How to properly treat a judge!

It seemed to me that they should have advised him that he was under arrest then ordered him from the car. Other than placing him under arrest what right do they have to remove him from the car by force. Then they searched his car with out permission. It seems to me that they should have either got permission to search or impounded the car and got a warrant. It hardly seems right to charge a man with resisting arrest when you have not told him that he is under arrest. Or did I miss that statement, I just heard them keep telling him to get out of the car.
 
Hate to say it but without further information both officers should be charged. I hope there is some missing information or probable cause because based off the video the two officers will be charged and should go to jail. There has to be more to the story or those two are idiots.
 
Hate to say it but without further information both officers should be charged. I hope there is some missing information or probable cause because based off the video the two officers will be charged and should go to jail. There has to be more to the story or those two are idiots.
I do not have a lot of knowledge about that kind of situation. If I had heard one of the officers say the words "you are under arrest step out of the car now" I would be much more comfortable with all that happened after. I would hate to be on the jury because I hate drunk drivers and this guy sure looks like one, yet if the evidence was obtained by an improper arrest, then I don't know which way I would vote.
 
Hate to say it but without further information both officers should be charged. I hope there is some missing information or probable cause because based off the video the two officers will be charged and should go to jail. There has to be more to the story or those two are idiots.


Tell us my Obama loving friend, how do you manage to extrapolate that the officers are wrong?

When you reek of booze and you drive like shit you get to take a field sobriety test, even if you are a socialist elite member. So, if you want to avoid the Taser ride and face plant you do what the nice officer says. As my cop buddy says,,,,,,,,,,,,,,,"You might beat the rap, but you won't beat the ride."

What is it with cop haters always running to the defense of the criminal?
 
If that's NY that judge is teflon . There was a NY City judge twice censured for dispensing Sharia Paw from the bench in cases involving Muslims . So Cuomo has his appointed to State Supreme Court . Just Us has been served peasant motherfuckers .
 
Hahahahahahahahahahaha Yet another socialist elitist who firmly believes he is above the law as he lords over people. This makes you wonder how many people this arrogant asshole has wrongly convicted or sentenced to jail or prison because they offended his socialist sensibilities.


...or allowed to walk because he agreed with them.
 
At least in my state if the initial “mission” of the stop was a traffic related offense, the stop remains reasonable for the reasonable amount of time that would be needed to complete the original “mission” of the stop.

In order to extend the stop beyond the reasonable amount of time needed for the original “mission” of the stop, there needs to be some specific, particularized reason to do so. In most cases, especially if there is only one person in a vehicle, an officer smelling the odor of an alcoholic beverage is enough to provide “reasonable suspicion” to extend the stop and perform a field sobriety test.

I didn’t watch the full video but if the officers smelled the odor of an alcoholic beverage after observing the driver commit traffic offenses, that is more than enough to conduct a field sobriety test, in my opinion.

I'm not sure about NY or wherever this happened, but where I am, the DUI statutes have one subsection for driving with a BAC above the legal limit and another subsection for driving "Under the influence of alcohol to a degree which renders him or her incapable of safely driving", which doesn't require proof that the accused's BAC is above a certain amount.

In my opinion, what this guy was trying to do is, if wherever this happened has a similar statute, make them charge him under the subsection that doesn't require a BAC above a certain level and also make it seem like he had some sort of reason for not consenting to BAC testing which is normally an automatic suspension of a driver's license, at least where I am.

He did come off as a huge douche though which at least where I'm from probably has a bigger impact on winning an election than a DUI conviction, imo.
 
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"Don't you know who I am?"

"I'll have your badge!"

"Call your supervisor right now!"

"The chief of police is my neighbor!"

"I'll sue you and your department!"


Feel free to contribute more.
 
Tell us my Obama loving friend, how do you manage to extrapolate that the officers are wrong?

When you reek of booze and you drive like shit you get to take a field sobriety test, even if you are a socialist elite member. So, if you want to avoid the Taser ride and face plant you do what the nice officer says. As my cop buddy says,,,,,,,,,,,,,,,"You might beat the rap, but you won't beat the ride."

What is it with cop haters always running to the defense of the criminal?


You sir are an idiot.....I just retired from law enforcement after 25 years. I only dislike officers that are out of line and who abuse their power which is why I retired. Running a red light justifies the stop but that doesn't justify the use of force "UNLESS" the previous video justifies the DUI part of the stop and they developed probable cause for field sobriety. Just because you smell alcohol does NOT provide you an elevated use of force. Like I said....there had better be a lot more on the arrest affidavit that can be validated or the officers are in for a long trial.

If your "cop buddy" really says that then he is part of the problem with law enforcement today! I have made numerous arrests for DUI among other charges and unless the suspect forces the issue you still treat them with RESPECT.
 
Our job as police officers was never meant to harass the public but to protect and serve. I've had to forcibly remove suspects from cars and many other places but I am patient and develop a solid case for the escalation of force before I do and I have never lost a case in court because of that. I always error-ed on the side of the suspect as most of the time you are about to change their lives forever so you try to make sure you put the ownership of that on them. JMHO after a long career.
 
I slept at a Holiday Inn last night .

tenor.gif
 
If a cop tells you to get out of the car, then get the eff out of the car. Tell it to the judge.

That is exactly what I would expect to happen if I did it. Good job by the cops.

Don't be an asshole and then complain about the smell of the shit you produce.
 
They were lawfully present. Judge Alchy was given lawful commands. Judge Alchy was active resistant. Judge Alchy was placed under arrest. Judge Alchy resisted. Compliance techniques were applied. Officers are golden. Now I'm sure some Rat Squad LT of Captain that sucks that Judges dick on a regular basis after a career of fucking with flatfoots might figure out a way to make life hard for these two guys. But if that was anybody other than a Judge no one would take note.

7103504
 
As far as the vehicle... In Indiana we cannot "search" a vehicle without consent in circumstances like in the video. A search warrant would be needed for a "search"... HOWEVER we can tow the vehicle from a scene like this video and "inventory, incident to arrest"... That has been held up by courts in our state.
 
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It all seemed fairly straightforward right up until the officer decided to punch him in the face, I'm not sure that is defendable.

I think I agree. It didn't look like the judge was going to try and hurt the cops by beating, punching/kicking, etc. If the judge did try to hurt them, then I could see why the cops would have needed to defend themselves.
 
You sir are an idiot.....I just retired from law enforcement after 25 years. I only dislike officers that are out of line and who abuse their power which is why I retired. Running a red light justifies the stop but that doesn't justify the use of force "UNLESS" the previous video justifies the DUI part of the stop and they developed probable cause for field sobriety. Just because you smell alcohol does NOT provide you an elevated use of force. Like I said....there had better be a lot more on the arrest affidavit that can be validated or the officers are in for a long trial.

If your "cop buddy" really says that then he is part of the problem with law enforcement today! I have made numerous arrests for DUI among other charges and unless the suspect forces the issue you still treat them with RESPECT.

Did you take that job guarding Marjory Stoneman High School or was that someone else? Smelling alcohol justifies asking the drunkard out of the car, maybe not where you lived or in the office where you policed your typewriter but it does most other places.

Tell us, what did you and the rest of the Lollipop Guild do when a drunk refused to exit the vehicle or refused a field sobriety test? Refused to comply with even basic instructions and became combative? Would you just say, "sorry we bothered you. please feel free to drive off and kill people?" Or did you massage the driver's thighs until they slid out of the car?

Every department has a guy who always blames his co-workers and tells people how he would have done it better,,,,,,,,,,,,,,,,,,,,,,,I wonder what your old department did without him when you left?
 
My take on all of this is as follows:

... the officer indicated he observed a traffic violation and initiated a traffic stop as a result. Then, when the officer approached the vehicle, the officer smelled the odor of an alcoholic beverage. Where I am and in most states, the burden to conduct a field sobriety test is the same as a terry frisk: reasonable suspicion of involvement in criminal activity/that the suspect is armed with a dangerous weapon. In this case, reasonable suspicion that the suspect was in violation of the DUI statutes. At that point, I think most would agree, it was lawful to conduct a field sobriety test but the suspect/defendant refused. This is where the Officer has to choose if he is going to arrest the suspect/defendant or let him go. The burden/legal standard for a warrantless arrest in most circumstances is probable cause that a felony offense has been committed or an offense provided by statute which authorizes a warrantless arrest. In my opinion, I think most judges would find that an officer observing several traffic offenses and the odor of an alcoholic beverage is sufficient to show probable cause that the DUI statutes have been violated. Obviously, in order to make the arrest, the officer had to remove the defendant/suspect out of the vehicle. Anything after that, in my opinion becomes was the amount of force used to effectuate the arrest appropriate under the circumstances.

In my opinion, it appeared to me the guy knew what he was doing and wanted all this to happen to sort of minimize the evidence against him and hopefully (from his perspective, not mine) get sympathy if he had to try the case.
 
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My take on all of this is as follows:

... the officer indicated he observed a traffic violation and initiated a traffic stop as a result. Then, when the officer approached the vehicle, the officer smelled the odor of an alcoholic beverage. Where I am and in most states, the burden to conduct a field sobriety test is the same as a terry frisk: reasonable suspicion of involvement in criminal activity/that the suspect is armed with a dangerous weapon. In this case, reasonable suspicion that the suspect was in violation of the DUI statutes. At that point, I think most would agree, it was lawful to conduct a field sobriety test but the suspect/defendant refused. This is where the Officer has to choose if he is going to arrest the suspect/defendant or let him go. The burden/legal standard for a warrantless arrest in most circumstances is probable cause that a felony offense has been committed or an offense provided by statute which authorizes a warrantless arrest. In my opinion, I think most judges would find that an officer observing several traffic offenses and the odor of an alcoholic beverage is sufficient to show probable cause that the DUI statutes have been violated. Obviously, in order to make the arrest, the officer had to remove the defendant/suspect out of the vehicle. Anything after that, in my opinion becomes was the amount of force used to effectuate the arrest appropriate under the circumstances.

In my opinion, it appeared to me the guy knew what he was doing and wanted all this to happen to sort of minimize the evidence against him and hopefully (from his perspective, not mine) get sympathy if he had to try the case.

I think the judge believes he is above the law. The officers did what they had to do to place the judge under arrest. The judge should also loose his law license. He clearly makes poor decisions and should not be presiding over court cases.
 
Did you take that job guarding Marjory Stoneman High School or was that someone else? Smelling alcohol justifies asking the drunkard out of the car, maybe not where you lived or in the office where you policed your typewriter but it does most other places.

Tell us, what did you and the rest of the Lollipop Guild do when a drunk refused to exit the vehicle or refused a field sobriety test? Refused to comply with even basic instructions and became combative? Would you just say, "sorry we bothered you. please feel free to drive off and kill people?" Or did you massage the driver's thighs until they slid out of the car?

Every department has a guy who always blames his co-workers and tells people how he would have done it better,,,,,,,,,,,,,,,,,,,,,,,I wonder what your old department did without him when you left?

No doubt LEO walk a fine line trying to respect an individuals rights and still be able to complete their job. However some blatantly abuse their power knowing it is very unlikely to push back on them unless the abuse becomes overly obnoxious. The current policies of dealing with private citizens in many cases feels much more like "guilty until proven innocent" especially when unethical individuals are going beyond their bounds with no repercussions. One begins to feel that the "Protect and Serve" is no longer used as a methodology instead we begin to see what we currently see, the distrust and resentment of the LEO.

@Tazman seems the type of LEO I would certainly appreciate, doing their best to keep the situation as low key as possible and hopefully avoiding a situation that could destroy someone's life. With so many laws and regulations in place (we are told we commit as many as 3 felonies a day without even knowing it) simple people can have their lives destroyed in an instant. Over zealous LEO can add to this. Perspective of the power a LEO has in the situation is key.

The judge in this case does not appear to deserve much sympathy as he would certainly be aware of laws and procedures. His only salvation in this case is being punched in the face while already on the ground.
 
If a cop tells you to get out of the car, then get the eff out of the car. Tell it to the judge.

That is exactly what I would expect to happen if I did it. Good job by the cops.

Don't be an asshole and then complain about the smell of the shit you produce.


So if a cop fingers your wife and daughter on the side of the road. You just tell it to the judge right?
 
So if a cop fingers your wife and daughter on the side of the road. You just tell it to the judge right?

There are smart ways, and stupid ways to deal with life's little problems.
Also, you are being pedantic.

If that judge (clearly drunk) had killed your wife and daughter in a drunken wreck.....
How do you feel about cops putting the boots to him now?
 
There are smart ways, and stupid ways to deal with life's little problems.
Also, you are being pedantic.

If that judge (clearly drunk) had killed your wife and daughter in a drunken wreck.....
How do you feel about cops putting the boots to him now?
Either you have a right to resist unlawful behavior or you don't.

A criminal thar puts on a badge is still a criminal
 
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Bullshit @ArmyJerry

Drive like a drunk bafoon, reek of ETOH, you best follow directions of the nice police officers.
This puke was obviously in the wrong and clearly thought he was above the law.

A drunk driver could kill YOUR wife or kid or grandkid.

I have seen both versions of cops in my life.
Im more likely than most to tell a cop to pound sand when I know I am right and they are being a bully.
A drunk driver is a POS, like a gangbanger doing a “spray n pray” with a school playground or park in the back ground.

Perhaps many cases of working trauma codes on sweet little babies and toddlers because of impaired drivers has made me a little less tolerant.
Fuck tolerance.
Thats what got our fine republic into the shape its in anyways.

Apologies for my language. I have a little fire in my belly about this.
 
Video would of been better if it was one of those cases where the officer goes for the taser and accidentally grabs his glock , yells taser taser Bang Bang. WTF just happen ...shit
 
This is good it shows the law applies to all . The judge was a fool and made things much worse on himself but he was trying to evade the law in some way . Possibly drunk , he sounded drunk to me .
 
Judge should have defended himself against deadly armed aggressors who were unhinged.

His driving was no worse than anything I witness daily, except he was going slower.

Bullshit @ArmyJerry

Drive like a drunk bafoon, reek of ETOH, you best follow directions of the nice police officers.
This puke was obviously in the wrong and clearly thought he was above the law.

A drunk driver could kill YOUR wife or kid or grandkid.

I have seen both versions of cops in my life.
Im more likely than most to tell a cop to pound sand when I know I am right and they are being a bully.
A drunk driver is a POS, like a gangbanger doing a “spray n pray” with a school playground or park in the back ground.

Perhaps many cases of working trauma codes on sweet little babies and toddlers because of impaired drivers has made me a little less tolerant.
Fuck tolerance.
Thats what got our fine republic into the shape its in anyways.

Apologies for my language. I have a little fire in my belly about this.