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04-21-2017, 02:26 AM #11UnregisteredGuest
04-21-2017, 05:44 AM #12UnregisteredGuest
Every case is different. I applied it once for a stop on midnight shift when I saw two people at the door of a business that had been closed for hours. As it turned out, they were a male & female looking for some alone time, so that dispelled any alarm. The male had a warrant, so he was arrested for that. Had they refused to say why they were there, then yes they would have been arrested for L&P. I recall an informal description of this type of crime was being stupid out of season. Had they simply been walking on the sidewalk in front of the business there would not have been a valid reason to stop them.
Here's the Florida bar's take on L&P from 1997 as revised in 2012:
The senior trooper in NJ clearly realized the rookies had made a critical mistake and did what he could to make the attorney whole. IMO she'll get some type of settlement.
04-21-2017, 10:36 AM #13UnregisteredGuest
Playing Devils advocate in attempt to further a good, so far, intelligent conversation.
Part of our job is to make sure the DL is not fraudulent or fake, or damaged right? The purpose of the license is to ID the driver and the address. Can you positively identify the person (simply meaning matching their photo with the person), verify address, and confirming the DL is not fraudulent, if the driver doesn't hand over the DL. Sure I guess you could, but I would prefer to cover my @$$. I have been to identify hearings of people who claim they were not the person driving, even when they physically produced the DL. On one of those occasions the defendant had pictures of the individual using her identity. They looked very similar. She was a legit victim of fraud. If you ask for the DL to be turned over physically, and they refuse, after explaining your reasoning such as listed above, what I am saying is proper creative and articulate writing you can arrest the subject, and you would be good. If the report sounds vindictive and spiteful then yeah no bueno. Make the report sound as if you are trying to do you job and investigate all documents, (because isn't false representation of insurance a misdemeanor as well? ) occupants etc within the extent of the stop. Just my opinion. Remember we can't let the driver control the stop.
04-21-2017, 12:18 PM #14UnregisteredGuest
Back to the original question. Regardless of what some may argue, the answer is: NO!
04-21-2017, 02:05 PM #15UnregisteredGuest
For all garden variety cases: IF an arrest is made, then it is done based on the PC of a crime that is fully explained in an affidavit.
04-21-2017, 06:10 PM #16UnregisteredGuest
And troopers question why the Legislature is starting the dismantling of FHP.....
04-21-2017, 06:13 PM #17UnregisteredGuest
Today, 04:31 AM #18UnregisteredGuest
HB 7061 died
I agree with the other post here that the replies for the most part have been very intelligent and accurate. That's unusual for this site but good to see.
Today, 02:29 PM #19UnregisteredGuest
The word "retaliate" is completely inappropriate. LEOs should not ever retaliate. Carry on.