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This is what frustrates me with our legal system. Login/Join 
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This past Tuesday I was working, driving through sod fields. I was the only person in a 3 square mile area of wide open fields. As I was driving around, I noticed a person walking along one of the paths between plots, probably 200 yards away. It's private property, so I took notice, and continued about my business, assuming it was simply a local out for a walk. It's typical to see local elderly folks walking through, just having a look. We simply explain that the property is private and redirect them back to the main road. This person and I were headed the same direction so I planned to talk with him as soon as our paths crossed.

I parked at the end of the path he was on and waited for him. As I sat in my truck doing some paperwork, I would look over every so often to check his whereabouts. As he got to within 75yds, I noticed he was fiddling with his pants. As I tried to figure out what he was doing, I noticed he wasn't as old as I thought. He was probably 40 yrs old. All of a sudden, he breaks off in a sprint in my direction. He was fast! I had barely enough time to lock the doors and grab my pistol before he was coming around the back of my truck.

I was supposed to be the only person for miles, now I'm suddenly being rushed by a strange man. As he ran around to my drivers door, I'm thinking that I may in fact have to shoot someone. He slammed into my door and screamed "Man, you gotta get me outta here. I'll pay you whatever you want!" He was absolutely soaked and dripping with sweat. He demanded several times that i helo him get away. We had a tense and brief exchange as I told him he was on private property. As quickly as It began, he slammed his hands down on the door and took off running. He was running towards swamps and cattle pasture. Absolutely nothing in the direction he was headed except swampy pasture for 150 miles.

I called the sheriff's dept and requested a deputy. They quickly responded and caught him as he was crossing a canal 1/4 mile away. The deputies searched him, ran him thru their system, and told me they had no choice but to issue a ticket for trespass and take him to town. I explained that he was obviously running from from something and asked if they were certain therebwas nothing more they could. It's frustrating, bit with no crimes reported, they had to let him go. As we were driving back to the main road, we found a bicycle that had been thrown into a small pond. It was his bike. He didn't want it. Again, I pleaded for them to more thoroughly vet this guy before cutting him loose. There was nothing more they could do.

That happened Tuesday. Today, thursday, I see his mugshot in the news. He was arrested early this morning in the area that they dropped him off in for Burglary, grand theft of an auto and evading arrest.

It's frustrating to know that this could have been avoided with some good ol fashioned profiling.
 
Posts: 1150 | Registered: October 05, 2008Reply With QuoteReport This Post
Do No Harm,
Do Know Harm
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We chased one down a few weeks ago for breaking into someone's house in broad daylight. Ran from us, had to force him to comply. Red-friggin-handed. Had just been released for the same thing a couple of months prior.

Jail let him out the next day, no bond required. Put a GPS monitor on him that he promptly cut off.


He gone.


Up is down.




Knowing what one is talking about is widely admired but not strictly required here.

Although sometimes distracting, there is often a certain entertainment value to this easy standard.
-JALLEN

"All I need is a WAR ON DRUGS reference and I got myself a police thread BINGO." -jljones
 
Posts: 11466 | Location: NC | Registered: August 16, 2005Reply With QuoteReport This Post
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Chongo, I've been following your adventures for almost ten years and I surely feel for you and every other law enforcement officer on this board.
 
Posts: 1150 | Registered: October 05, 2008Reply With QuoteReport This Post
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I'm confused I guess. He was arrested and charged for the crime he was known to have committed (trespassing), and ran through the system, no outstanding warrants came up. What were they supposed to do, hold on suspicion of future (or past un-reported) crimes cause he's creepy?

It sounds like everything is working, you were alert, stayed safe, called the police and they caught him. Then, they caught him again for the more serious crime(s) as well.




“People have to really suffer before they can risk doing what they love.” –Chuck Palahnuik

Be harder to kill: https://preparefit.ck.page
 
Posts: 5043 | Location: Oregon | Registered: October 02, 2005Reply With QuoteReport This Post
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quote:
Originally posted by chongosuerte:
We chased one down a few weeks ago for breaking into someone's house in broad daylight. Ran from us, had to force him to comply. Red-friggin-handed. Had just been released for the same thing a couple of months prior.

Jail let him out the next day, no bond required. Put a GPS monitor on him that he promptly cut off.


He gone.


Up is down.


Gotta love Judges/Magistrates that do that.
 
Posts: 7163 | Registered: April 02, 2011Reply With QuoteReport This Post
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Cut of GPS monitor? Why isn't that automatic revoke bail and put in jail?
 
Posts: 1727 | Location: South.....Carolina | Registered: May 25, 2006Reply With QuoteReport This Post
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quote:
Originally posted by SIGguy229:
Cut of GPS monitor? Why isn't that automatic revoke bail and put in jail?


It probably is once they cross paths with him again.
 
Posts: 21421 | Registered: June 12, 2005Reply With QuoteReport This Post
Striker in waiting
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quote:
Originally posted by Strambo:
I'm confused I guess. He was arrested and charged for the crime he was known to have committed (trespassing), and ran through the system, no outstanding warrants came up. What were they supposed to do, hold on suspicion of future (or past un-reported) crimes cause he's creepy?

It sounds like everything is working, you were alert, stayed safe, called the police and they caught him. Then, they caught him again for the more serious crime(s) as well.


+1. I'm at a bit of a loss as to what the OP would like the legal system to look like which would have resulted in a different outcome. Maybe he left out some details?

-Rob




I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888

A=A
 
Posts: 16330 | Location: Maryland, AA Co. | Registered: March 16, 2006Reply With QuoteReport This Post
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I am confused as well. It seems as thought the authorities did everything they could. They can't hold on to the man for an extended time, simply because he might have done something. The fact that they showed up, identified him, might have had something to do with solving the burglary he was charged with.
If you truly want to get aggravated, look up what we are dealing with here in this lovely state of NJ. Search bail reform and be prepared to be even more aggravated.


Because son, it is what you are supposed to do.
 
Posts: 1865 | Location: Escaped to TN | Registered: October 29, 2004Reply With QuoteReport This Post
Oriental Redneck
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quote:
Originally posted by lopezp:
It's frustrating to know that this could have been avoided with some good ol fashioned profiling.

Confused


Q






 
Posts: 28036 | Location: TEXAS | Registered: September 04, 2008Reply With QuoteReport This Post
Sigforum K9 handler
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Most of the problem here lies with the state legislature trying to "fix" financial problems within the state budget by making more and more criminal activity "legal" so to speak.

Used to be we could arrest for way more than we can now. Juveniles went to juvy for running off, spitting on their parents, hitting their parents, and now they have to commit a violent felony (or three) for anything to be done. We just have to tell the parents "Sorry your kid is a little monster, if he does something more serious call us back".




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Posts: 37263 | Location: Logical | Registered: September 12, 2004Reply With QuoteReport This Post
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quote:
Originally posted by SIGguy229:
Cut of GPS monitor? Why isn't that automatic revoke bail and put in jail?


Gotta find him first.
 
Posts: 7163 | Registered: April 02, 2011Reply With QuoteReport This Post
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And Commiefornia wants to eliminate or at least set bail based on 'income'... we're circling the drain.


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Posts: 4306 | Location: DFW | Registered: May 21, 2012Reply With QuoteReport This Post
Lawyers, Guns
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quote:
That happened Tuesday. Today, thursday, I see his mugshot in the news. He was arrested early this morning in the area that they dropped him off in for Burglary, grand theft of an auto and evading arrest.

It's frustrating to know that this could have been avoided with some good ol fashioned profiling.

Explain this.
What would have prevented his subsequent actions?

quote:
+1. I'm at a bit of a loss as to what the OP would like the legal system to look like which would have resulted in a different outcome. Maybe he left out some details?
-Rob

Unless I'm missing something, it sounds like law enforcement did their job.

But... perhaps the guy could have been sent for a mental health evaluation?



"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible."
-- Justice Janice Rogers Brown

"The United States government is the largest criminal enterprise on earth."
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Posts: 24777 | Location: St. Louis, MO | Registered: April 03, 2009Reply With QuoteReport This Post
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From what I am reading it appears the guy was having a psychotic break. It would be appropriate to be placed on a mental health hold for evaluation.

However, I do not know what the laws are there.


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Posts: 1441 | Location: Denver Area Colorado | Registered: December 14, 2008Reply With QuoteReport This Post
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quote:
Originally posted by chellim1:
quote:
That happened Tuesday. Today, thursday, I see his mugshot in the news. He was arrested early this morning in the area that they dropped him off in for Burglary, grand theft of an auto and evading arrest.

It's frustrating to know that this could have been avoided with some good ol fashioned profiling.

Explain this.
What would have prevented his subsequent actions?

quote:
+1. I'm at a bit of a loss as to what the OP would like the legal system to look like which would have resulted in a different outcome. Maybe he left out some details?
-Rob

Unless I'm missing something, it sounds like law enforcement did their job.

But... perhaps the guy could have been sent for a mental health evaluation?


quote:
Originally posted by chellim1:
quote:
That happened Tuesday. Today, thursday, I see his mugshot in the news. He was arrested early this morning in the area that they dropped him off in for Burglary, grand theft of an auto and evading arrest.

It's frustrating to know that this could have been avoided with some good ol fashioned profiling.

Explain this.
What would have prevented his subsequent actions?

quote:
+1. I'm at a bit of a loss as to what the OP would like the legal system to look like which would have resulted in a different outcome. Maybe he left out some details?
-Rob

Unless I'm missing something, it sounds like law enforcement did their job.

But... perhaps the guy could have been sent for a mental health evaluation?


Law enforcement definitely did their job, that's not the issue here. The issue is how incredibly restricted they are from doing their jobs more effectively. It was obvious that this guy had just finished committing a crime. He was covered in sweat, running from an affluent neighborhood, desperately trying to get into the gator-infested swamp. Had enforcement been able to hold him long enough to figure out who's house he had broken into, he would not have been able to break into another house the next day, steal their stuff, steal their car, and run from police.

The responding deputies were just as frustrated as I was. The difference, he was sitting in the back of their car, but they knew they had to let him go, knowing he was guilty of something and they would see him again soon.
 
Posts: 1150 | Registered: October 05, 2008Reply With QuoteReport This Post
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The difference, he was sitting in the back of their car, but they knew they had to let him go, knowing he was guilty of something and they would see him again soon

Holding someone for arbitrary reasons, without proof, like "knowing he was guilty of something" is expressly forbidden by the fifth amendment.

quote:
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
 
Posts: 2322 | Registered: January 15, 2009Reply With QuoteReport This Post
The Joy Maker
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quote:
Originally posted by xl_target:
quote:
The difference, he was sitting in the back of their car, but they knew they had to let him go, knowing he was guilty of something and they would see him again soon

Holding someone for arbitrary reasons, without proof, like "knowing he was guilty of something" is expressly forbidden by the fifth amendment.

quote:
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Yeah, but what if we super-duper know he did something, it's okay then, right? I can't see how such a thing could ever, ever, be abused!



quote:
Originally posted by Will938:
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Posts: 17144 | Location: Washington State | Registered: April 04, 2003Reply With QuoteReport This Post
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quote:
Originally posted by Strambo:
I'm confused I guess. He was arrested and charged for the crime he was known to have committed (trespassing), and ran through the system, no outstanding warrants came up. What were they supposed to do, hold on suspicion of future (or past un-reported) crimes cause he's creepy?

It sounds like everything is working, you were alert, stayed safe, called the police and they caught him. Then, they caught him again for the more serious crime(s) as well.


Strambo saved me the trouble of typing the same response.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53362 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
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HA!

I certaunly understand why this is illegal and there are protections against it, but every so often a situation arises where you think "guilty until proven innocent" would save a lot of time and frustration.
 
Posts: 1150 | Registered: October 05, 2008Reply With QuoteReport This Post
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