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Ohio police officers cited after man's death

Discussion in 'Cop Talk' started by ray9898, Sep 15, 2012.

  1. ray9898

    ray9898

    14,233
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    May 29, 2001
    Georgia
    CBS news


    Wow...the road to hell is paved with good intentions.

    They transport a drunk to the Taco Bell to wait for a ride instead of an arrest. They get charged when he is hit by a car an hour later.
     
    Last edited: Sep 15, 2012
  2. Steve in PA

    Steve in PA

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    Pennsylvania
    Sorry, but in this situation they should have had someone come and pick him up at the scene or given him a courtesy transport. In either case he would have been handed over to a sober, competent person.
     


  3. CLoft239

    CLoft239 I Like Turtles

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    Oklahoma, USA
    They didn't think they could charge with DUI? UM... well, what happened to APC or PI?

    I don't give courtesy rides. If I'm kind enough to let them call a ride, which is rare, I always make sure to stick around to make sure a sober person pick them up before i clear off. If they can't find a ride, I PI them and to the drunk tank they go. I'm not a taxi, I don't give drunks a ride home.

    Sent from the Titanic. I named my phone "The Titanic" so when I plug it into the computer it says "The Titanic is syncing".
     
  4. Bren

    Bren NRA Life Member

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    Kentucky
    Interesting, but they won't be convicted. Their opinion of whether he committed the offense is pretty much the end of the story. If it was their opinion that they didn't have PC to arrest, they couldn't arrest. Here and most places, it is a legal requirement of a valid arrest that the arresting officer "believes" the arrest to be lawful. However, Ohio law is fairly strange and may be different.

    The most interesting thing about the thread will be that the same people who would claim the racist polcie were "profiling" poor Uriel Juarez Popoca, if they arrested him, are trying to come up with good insults and arguments against the police for giving him a break and giving him a ride.
     
    Last edited: Sep 15, 2012
  5. CLoft239

    CLoft239 I Like Turtles

    657
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    Oct 30, 2011
    Oklahoma, USA
    Can't please all of the people, all of the time. And some people you can't please at all...



    Sent from the Titanic. I named my phone "The Titanic" so when I plug it into the computer it says "The Titanic is syncing".
     
    Last edited: Sep 15, 2012
  6. Keoking

    Keoking

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    Rowlett, TX
    True story.

    Fraternity brother of mine was drunk and snagged by police while walking on the street. Convinced the officer to drop him off at a friend's house.
    Did not mention that his car was there. He hop's in and wrecks on the way home.
    He nearly dies from his stupidity. Gets a good lawyer and sues the police dept. Wins.
    I know he came out if it several hundred thousand ahead.

    WTF?
     
  7. ray9898

    ray9898

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    Georgia
    Guess it depends on their laws. In GA for example our public intox law has an additional element of some type of disorderly conduct. Simply being under the influence is not criminal.
     
  8. Bren

    Bren NRA Life Member

    42,104
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    Kentucky
    Where I used to work, it was the prosecutor's opinion that inside a car is not "public" so people in a car could not be charged with public intoxication offenses. In a case like the one described, we could have charged the guy with DUI with some additional evidence, but if the car was broken down, he didn't have the keys, or something like that, we couldn't arrest him.

    It just crossed my mind: they picked up a drunk Mexican who ddn't speak much English, and they dropped him off at Taco bell?:rofl:
     
    Last edited: Sep 15, 2012
  9. CLoft239

    CLoft239 I Like Turtles

    657
    1
    Oct 30, 2011
    Oklahoma, USA
    Wow... I guess we have it pretty decent here then.. the last dept I worked at, the DA was even happier to charge. Almost nothing got kicked back. Where I'm at now, it's kind if iffy.

    APC would have been the route to go in this case assuming the vehicle was functional (here anyways). All we need to meet APC (aside from them being intoxicated) is that the vehicle be capable of moving on it's own power. If it can move forwards, and backwards, we're generally good to go.

    Sent from the Titanic. I named my phone "The Titanic" so when I plug it into the computer it says "The Titanic is syncing".
     
    Last edited: Sep 15, 2012
  10. Schaffer

    Schaffer

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    I've had several people try to get my to drop them off places that werent home after getting blood drawn.

    No I'm not dropping you off at your car so you can get things out,no I won't drop you off a block away because it will embarrass your kids and no I won't drop you off at the local gas station.
     
  11. dano1427

    dano1427

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    I don't have the citation, but there was case law regarding volitional movement in regards to a DUI (i.e., if the car wasn't moving, it wasn't considered a DUI).

    I can't due an intox. in public out of a car. The car is considered a "private" area, in much the same way that I can't take someone out of their house for being drunk, etc.
     
  12. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    In this day and age of nanny state no personal responsibility the officers left themselves open to trouble by just dropping him off.

    I do not however agree that they should be charged. The intoxicated person was an adult and responsible for himself. They removed him from danger and potential danger to the public by removing him from the highway median. Citing them because the fool got himself killed an hour later is just BS.
     
  13. Lemme guess: a certain chief prosecutor is looking to make a name for themself?

    Wouldn't fly here, even in 9th Circus country. Now, for a civil matter? Of course.
     
  14. ray9898

    ray9898

    14,233
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    Georgia
    My issue is just because an adult is intoxicated does not mean they lose all personal responsibility for their decisions. While a common option is to 'release' them to another sober adult in reality that is not fixing the problem either because no legal custodial power exists.

    If this becomes a trend are we going to be held responsible if someone does something stupid after we have a friend or family member pick them up?
     
  15. CAcop

    CAcop

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    California
    Here in CA if someone doesn't meet the definition of DUI (in or about vehicle in control) and they are not drunk in public (not intoxicated to the point they can no longer care for themselves) we can't arrest them.

    Now most officers if they can push drunk in public they will. If they have to. They try not to because if they go to arrest the guy and he fight and gets hurt guess who is in the jackpot now?

    Sometimes the only way to stay out of trouble in this job is to call in sick.
     
    Last edited: Sep 16, 2012
  16. FiremanMike

    FiremanMike Way too busy

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    The interwebs
    Physical Control OVI is on the books here in Ohio.

    The dash-cam audio is what's going to **** them more than anything else..
     
    Last edited: Sep 16, 2012
  17. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

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    At the rate it is going if something happens to the pick up person while they are on the way to pick up the drunk the cops will be at fault.
     
  18. merlynusn

    merlynusn

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    NC
    Our public intox statute is "Intoxicated and Disruptive" so there has to be a disruptive part. Typically if they are that drunk, we call EMS and have them transport to the hospital since they can't make decisions on their own.

    For a DWI, you can be in physical control of the vehicle (sitting in the drivers seat with the keys in your possession). Not saying it'll get prosecuted, but you can make the arrest. You absolutely will lose it in court though. I can see some officers (if court is same way here) that would say why bother. Why waste 3-4 hours that night, plus 7-8 court dates on something that will never result in a conviction, when you can drop him off and get a ride and you're done in an hour.

    But honestly, if you have 2 Deputies and a Trooper who don't believe an arrest can be made, then I'm guessing no arrest could have been made. Does anyone know a Trooper anywhere that would turn down a DWI?
     
  19. 11A

    11A

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    I'm not far off from this area.

    If he was not actually driving, then they couldn't arrest him for OVI in Ohio. They could have gotten him for physical control (behind the wheel with keys within reach, so basically the passenger compartment). It's still an arrestable offense.
     
  20. DaBigBR

    DaBigBR No Infidels!

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    Circling the wagons.
    Won, or settled?

    We have a case in my state that says exactly that. A passenger in a vehicle cannot be arrested for Public Intoxication. Beyond that, if they leave the vehicle, it obviously needs to be of their own volition.

    And a drunk driving charge doesn't fly on APC alone (here, of course). That said, they found the guy in the median of the highway. I'm guessing one could easily articulate operation based on tire tracks, engine temperature, etc, etc, etc.