TIP: Click on subject to list as thread! ANSI
echo: askacop
to: MIKE MCCANN
from: TOM RIGHTMER
date: 1998-03-14 00:11:00
subject: The Trees

 MM>                                     In this echo, jurisdictions are
 MM> muddled. everyone applies the standards they are familiar with which
 MM> are their own, and this is unsderstandable, but trying to apply ones
 MM> own legal requirements and expect them to be the same for everyone is
 MM> not realistic.
I understand that, but the basics are usually fairly close. If you are
referring to the message I'm thinking about, that would be bare bones basics.
Are you saying there are some jurisdictions where an officer can make a
misdemeanor arrest for an offense not committed in his presence without one
or more of the following: 1) a citizen affiant; 2) a citizen filing and/or
signing paperwork; 3) a citizen's arrest? I realize there are exceptions to
this rule in most jurisdictions, and some of those exceptions might be
different, but the exceptions are usually a very small list. The point would
be simple, without a witness to the offense who is willing to serve, there is
no case.
Some examples of exceptions in my jurisdiction would be: 1) domestic abuse
with injury and reasonable grounds to believe who the attacker was; 2) a
traffic violation as a result of an accident investigation; 3) radio
communications from one officer to another officer of a traffic violation; 4)
a warrant. I may have missed a couple at this late hour.
Tom Rightmer - A Victims' Rights Advocate
... What's the point-spread on World War III?
--- Blue Wave/DOS v2.30
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* Origin: 357 MAGNUM *Lawton, OK* 405-536-5032 (1:385/20)

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