Question for You Coppers out There

[peanut44]

Here's a hypothetical I'd like you to consider as a police officer.

It's time for a family vacation. Your wife and kids are already at the beach 3 hours away. You couldn't go with them because you had to work. You decide you'll catch up with them later.

You get off of work, go home, take care of business, then head out the door to meet the family. The damn car won't start! AHH! Well, your wife's brother lives 3 miles away and he's a mechanic so you call him up. He says, go ahead and take my car, I'll look at yours over the weekend. Great, so you grab the keys and take off.

2 hours later, you see those oh so familiar flahing blue lights in the rear view. You have no idea what the deal is, but you figure you'll flash the badge & be on your way. Except you forgot your wallet and badge! Uh Oh. Officer Friendly approaches your car.

Him: License & registration please.

You: Uh I forgot it, but I'd like you to know that I'm with the xxxxx police dept.

him: sure you are buddy, step out of the car please.

you: No REALLY, I'm with xxxxxx PD, we can call over there and ask.

Him: STEP OUT OF THE CAR NOW!

He pats you down, tosses your pockets and finds nothing. Next he peeks in your now open door, and sees the end of a Burger King straw sticking out from under the drivers seat. Drug paraphernalia?

You get cuffed and stuck in the back of the car. He begins searching your car and finds 5 pot seeds and .1 grams of weed on the floor in the back seat under the floormats. You always knew your brother in law's kids were screw ups. He keeps searching, and finds your gun.

You have no ID, a bunch of weed, a gun, and a car that aint yours. YOU ARE GOING TO JAIL.

You sit in jail for 10 hours with 40 smelly people before being allowed to make a phone call. The first call you make is to your wife, to tell her you are OK. The next call you make is to the Chief back home so he can explain everything and get you the heck out of there. The local boys accept the explanation, except what's up with the weed? You try to explain, but nobody believes you because you "look" like you smoke weed from time to time anyway.

So here you are, a 15 year veteran of your local police force, busted for pot, about to lose your job, everyone you know lost all respect for you, your life will be forever different.

How do you feel right now?


Do you accept the pot charge, (you ARE guilty aren't you) lose your job, do your community service, meet a probation officer once a month for a year, and attend rehab meetings?

OR

Do you fight that charge tooth and nail with the BEST lawyer you can find searching for EVERY technicality that MIGHT get you off?

 

[RedemptionMan]

Wow -- just wow.. well if it was not my stuff and I was NOT quilty then I would not pled to the charges. It would be an interesting jury trial. Fight it tooth and nail if you have nothing on your record and you feel this is not justified... I assume that you are on paid suspension regarding the outcome of this. Rally some folks up and FIGHT**************.

 

[peanut44]

If there's weed in the car that YOU are driving by yourself, by all definitions it is YOURS. It is a FACT that you are guilty.

 

[peanut44]

Wow -- just wow.. well if it was not my stuff and I was NOT quilty then I would not pled to the charges. It would be an interesting jury trial. Fight it tooth and nail if you have nothing on your record and you feel this is not justified... I assume that you are on paid suspension regarding the outcome of this. Rally some folks up and FIGHT**************.

I didn't know if I was reading your response right. I'm not a Police Officer, nor did I get busted for weed. I'm asking what the cops around here would do if they WERE GUILTY of a crime, that would cost them their job, dignity etc.

So what is it guys, fight or flight?

 

[Kane]

If there's weed in the car that YOU are driving by yourself, by all definitions it is YOURS. It is a FACT that you are guilty.

This is not the law.

If you didn't know it was there, you're not guilty.

 

[RedemptionMan]

Yes -- if you are/were a cop when you were arrested then you would more than likely lose your job. It would be up to the Chief. Suspension following the outcome of an investigation..... How did you not know your brother in law smoked WEED.....

 

[peanut44]

What?!?!?

Out of 100 people who claim "i didn't know it was there" how many are free to go? The state HAS evidence. How would YOU prove you didn't know something? We're going to assume nobody believes you because you were wearing a Greatful Dead T-shirt, and everybody always had their doubts anyway.



But, I'll give you the benefit of the doubt....

Add this detail to the original story.

While the officer was approaching your car, you look on the floor in the backseat for your wallet and SEE the weed. Now you know it's there.

 

[smutlydog]

hair follicle drug testing
It may not technically relieve you of any guilt but it might help. I think something that minor is always worth fighting if you have allot to loose.

I know a guy that used the "not my car not my dope defense". It involved a half gram of meth. Against the advice of his lawyer and family he stuck to his not guilty plea. A few months before trial the DA dropped charges on him.

 

[Kane]

If he didn't know it was there for a long enough period of time to have gotten rid of it, he's still not guilty.

If you're arguing that too many people assume anybody who's arrested is guilty, that, I agree with.

 

[outonbail]

First of all, if this happened to an actual police officer/sheriff/highway patrol/state trooper etc., even if they didn't have their wallet with them the fellow officer making the stop would check their story out thoroughly to validate they are who they say they are before searching anydamnthing!

They don't mind taking the time out to be sure their not rousting a fellow officer and they don't mind if it turns out to be a lie either, as they will surely be cuffing the person making such a false claim and hitting them with a barrage of charges for ever trying to pass themselves off as a fellow officer.

While there are often incidents where someone makes the false claim that they are a police officer to another citizen, I've never heard of anyone who was foolish enough to claim they were a sworn officer, to another police officer or agency, it's just to easy to check out. While I'm sure it has happened, I'm equally as sure that they never got away with it or made any future attempts to pull that ruse off ever again.

As far as the scenario your describing, when people are actually not guilty of what they're being charged with, they are usually very adamant about their claims and don't change any facts as time goes on and usually don't even consider a plea, because they're not guilty and that's that.
But where this doesn't fly, even if it is indeed the truth, is when the person already has a criminal history to come back and haunt them.

What it boils down to is, if you are truly not guilty and have a clean record, your chances of prevailing in a trial or having the charges dropped before trial starts, are very likely.
However, if your just as innocent in the same scenario, but have that prior criminal record, your odds of prevailing drop lower with every prior mark against you. That's just the way it is.

Also, common sense should tell you that when the police run your information during a stop and your priors come up, they are far more likely to investigate further and look for a reason to search you and your vehicle, than if you were to come back squeaky clean.

Criminals tend to continue being criminals and law abiding citizens usually continue to obey the law. Human nature's not that complex.

So, let me ask you, if it looks like a duck, quacks like a duck, swims like a duck and waddles like a duck, what do you suppose it is?