gigag04 wrote:Chris wrote:
i forcibly removed and arrested a 68 y/o "grandma" from her vehicle when she refused to sign her citation.
I can totally see the reasoning for this. Don't get me wrong, but I must ask why is force warranted when there is no show of force at all from the person?
Half of me is playing devil's advocate, but PD is payed by taxpayers dollars and works FOR the citizens. It seems like there would be a different approach just for "refusal to sign."
Maybe I'm crazy but if I can get busted up by a cop just for not signing a ticket - something is wrong with things as they are.
While compliance with a peace officer is important, it seems like there is too much loose ground where I can get slammed about just for saying something the cop didn't like - under the guise of "refusal to comply" or some other justifiable reason for throwing around a tax paying citizen.
-nick
PS - these ARE NOT fighting words, i respect all the LEOs on this board, including Chris. These are just my honest opinions.
under the law, you must be afforded the opportunity to sign a promise to appear for any charge of speeding or possession of an open container. in the majority of courts, the comlaint is not valid if the person refuses to sign the citation. the signature is nothing more than a promise to appear; in other words, a personal recognizance bond. if you don't sign it, you are not promising anything.
i have seen a few courts that will allow the officer to just write refused, but most look at it as something that's required. all the courts i have worked under required a signature. if no signature, they were arrested.
there are plenty of agencies who use this the wrong way. instead of getting consent to search, they will stop for a traffic violation other than speeding and arrest you, search the car, and go about their business. there was a bill a year or two ago that perry vetoed that required police to have a policy that prohibited this. many already do. i like having the option to arrest though. at a class C offense domestic when neither will leave, i like being able to take one or both to prevent further violence. also, if someone is lacking proper identification, or they need further investigating, the time from an arrest can be used to find that. i've found a lot of dangerous felons doing this. i have never stopped someone and arrested them just to search the car; either i get consent, or i get a warrant. i had an agency try to get me to perform a stop like that for them and i refused. it caused a little bit of animosity between us, but i like to think i'm a pretty ethical person. this isn't generally something that happens to joe citizen unless they flat out refuse to sign. most who go to jail after refusing were overly informed of the consequences of their actions.
making people comply is part of the job. i prefer to get physical over other means of force, because i feel like i can control them faster. relying on tools requires reliance on those tools. and sometimes the tools fail leaving you somewhat stuck. but on the other hand, if i can avoid touching someone, i will at all costs. i think my personal skills are pretty good. i recently talked a guy out of his 18 wheeler where he was leaving to kill 2 police officers.
and you don't have to disclaim your posts as "not fighting words." i'm not that defensive about having police officer status. i'm chris first, cop second.