BlueSheepdog
10 Years Experience
Around the Way, FL
Male, 40
Cheating death and fighting communism: that is how a fellow officer once described our job. It was meant to be funny, but as time went on it seemed all too true.
I spent more than ten years in law enforcement, all of it on the street in uniform patrol. I've been a patrol officer, instructor, sergeant and lieutenant.
Do not report crimes here. Nothing here should be considered legal advice. All opinions are my own.
I'm frustrated by politicians who push for more gun control. Restricting the sale and possession of firearms only harms law abiding citizens. Criminals, by their very definition, don't follow the laws. We currently outlaw murder, yet that law does not prevent a single murder. We outlaw rape. That law fails to protect a single woman against sexual assault. I work in an urban area where our crime rate is above that of the national average. I deal with gangs, thieves, drug dealers and other associated scum on a daily basis. I respond to suicides, homicides and accidental deaths regularly. I've seen a lot of ugly things, and here is what I know from experience: 1. The leading method of accidental death and suicide: prescription drugs. Most of those deaths were with prescription drugs handed out through various government programs (Medicaid, etc.) 2. I have responded to many more cases where a person used a gun to defend themselves, than had one used against them. For example - the woman who drew a pistol to stop two men who were trying to drag her from her car. Or how about the man who got his shotgun when three or four gang members were kicking in the door to his house? I could go on and on. Prior to joining my current department, I worked for a city where gun ownership was required of all residents. Even though the city was located near a very high crime international city, our jurisdiction had the lowest crime rate for the entire state, and one of the lowest for the entire region of the country. Don't believe the media hype. Guns save lives.
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In my state, the possession of marijuana is a crime. So, yes, as a general rule, people committing crimes are arrested.
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Honesty is an absolute requirement for being a police officer. I'm not sure if you are asking if you should lie on a background application or not, but no...you should always be completely honest. There are any number of reasons why someone might be disqualified, and a history of drug use is one of those things. Methamphetamine is a dangerous drug, and one with a high likelihood of addiction. The public is entitled to be reasonably sure that officers are not using dangerous, illegal drugs. I hope you are clean now, and stay clean for the rest of your life.
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Your premise is incorrect. Just because someone is a suspect doesn't mean that you have to read the Miranda warning to him or her. As a police officer, I can talk to a lot of suspects, and usually will, without ever reading the Miranda warning to them and the statements are completely admissible.
If a suspect is in custody, and I am questioning them, then they need to voluntarily waive the rights enumerated in the Miranda warning. But, even if they do not waive their rights, or if I never read the warning to them, any spontaneous statements are still admissible.
If a suspect is not in custody, i might need to read the Miranda warning to them, but it is a wide, gray area that is interpreted by the courts based on the totality of the circumstances.
If I am questioning a subject who is under arrest or otherwise in a position where I would be required to read the Miranda warning, and the subject exercises his or her right not to talk to me, then any evidence that I coerce from the individual...and anything that develops from that including physical evidence that I would not have found anyway...would be inadmissible.
Keep in mind these are generalities, every case is different, there is more than 200 years of case law interpreting this area of the law in the United States, and I am not an attorney.
Also keep in mind that "Miranda rights" do not exist. You may understand this, but many people do not. The Miranda case did not grant any new rights to people. Rather it was an interpretation of the rights conferred by natural law and codified in the Bill of Rights. The Miranda warning is merely a procedural reading of some of the rights that the accused has.
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School Bus Driver
If your bus is in an accident that was ruled your fault, would you lose your job?
Movie Theater Employee
Why is movie theater food so overpriced?
Former IRS Revenue Officer
Are IRS auditors more accommodating when you're polite with them?
For the elements of any crime, including disturbing the peace, I would suggest you research your state's laws and local ordinances. Every state has different elements for every crime and this is one law where there is a lot of variation. Additionally, many local jurisdictions have ordinances that cover this topic as well. It is impossible for me to give you the elements of this crime. In fact there is so much variance from jurisdiction to jurisdiction on this topic, that it is hard for me to even provide a general definition. Most breach of the peace type crimes involve some type of boisterous activity that serves no legitimate purpose which is likely to, or actually does, disturb the peacefulness of the citizens in the area. There may be certain activities that are specifically listed as examples, or even certain activities that are exempted from these statutes. In the past, some states and local jurisdictions have written these laws to be a "catch-all," and have been subsequently ruled unconstitutional as being too vague. Many/most of the disturbing the peace laws on the books today have withstood constitutional scrutiny. Exercising common courtesy will prevent anyone from being arrested and charged under these laws. Or as Michael Bane once said "Don't do stupid things in stupid places with stupid people."
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Compassion is an absolute necessity to be a good police officer. If you cannot be compassionate, I don't care to work with you. It is a tough thing, though, as we are constantly encountering people who need help - day in and day out. Where the average person may only experience strong feelings of compassion when watching a TV program or when a friend or family member needs help, we deal with it daily. It is very draining, physically and psychologically. For example, most people will never have to try to comfort a toddler after she had been abused by a parent. On a recent shift, I did that plus work with a mother who's son was missing and suicidal, deal with multiple homeless people, and work with an elderly man who is exceptionally lonely after his wife's death. And that is a pretty typical day. A number of psychologists developed the term "compassion fatigue" that describes what happens to cops when exposed to this environment long-term. Officers can internalize much of the despair and pain they see, and develop a more callous attitude.
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Yes, hearing stories of police officers abusing their positon pisses me off. Cops that commit crimes or otherwise act in unethical manners are very few when compared to the number of law enforcement officers on the job, yet they bring a lot of negative attention to the profession, tainting the public's view of the honest, hardworking cops.
There are plenty of time the media doesn't get the story right, which makes good cops look bad. How many times does the media run a broadcast of a mother who is crying the cops didn't have to shoot her son, yet never balance that against the fact that the "poor son" was a convicted felon who was trying to stab an officer to death? (The media is in the advertising business, not the factual reporting business. Never forget that.)
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