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the Chools
09-10-2006, 10:40 AM
I saw this on COPS. Can this possibly happen in real life?

A lady went down to the police station and "took out a warrant" on a man she knew, alledging improper sexual contact. Later that day, the police show up at the man's house and arrested him and hauled him off to jail, based solely on the lady's claims, and the fact that there had been a warrant taken out. There was no mention of any judge, investigation, facts, evidence - nuttin'. Only her word.

If this is true, I can see the potential for lots of abuse... anyone with a grudge against someone else can sure cause that person a lot of misery.

Bing_Oh
09-10-2006, 10:43 AM
That's because the judge, investigation, facts, and evidence are too boring for TV.

Bigg Dogg
09-10-2006, 10:48 AM
I saw this on COPS. Can this possibly happen in real life?

A lady went down to the police station and "took out a warrant" on a man she knew, alledging improper sexual contact. Later that day, the police show up at the man's house and arrested him and hauled him off to jail, based solely on the lady's claims, and the fact that there had been a warrant taken out. There was no mention of any judge, investigation, facts, evidence - nuttin'. Only her word.

If this is true, I can see the potential for lots of abuse... anyone with a grudge against someone else can sure cause that person a lot of misery.







You missed something in the Episode,you were not paying attention.The officer clearly stated that the woman went to the Magistrates office!!Now what is a Magistrate??You live in Texas,you have some right in your area.And something else if you were paying attention,he admitted to smacking her,i presume on the butt.That could be considered an assault.You got to pay attention when watching COPS,its the little things you have to catch on.The officer caught on them I guarantee ya.

Now did you notice the difference between how the Deputy in Riverside Ca,handled the stop on the car with the suspened license driver?The Deputy asks the subject to step out and blocks any escape paths by cornering him in the door jam of the car.Now how did the Florida Deputy handle the car suspected of making a drug transaction.He tells the guy to step out of the vehicle,lets him fiddle aroud with his cell phone,take it off,put it on the roof,then let him step out into the open with a clear escape alley to take off.Its the very little things that you have to catch on.As I was watching the Florida Deputy,as soon as he started talking to the guy,I said to myself,hes going to run.deputy leaves an escape route open.Sure nuff he took off.the wife was watching it with me and swore up and down that I had seen the episode before.Then she swore I had seen the previews,which I had not.It is the little things you have to catch onto as an officer.Do I catch onto all of them on duty,heck no,none of us do.But we need to try.And sitting at home watching it,it is alot easier to catch onto the little things.So try to catch on better.You watch COPS and then ask questions were in the episode pretty clear.Try to be a little bit more observant to what is happening.

The last paragraph was added in for the younger officers out there.

SHERIFF
09-10-2006, 11:02 AM
You also have to appear before a magistrate in Virginia. And you have to put your claim in writing and sign it.

Yes, abuse does take place. The police have no control over a complainant that lies to the magistrate. They have to serve the warrant once it is issued.

We once had a woman who lied and had her husband locked up real often on the weekends. Everybody assumed he was a repeat offender and would never learn his lesson. Her purpose in lying was so she could run around with other men without him catching them. She was finally set up big time, caught, and went to jail herself.

Centurion44
09-10-2006, 05:06 PM
Come on! She saw it all on cops. They don't edit shows like that. There was no evidence or sworn statements. It was all right there. Right, Chools?

Chools, do you have a job where people's lives are in your hands or you operate heavy machinery?

Bigg Dogg
09-10-2006, 05:17 PM
Come on! She saw it all on cops. They don't edit shows like that. There was no evidence or sworn statements. It was all right there. Right, Chools?

Chools, do you have a job where people's lives are in your hands or you operate heavy machinery?


LOL!!She darn sure has a TV though!!

CelticCop
09-10-2006, 05:24 PM
Having gone to the Magistrate in VA to swear out complaints I'll tell you how it goes.

You go in and fill out the proper form with all of the information, when completed you go into the office itself and give the form to the Magistrate on duty. They will look it over and decide whether it is worth doing. They will then have you repeat an oath: "Do you swear and affirm that the information you have given is true and complete to the best of your knowledge?" You raise your right hand and answer "I Do." The deed is done. If it's not worth pursuing they will usually chew you out and send you packing.

This is for Misdemeanor and Felony warrants.

It's a beautiful thing.

SHERIFF
09-10-2006, 08:26 PM
Did you ever get the divorce? :eek:

Is that the best BS you could come up with in this subject? :D

Bigg Dogg
09-10-2006, 09:10 PM
I thought it was pretty good also. :)

GatorPD
09-10-2006, 11:04 PM
In Florida, it works similarly. We have a "sworn complaint" process which is this state's replacement for the citizen's arrest. A citizen cannot arrest someone in Florida, period (with a few minor exceptions pertaining to businesses and prevention of the loss of their goods mainly). Anyone can, however, fill out a sworn complaint which is sent to the State Attourney's office, who decides, based on the testimony, if they want to investigate/try to prosecute the case. If the testimony is enough, they will ask a judge to issue a warrant and go from there.

CelticCop
09-11-2006, 12:11 AM
So, WTF is a person supposed to do if a BG breaks into their house unarmed? You can't shoot 'em. How in the H*LL are you supposed to detain without deadly force and no citizen's arrest powers? Something's wrong there...

You break in my house you ain't going out unless you're in cuffs or a body bag.

Bigg Dogg
09-11-2006, 01:38 AM
So, WTF is a person supposed to do if a BG breaks into their house unarmed? You can't shoot 'em. How in the H*LL are you supposed to detain without deadly force and no citizen's arrest powers? Something's wrong there...

You break in my house you ain't going out unless you're in cuffs or a body bag.


did i miss something??? :confused:

CelticCop
09-11-2006, 01:59 AM
Yeah, Gator's post as to the lack of citizen's arrest powers in Florida.

That makes no sense to me. In the Commonwealth a citizen can detain for up to 45 minutes before they even have to call the police. You better have a good reason to do so if you wait that long.

Now, if you throw a trespasser off your property and they come back and scoot before you can detain them, then you go to the Magistrates office and file a warrant for the offense.

GatorPD
09-16-2006, 06:57 AM
So, WTF is a person supposed to do if a BG breaks into their house unarmed? You can't shoot 'em. How in the H*LL are you supposed to detain without deadly force and no citizen's arrest powers? Something's wrong there...

You break in my house you ain't going out unless you're in cuffs or a body bag.

As a private citizen, and someone breaks into your house, you cannot arrest them.

You are, however, more than welcome to put a bullet between their eyes, or if the situation doesnt constitute a Forcible Felony (say, you left your door open and an eldery neighbor decides to snoop around in your home) you can still restrain them or use whatever other force is necessary. You just cant "arrest" them. The police will make the formal arrest when they arrive.

FSS 776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

10 FORTY 3
09-16-2006, 08:16 PM
That happens everyday in North Carolina with our f*cked up judicial system. Anyone can go to the Magistrate in their county and come up with some sob story against another person and if the magistrate believes them...the next thing you know, there is a warrant out for your arrest. Not a summons to appear and explain yourself to the judge...a WARRANT FOR ARREST. I like the way North Carolina does things for the most part, but it is way to easy to draw up charges on someone in this state. I have taken many people to jail on warrants that I truely believe are innocent, but never the less I still have a job to do!

GatorPD
09-16-2006, 09:53 PM
Ahh, found the one I was looking for.

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

L-1
09-16-2006, 10:53 PM
Come on Chools, fess up. You really don't want to know the answer. You're merely a plant, paid by o.com to stir up message traffic by posting question after question. (GD&R)

Unsworn
09-16-2006, 11:58 PM
You got to pay attention when watching COPS,its the little things you have to catch on.The officer caught on them I guarantee ya.

Now did you notice the difference between how the Deputy in Riverside Ca,handled the stop on the car with the suspened license driver?The Deputy asks the subject to step out and blocks any escape paths by cornering him in the door jam of the car.Now how did the Florida Deputy handle the car suspected of making a drug transaction.He tells the guy to step out of the vehicle,lets him fiddle aroud with his cell phone,take it off,put it on the roof,then let him step out into the open with a clear escape alley to take off.Its the very little things that you have to catch on.As I was watching the Florida Deputy,as soon as he started talking to the guy,I said to myself,hes going to run.deputy leaves an escape route open.Sure nuff he took off.the wife was watching it with me and swore up and down that I had seen the episode before.Then she swore I had seen the previews,which I had not.It is the little things you have to catch onto as an officer.Do I catch onto all of them on duty,heck no,none of us do.But we need to try.And sitting at home watching it,it is alot easier to catch onto the little things.So try to catch on better.You watch COPS and then ask questions were in the episode pretty clear.Try to be a little bit more observant to what is happening.

The last paragraph was added in for the younger officers out there.
After I started getting educated I happened to catch an episode (occasionally I'll watch 'em cause they usually find some pretty funny stuff) I armchair quarterbacked the s*** out of the show, even when the guy didn't run (everyone that did I could tell almost the second they were confronted, for the reasons mentioned) I was pointing out things he did or wrong, or where the officer failed to descalate, instead intesified and ended up having to bring the suspect to the ground instead of getting him to be taken into custody calmly. Yes its important stuff to be aware of, but so much of it is absoulute basic communication and command presance skills it drives me nuts. Yes I do think its good to watch once in a while just so I can do the okay, how would I handle this situation, so its one more area I'm mentally prepared for; but it is not something I can watch with any regularity now.

I do however enjoy the Dallas SWAT show on A&E and the texas SWAT shows on CourtTV; overly condensed, and think sometimes there is a little showing off for the cameras, but its good at showing theevents and whats important.

firemanjb
09-20-2006, 11:01 AM
I saw this on COPS. Can this possibly happen in real life?

A lady went down to the police station and "took out a warrant" on a man she knew, alledging improper sexual contact. Later that day, the police show up at the man's house and arrested him and hauled him off to jail, based solely on the lady's claims, and the fact that there had been a warrant taken out. There was no mention of any judge, investigation, facts, evidence - nuttin'. Only her word.

If this is true, I can see the potential for lots of abuse... anyone with a grudge against someone else can sure cause that person a lot of misery.


Locally, a citizen may go the County Attorney's office to file a criminal complaint. If the evidence is marginal, the CA will help the citizen obtain a summons (order to appear in court), which will not have an assigned date until the alleged violator is contacted by police and issued a court date. If there is sufficient probably cause to obtain a warrant, then a judge will be asked to sign an arrest warrant.

Patrol officers can get arrest warrants as well...and all we have to do is state probable cause on the warrant. This is based "solely on the lady's claims," if it is a female officer, which isn't that much different.