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Just because you can (arrest) doesn't mean you should (arrest)

Discussion in 'The Okie Corral' started by PhoneCop, Jan 6, 2010.

  1. PhoneCop

    PhoneCop TeleDetective

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    This is dedicated to all my liberal frien... associates who lacking facts accuse AT&T of releasing their information.

    This is how AT&T and SBC before conduct business.

    http://examiner-enterprise.com/articles/2009/09/27/news/news394.txt

     
  2. G26S239

    G26S239 NRA Patron

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    Aren't Police supposed to be trained in things like applying for search warrants and subpoenas where needed? I hope Myers sues and gets a judgement against the city for false arrest.
     

  3. PhoneCop

    PhoneCop TeleDetective

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    Suit is pending.
     
  4. Morris

    Morris CLM

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    All that for a hit & run? Wow. In most cases like that, the insurance companies will do a more intensive job than we can and have better access to things.

    Let the insurance companies solve the problem.
     
  5. John Galt

    John Galt Anti-Federalist

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    How long was he in jail?
     
  6. glock19_fan

    glock19_fan ... --- ...

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    Agree fully. I was the victim of a hit & run, took down the license plate, saw the driver. The police didn't even want me to come in to take a photo line up. The other driver got away scot free.

    Why isn't there some moderation in these things?
     
  7. Gallium

    Gallium CLM

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    Sounds like the man was a witness to the hit n run.

    I am fairly certain if that vehicle had run over his ...let's say his 8yr old, popping her head open like a squashed grapefruit, he would not have been able to tell the cops fast enough who dunnit.

    But because he was an isolated 3rd party, no dice.

    Well, where do we draw the line between being a good witness and who you work for?

    If I, as an attorney (just visualize, dammit) saw a current client I was representing in court on an outstanding warrant for agg assault take a gun and shoot two kittens and a nun without provacation, am I restrained from giving the police that information?


    Ok back on topic, no, the man should not have been arrested, the police should have sought a warrant...but like I said, if the guy had run over his little Sally, he woulda popped out that name like Michelle Duggar pops out babies, and in 35 weeks 6 days less time.

    'Drew
     
  8. *ASH*

    *ASH* FURBANITE

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    was he wearing his hat/?
     
  9. Morris

    Morris CLM

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    Apparently not.
     
  10. ChaneyD

    ChaneyD

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    Unless there's an injury, police won't even show up because it's on private property here. Had my bike knocked over twice at Walmart and they asked if anyone was hurt; no; Told me to suck it up. Private property. That sucks.
     
  11. Isaiah1412

    Isaiah1412

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    An attorney cannot divulge any information which would violate client privilege. I do not think it's illegal for them to do so, but it would probably cost your your license to practice law, and any information you did reveal would almost certainly not be usable in a prosecution afterward.
     
  12. Derrin33

    Derrin33

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    I live in Bartlesville. This made a small tornado of outrage when this happened. Our police force is normally great. Never heard a bad thing about them...oh wait. There was the captain who got caught strealing pain meds out of the evidence room. Oh, and the senior cop who stole an M-16 from the department and sold it to a local gun shop. All this and the entire force is like 55 folks. There are some really good cops here in town. But, the stupid ones ain't helpin those guys out.
     
  13. Gallium

    Gallium CLM

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    The scenario I have outlined does not fall within the attorney-client privilige, I don't think, as the client did not solicit the attorney's representation for that specific act.

    Yes? No?

    'Drew
     
  14. Morris

    Morris CLM

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    We had a similar situation years ago. As there was the criminal element, we simply went the route of treating it as a criminal investigation. Subpoenas for information were sent out, employee provided the information once he had the corporate green light, case solved. Collisions are civil affairs that stray into the realm of criminal when the issue of hit & run/property or hit & run/injury are involved.
     
  15. Carrys

    Carrys Inquisitive

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    There's only one reason officers take/do accidents reports, and every officer with any brains knows it...........they do the job of/for the insurance companies.

    No comment/indictment of whether it's right or wrong, just saying what is.
     
  16. ray9898

    ray9898

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    Each state is different. Thankfully in GA leaving the scene of an accident where a 3rd partys property is damaged is a criminal act that is enforceable on private or public property.
     
  17. wizzi01

    wizzi01

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    I don't read it as he witnessed the hit and run. I read it as witnesses saw the hit and run then the vehicle was spotted in front of AT&T picking up the said customer.
     
  18. Morris

    Morris CLM

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    My chief and most of us at the department are in agreement.
     
  19. Adams454

    Adams454

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    I think you are making a bad comparison. In the scenario you described, the defendant would be protected in the original case. In the new case(new action) you would not yet be his attorney for that. And therefore would be a witness. And could do whatever you wanted with the new information. I wouldn't think that the attorney/client priveledge would extend beyond the original attorney/client agreement.

    Back on topic, I think that was a little heavy for a hit and run without injuries. And with the economy the way it is, I wouldn't risk my job for somebody elses dented bumper either. And I really couldn't expect them to take that risk for me.

    Maybe the cops should have asked management about the policy. Then they could know for sure if the employee could help them or not. Then go from there with warrants or whatever was needed.
     
    Last edited: Jan 7, 2010
  20. mdhandyman

    mdhandyman

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    Never I mean "NEVER" talk to the cops .:tongueout:


    :rofl: