been there as the 3 witnesses I have completely disagreed. The officer has a personal issue with me that has been known. I did not state that Miranda was required, only mentioned that it had not been given and even placed subtext to it's irrelevancy. I appreciate your input otherwise however.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Procedures and Definitions

    Well, it is "clear" that he is alleging that he witnessed what he believed was a violation of the law by your throw/toss/loft/whatever. If the prosecutor feels the elements of the offense were not met, or he (or she) decides it is not worth the effort to pursue, then you will not be prosecuted. The probable cause necessary for a criminal charge or arrest can be a rather minimal sort of thing. One can make a perfectly lawful arrest and still have the case rejected by a prosecutor for reasons entirely unrelated to the legality of the arrest. On the whole, a great number of lesser offenses are NOT prosecuted simply because there are too few resources available.

    I mentioned Miranda because many people seem to think it's a requirement. It's not. In fact, maybe one in ten arrests will result in Miranda being required to be read to someone. Some agencies (NYPD is - or was - one) require that Mirranda be read when you slap the cuffs on, but, this a procedural thing and a policy, not the law (and also why you see it on TV a lot). I worked in an agency where we read Miranda to everyone we arrested as a matter of course even when it was not required.

    I have no idea whether this officer was being overly picky about the offense because he had an ax to grind with you, or, whether you possessed a sufficiently flippant attitude and demeanor that would lead to a reasonable conclusion that you tossed them in an attempt to hit him. It would seem a silly thing for an officer to risk his career over such a thing, but, I suppose there are a few idiots out there.

  4. #4
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Procedures and Definitions

    Quote Quoting theminer
    View Post
    I am not so sure you would have used the word "Clearly" had you been there as the 3 witnesses I have completely disagreed. The officer has a personal issue with me that has been known. I did not state that Miranda was required, only mentioned that it had not been given and even placed subtext to it's irrelevancy. I appreciate your input otherwise however.
    Witnesses aren't really reliable. You can have 20 people witness an event and every single one will give a different description of the events.

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