BlueSheepdog
10 Years Experience
Around the Way, FL
Male, 40
Cheating death and fighting communism: that is how a fellow officer once described our job. It was meant to be funny, but as time went on it seemed all too true.
I spent more than ten years in law enforcement, all of it on the street in uniform patrol. I've been a patrol officer, instructor, sergeant and lieutenant.
Do not report crimes here. Nothing here should be considered legal advice. All opinions are my own.
In my state, the crimes you have described could result in multiple years in prison plus fines and resitution. I do not know the laws of your country, but I'm sure it is equally serious. I strongly suggest contacting a criminal defense attorney.
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Reasonable suspicion and probable cause are built by the totality of the circumstances, which may include a citizen complaint. It is impossible for me to tell you how the officers in your case established either since I was not there and I am not privy to the details of the investigation.
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As I explained, it is a totality of the circumstances. Sometimes a single fact/observation can amount to RAS or PC. Other times, an officer may have to build a series of facts/observations to meet the legal burdens. I'm afraid you cannot present a general scenario and get a specific answer.
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Call your local police department and ask for their assistance. They will know what to do.
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No, stopping someone without reasonable articulable suspicion would be a violation of the 4th Amendment of the US Constitution and a bunch of state laws and department policies.
Speeding, even if "everyone does it" is still illegal, hence the reason why you were stopped.
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If they are so drunk they won't remember the citation, they are going to jail.
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Every department has their own protocol. First duty is to protect life: citizens, officers, criminals (and in that order.) Until the scene is made safe, no investigation can begin. Once everything is safe, medical aid is rendered for anybody that is injured. By this time, a sergeant or lieutenant is on scene and takes command. Depending on the agency, either they or an outside department will handle the investigation of the use of force. A CSI unit would probably be involved, but they are only a support unit to document and collect evidence. They don't do any investigation.
The involved officers give a brief statement to the responding supervisor about what happened and are separated from the other officers who are investigating the incident. How/when the officers are interviewed varies from department to department. Officers are entitled to legal counsel as is anyone being investigated for potential criminal acts.
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