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  #1  
Old 07-26-2004, 08:10 PM
dan148
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Question in debate (CdwJava)


What is the name of your state?What is the name of your state?Florda
I think this is a good question for CdwJava to answer however I encourage all to give thier input.
Years ago when I was running a restaurant here in Florida I had a visit from a police detective from another city different than the one my restaurant was in and he asked me if I had an employee working by the name of John Doe (for all intensive purposes). I said yes he is a cook and he is in the back, so I went and got him. The Det. and John sat at a booth and started talking, John was being questioned because a report was made against him by someone who he had gotten in a fight with the week prior. Obviuosly John admitted the fight and also admitted that he had picked up a branch and threatened to hit him with it. The Det. escorted John out of the restaurant and cuffed him then placed him in his vehicle (Ford Explorer), I assume it was the Det. personal vehicle and not a police unit. The Det. came up to me and said "I am arresting him on charges of "assault with a deadly weapon with no intent to kill" , He also informed me that they were just waiting for a city cop to come transport him. After about 30 min of waiting the Det. radioed someone and at that point I guess the Det. was informed that there were no available units. I heard the Det. say in disgust "Well I will just transport him myself".
Question #1 Can a Det. take you into custody without a warrant outside his Jurisdiction?
Question #2 Can the Det. transport a person in a What I assumed was a civilian vehicle?
I am asking these questions because after 12 years I saw John doe bartending at a restaurant my wife and I went to, and I told my wife the story and these are questions she and I are debating..She doesn't think the Det. followed procedure and I think the Det. whether right or wrong did the appropriate thing.
Any input would be appreciated
P.S. By the way...I did speak with John Doe at the restaurant, he ended up pleading no contest..got 3 years prob. and had to attend anger mgmt classes.
  #2  
Old 07-27-2004, 02:30 AM
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Well, not being a Florida officer, I can't say for certain. However, here in PA, the similar offense would be Aggravated Assault and would be classified as a felony. As a felony, I am authorized to make a warrantless arrest (based upon probable cause, of course). The fact that the detective would have been outside his primary jurisdiction is immaterial.

The Explorer may have been a department vehicle, or it may have been a POV. Regardless, we have no law stating it is unlawful to transport a prisoner in a POV (although it isn't good practice, that's for sure).
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  #3  
Old 07-28-2004, 06:52 PM
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The answer to your question would depend on state law and department policy.

Quote:
Question #1 Can a Det. take you into custody without a warrant outside his Jurisdiction?
In CA they generally can ... provided they arrest for probable cause developed by their own observations or interview.

Quote:
Question #2 Can the Det. transport a person in a What I assumed was a civilian vehicle?
It's not a smart idea, but if it WERE a personal vehicle, there is not a law against it ... but there are many reasons why it is NOT a good idea. However, if the detective were on duty, I can only assume that the vehicle was either a department vehicle or subsidized in whole or in part by the department, and thus authorized him to do the transport.

I doubt that anything done was against FL state law, but it might have violated department policy. Which does nothing to help the defense in a criminal case.

Carl
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