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To: R. Scott
And many officers would immediately take this as an admission of guilt

I seriously doubt any experienced officer would.. the fact is it would have the opposite effect.. it would show the officer that you are being coopertive and understand and respect his role.

IN FACT... in many cases I have had to explain to a coopertive suspect what actions raised the "probable cause" flag.. not only that, I often tell a suspect that personally I am not convinced "beyond a reasonable doubt" that he is guilty, but that based on the "probable cause" rule I have to make a decision whether to arrest you or not.. often a coopertive suspect "explaining" their actions BEFORE a physical arrest takes place results in NO ARREST at all.. but I still write a report and in my report I simply state that the suspects explaination raised doubt of "probable cause"... not only that.... it shows the officer that you are NO "resisting arrest" in fact you WELCOME the arrest, if the officer really thinks his "probable cause" is that strong after your "explaination".....

HOWEVER, on the other hand.. if a person is not coopertive.... "resisting arrest"... etc.., I would be very likely to go with the physical arrest, even with the "weak" probable cause... and let the jury decide.....

David

88 posted on 08/31/2007 10:45:44 PM PDT by davidosborne (http://DuncanHunter.meetup.com/1 - GrassRoots Organization(s-) to elect Duncan Hunter)
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To: davidosborne

You may well be the exception to the rule. People tend to base their opinion on personal experience, with the exception of friends I’ve had (good people off duty) my experience has not been all that pleasant - with one exception. A motor officer challenged me to a drag race. I was riding an FXRT (P) and he wanted to check it out. I dusted his cookies. We stopped and he checked out the Harley. The FXRT (P) later became the FXRP. The next day he nailed me for doing 41 mph in a 35 zone. I had no problem with it. We were even talking and joking about it when I paid my fine.
I won’t list all other encounters. I was never a “suspect” except for that one time in the Army, but I never encountered “Officer Friendly”. I’ve always believed in smiling and maintaining my cool. It does no good to argue with a cop - save it for court if it goes that far.
The one encounter I will mention happened when I lived out in the County. The quickest police response time to our area was half an hour. Several of us saw two men breaking into the general store near us. We called the Sheriff and detained the bad guys. Deputies showed up half an hour later and the first question they asked us was “Why do you people have guns?” While one deputy arrested the burglars the other lectured us on the dangers of “civilians” (!! we were all career Army!) confronting criminals. He ordered us never to do it again. Several weeks later a car load of drunks pulled up to the store and tried to buy beer. The owner refused and they attempted a burn out - ending in a ditch. The Sheriff was called and we stood around watching the drunks dig their car out with an entrenching tool. An hour later the same deputies showed up. Their first question? “Why didn’t you detain them?”


92 posted on 09/01/2007 3:21:13 AM PDT by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink)
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