You got some low standards, mistermack.mistermack wrote:Nothing wrong with any of that.

You got some low standards, mistermack.mistermack wrote:Nothing wrong with any of that.
I mean nothing wrong with the verdict. Obviously, as I said, they both behaved like dickheads.piscator wrote:You got some low standards, mistermack.mistermack wrote:Nothing wrong with any of that.
Never argue with a cop in the field if he's being an officious dick, just shut your pie-hole and let him arrest you and take you in, because he's going to have to prove in court, to a jury, beyond a reasonable doubt that you were "operating a motor vehicle while intoxicated," which the Marine wasn't doing.piscator wrote:OK Seth, try this one on:
Marine
Just back from Fallujah, literally
picks up hometown pizza and beer on way home from airport
shags wife, eats pizza, drinks beer, realizes he left smokes in car
pants on, no shirt, tiptoes across the frosty front yard to Marlboro Lights in car.
Cop
next door neighbor
just coming home, off a shift
Off duty
decides Marine needs a breathalyzer
calls it in,
Cop exits his vehicle in his driveway of his home, lights on.
Marine explains he's not driving, hasn't driven since he left Iraq, and has no plans to drive,
just fetching his smokes, he'd be dressed for the weather were he operating a motor vehicle,
instead of half naked in his front yard.
Cop says take the breathalyzer
or you're going to jail.
Marine says I'm walking back to my house no hard feelings but
I'll take your breathalyzer tomorrow, Bob, it's freezing out here.
Police officer attempts to arrewst DWI suspect.
They roll around on the ground.
Cop gets killed with his own weapon in front of his wife and daughter.
Marine gets Life.
Well, as this is an apparently hypothetical example, I accept the incident as described.Sean Hayden wrote:It sounds like a tragedy to me. I wouldn't be too quick to call the cop a dick either. Nobody likes drunk drivers.
He is not? Off duty cop sees someone in a car of his neighbour's driveway. Demands that person to take a breathalyser test. Neighbour explains that he was not driving his car. He was just retrieving the cigarettes he left behind. Cop insists on test. Neighbour refuses. Cop makes move to arrest him.Sean Hayden wrote:I wouldn't be too quick to call the cop a dick either.
It was absolutely a tragedy.Sean Hayden wrote:It sounds like a tragedy to me. I wouldn't be too quick to call the cop a dick either. Nobody likes drunk drivers.
The cop cannot administer breathalyzer, legally speaking, to non-driving person on private property. In some states, DWI is considered being behind the driver's seat with the keys in the ignition, in other states the vehicle needs to be in motion. Neither circumstance is mentioned in your vignette. An off-duty cop in America cannot simply decide you need a breathalyzer on your own property. If you have a case in the system showing otherwise, please lay it out.piscator wrote:OK Seth, try this one on:
Marine
Just back from Fallujah, literally
picks up hometown pizza and beer on way home from airport
shags wife, eats pizza, drinks beer, realizes he left smokes in car
pants on, no shirt, tiptoes across the frosty front yard to Marlboro Lights in car.
Cop
next door neighbor
just coming home, off a shift
Off duty
decides Marine needs a breathalyzer
calls it in,
Cop exits his vehicle in his driveway of his home, lights on.
Marine explains he's not driving, hasn't driven since he left Iraq, and has no plans to drive,
just fetching his smokes, he'd be dressed for the weather were he operating a motor vehicle,
instead of half naked in his front yard.
Cop says take the breathalyzer
or you're going to jail.
Marine says I'm walking back to my house no hard feelings but
I'll take your breathalyzer tomorrow, Bob, it's freezing out here.
Police officer attempts to arrewst DWI suspect.
They roll around on the ground.
Cop gets killed with his own weapon in front of his wife and daughter.
Marine gets Life.
I don't know the law in the US, but I doubt if it's as simple as that.Thumpalumpacus wrote: The cop cannot administer breathalyzer, legally speaking, to non-driving person on private property. In some states, DWI is considered being behind the driver's seat with the keys in the ignition, in other states the vehicle needs to be in motion. Neither circumstance is mentioned in your vignette. An off-duty cop in America cannot simply decide you need a breathalyzer on your own property. If you have a case in the system showing otherwise, please lay it out.
Not here. The cop can't even detain someone unless he has a reasonable suspicion that a crime has been, is being, or is about to be committed.mistermack wrote:I don't know the law in the US, but I doubt if it's as simple as that.Thumpalumpacus wrote: The cop cannot administer breathalyzer, legally speaking, to non-driving person on private property. In some states, DWI is considered being behind the driver's seat with the keys in the ignition, in other states the vehicle needs to be in motion. Neither circumstance is mentioned in your vignette. An off-duty cop in America cannot simply decide you need a breathalyzer on your own property. If you have a case in the system showing otherwise, please lay it out.
In this country, if a cop has reason to believe that you did drive the car, he's entitled to require a breath test. For instance, a cop follows a car that is driving erratically. The car shoots off, and the cop temporarily loses contact. The cop turns a corner, and finds the car parked off the road, with a man in the passenger seat, who says that he wasn't driving. The cop can require a breath test, on the SUSPICION that he had been driving. I'd be very surprised if the same didn't apply across the US.
This cop was doing much the same. Requiring a breath test on suspicion that the marine had been driving. The fact that he might have been wrong, or stupid, to continue with that suspicion is irrelevant to his right to require a breath test.
And even if he didn't have that right, that doesn't automatically bestow the right to resist arrest on the marine. Cops are allowed to get it wrong. They are human. That doesn't remove their right to arrest a suspect.
JimC wrote:Clearly the best thing to do is to drive an armoured vehicle. Lock the doors and tell the cops to fuck off!
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