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Taking People In for Questioning.

Discussion in 'Cop Talk' started by Bren, Sep 13, 2013.

  1. Bren

    Bren NRA Life Member

    Jan 16, 2005
    This should really go in Okie's Corral, both for entertainment and to educate the nut fringe, but you know how sensitive Glock Talk is - what if there's controversy?

    Anyhow, I was just watching an episode of Dexter (bootleg DVDs of 7 seasons for $27, here in Afghanistan). A scene came up with the standard movie/TV cop show thing: "you can't arrest me" - "we can take you in for questioning" - "yes, but only for a day".:rofl:

    I have brought this up several times in threads about stupid things people believe about the police, but I decided to search on google and see how this was being discussed in the rest of the world. It's not mentioned that I can find. Even on a blog article about stupid things people believe about the police because they saw it on TV, it wasn't mentioned.

    When I was an officer, I even had a lieutenant who used to do it - he worded his requests in such a way that he never told a person they had to come, but he implied it and let television do the rest. They always came ("voluntarily").

    Is this the most widely believe, TV-inspired, legal misconception in America?
    Last edited: Sep 13, 2013
  2. Whew, that was close!

    A detective made an appointment with me to ask some questions about some joinder I made with this hawt chick, but I didn't want to go down there. The appointment was going to interfere with my private citizen patrol down at the local mall.

    Now, thanks to the Internet, I don't have to go!!:tongueout:

    Stay safe in the sandbox, Bren. Do what you gotta do, then get home!:patriot:

  3. In my experience, the biggest misconception is Miranda.

    I can't even put a number on all the drunks/warrant arrests or other in person/on view arrests that have been made in our place where there is no need at all for interogation but yet we have the arrestee trying to taunt the arresting officer that " you didn't read me Miranda".....

    It's funny to see when they're released ROR and are walking out of the lobby with their buddies how they're gonna get off because they weren't Mirandized. Also funny to see one every now and then try to lodge an IA over it.

    It's downright amusing to see an attorney try to bring it up in municipal court only to be schooled by the judge in front of everyone.
  4. collim1

    collim1 Shower Time!

    Mar 14, 2005
    The Miranda thing gets old, and problem is our admin and court just wants us to read it to everyone now to avoid all the BS complaints and arguments in court. Talk about a way to to shut someone up in a hurry.
  5. indigent

    indigent Bamboozled

    Jul 2, 2005
    Dude........ It' a good thing you didn't have your exigent circus pants on......
  6. Bren

    Bren NRA Life Member

    Jan 16, 2005
    Reminds me of the fellow who wanted the court to give him a free lawyer because he was indignant. No, I didn't make that up.
  7. Phone calls, good God, phone calls.

    I get so tired of explaining to people why they don't automatically get a free phone call as soon as they walk into booking.

    Most folks only ask for their "one free phone call" but there are quite a few that demand unlimited access to their smartphones so they can text, tweet, blog, and FB post to all their peeps about how hard-core they are in city lock-up.:upeyes:

    Runner up is Miranda, definitely. No, I don't need to read you your rights to ask you your address, take your photo, or print you.
  8. Kahr_Glockman


    Feb 26, 2005
    Dusting for prints. I hate it when people ask why I dont dust for prints. In almost eleven years I have gotten prints 3 times in a burglary.

    I always end up explaining that it is not real effective and that most surfaces are designed to not show prints, and that they opened the car/glovebox/door/ect... after the act and that I will probably only get their prints. Also fingerprint powder is nasty and wont come off of car surfaces and that their 2014 80k car will be stained for no reason.

    The usual response "That makes sense."

    CSI needs to die.
  9. Batesmotel


    Apr 5, 2007
    A friend is a civilian employee with Clark County Jail. When that show came out EVERYONE believed the lab in the show was the one in the jail.
  10. The number of people who have come up to me and asked my advice on how they or their kid can become "a CSI" is in the double digits.

    When I tell them it is a creation of Hollywood, and that evidence technicians do not generally interrogate suspects or chase bad guys (or drive Hummers), very few actually say "that makes sense". More often, they just keep on prattling on about how little Johnny or Susie is going to be one of them CSIs.

    I talked to a prosecutor friend of mine who said they have similar issues with jurors who expect both a CSI moment, and a Jack Nicholson/A Few Good Men moment during a trial.

    Sent from my MB865 using Ohub Campfire mobile app
  11. Sharkey


    Nov 21, 2006
    DFW, TX
    They all learns the law by watchings the TV the parents set them in front of when the parents hads to go out and makes some money. Those welfare checks don't last all month you know.................

    Most of the lawyer types I came across were when I was about to do a search of their vehicle.

    I was in a squad before the cameras. When they told me I was gonna get sued (usually by a drunk), I would just say go ahead, I needed the OT. If they wanted to fight, I told them they would have their chance during book in when I took the cuffs off and my gun was secure.
    Last edited: Sep 13, 2013
  12. fastbolt


    Jun 9, 2002
    CA Central Coast
    Yeah, talk about the "CSI Effect" on juries. :faint:

    Throwing print powder around creates a cleanup problem they never show on TV. ;)

    Although, to be fair, as a young cop there was a res/burg case where I was subpoenaed to a jury trial after some latent lifts I did got a match and someone was arrested (guess the history :whistling: ). Talk about being surprised to be be subpoenaed to that sort of case.

    Luckily, that was a call where I'd had some extra time on my hands and did some extra lifts, a couple of which were on the inside surface of the outside pane of a double paned window that was the apparent POE. Some of the lifts were bloody latents, as well as powder.

    When the suspect's prints were lifted from the inside of the double-paned window, in a manner that appeared as though a hand was on the outside of the window, trying pull out a larger section of broken glass from the outside of the window, and blood was left (no DNA back then for such cases, though) ... the defense attorney couldn't explain it away and the jury convicted. He actually got State time, no less. Weird. What are the chances?

    That was the exception to the rule, though.

    Of course, there was that time a local businessman called me about some stranger trying to sell him some power tools and equipment which the businessman recognized as being his tools. :wow:

    Of course, after the detention & subsequent arrest, then I had to go to the businessman's house several blocks away and do the res/burg investigation and report. Made it kind of interesting to do it backwards. :rofl:
    Last edited: Sep 13, 2013
  13. CAcop


    Jul 21, 2002
    I have had to do that a few times. It is kind of funny.
  14. fastbolt


    Jun 9, 2002
    CA Central Coast
    It doesn't really ruin it to know how the story ends, either, does it? ;)
    Last edited: Sep 13, 2013
  15. Dukeboy01

    Dukeboy01 Pretty Ladies!

    Apr 30, 2000
    Lexington, KY
    Good Lord, where to begin?

    Miranda is probably the biggest misconception among suspects/ defendants.

    Fingerprinting/ the value of DNA evidence/ everything else CSI related is (are) probably the biggest misconception among victims. I hate CSI. They should have to run a disclaimer before the opening credits of every episode and every time they return from a commercial break.

    Of course, half the time cops don't know much more about when Miranda is required or when they have to have a search warrant for stuff than civilians do.
  16. ray9898


    May 29, 2001
    I agree with the my experience it is Miranda followed by CSI stuff.
  17. seanmac45

    seanmac45 CLM

    Apr 13, 2000
    Brooklyn, NY
    Let's not even broach the topic of Stop, Question, and Frisk (Terry Stops).

    It makes my head spin.
  18. MW2001


    May 20, 2001
    "I'm pressing charges."

    Had that last night stem from a bar fight, and from a witness no less. When I told the female Jabba The Hut looking creature who was sporting a fine neck tattoo that a witness can't "press charges" she became indignant and told me that she was a LE student :rofl:
  19. CAcop


    Jul 21, 2002
    Because of the drama at your former department I think we as a profession need to call them Terry Stops rather than stop and frisk or FI.

    Then when people ask what does Terry Stop mean we launch into the facts surrounding Terry and his arrest and the court decision with his name on it. Even the most ignorant will get it. The only ones who will argue are those with agendas other than justice.
  20. Ohio Cop

    Ohio Cop

    Mar 1, 2012
    The Rust Belt.
    Those are the worst kind.

    "I'm a criminal justice major".