# "Hey, you stupid cop, get the hell out of my yard!"
**URL:** https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804
**Category:** Factual Questions
**Created:** [September 10, 2003, 6:00pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804 "2003-09-10T18:00:30Z")
**Posts on this page:** 20
**Page:** 3
### Author:  [@Blown\_Injected](https://boards.straightdope.com/u/Blown_Injected)
#### Post date: [September 15, 2003, 3:57pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/41 "2003-09-15T15:57:41Z")
> [@](#):
>
> \*Originally posted by mangeorge \*
> \*\*Running a stop sign is not a crime. \*\*
If it is not a crime then how come one may be found guilty of doing it and be fined by the man?
I remember something about a simple traffic ticket. While the ticket is being written, one may consider themselves under arrest. I do not remember where I read/heard this - true or false?
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### Author:  [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [September 15, 2003, 4:30pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/42 "2003-09-15T16:30:40Z")
> [@](#):
>
> \*Originally posted by Bear\_Nenno \*
> **Bricker** ,
> I’ll give you the first two. The resisting arrest could very well be different everywhere. The “articulable reasonable suspicion” sounds right. Point is, they need a reason.
>
> But how is hot pursuit not limited to felonies _everywhere_? It is a US Supreme Court decision.
What you quoted is a Wisconsin case interpreting a Supreme court (actually, a pair of Supreme Court) decisions.
I’m not sure I agree with the blanket statement “_Welsh_ limits _Santana_ to the arrest of fleeing felons.” In fact, _Welsh_ dealt with a non-criminal, non-jailable traffic offense, for which there is no debate that a warrantless entry into a home is not permitted. But nowhere in _Welsh_’s langauge is there found a specific limitation to felonies. That’s an obvious inference, since _Welsh_ does mandate that:
> [@](#):
>
> An important factor to be considered when determining whether any exigency exists is the gravity of the underlying offense for which the arrest is being made. Moreover, although no exigency is created simply because there is probable cause to believe that a serious crime has been committed, application of the exigent-circumstances exception in the context of a home entry should rarely be sanctioned when there is probable cause to believe that only a minor offense has been committed.
There is no express holding that a felony may be distinguished from a serious misdemeanor here.
Payton v. New York, 445 U.S. 573, a case decided four years before _Welsh_, prohibits warrantless arrests in the home even for felonies _absent exigent circumstances_. _Welsh_ clarifies that exigent circumstances can includes serious crimes, but nowhere explicitly limits “serious crimes” to felonies.
- Rick
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### Author:  [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [September 15, 2003, 4:34pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/43 "2003-09-15T16:34:28Z")
At least one court seems to have reached the opposite conclusion from Wisconsin: State v. Niedermeyer, 48 Ore. 665, 617 P.2d 911 allows warrantless home arrest after a hot pursuit from the commission of misdemeanor in the officer’s presence.
- Rick
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### Author:  [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [September 15, 2003, 4:40pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/44 "2003-09-15T16:40:04Z")
At least one court seems to have reached the opposite conclusion from Wisconsin: State v. Niedermeyer, 48 Ore. 665, 617 P.2d 911 allows warrantless home arrest after a hot pursuit from the commission of misdemeanor in the officer’s presence.
- Rick
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### Author:  [@pkbites](https://boards.straightdope.com/u/pkbites)
#### Post date: [September 15, 2003, 5:11pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/45 "2003-09-15T17:11:20Z")
> [@](#):
>
> \*Originally posted by Blown & Injected \*
> \*\*If it is not a crime then how come one may be found guilty of doing it and be fined by the man?
> \*\*
Because it’s an infraction, but not a crime. Infractions and ordinance violations are fineable, arrestable offenses, but they are not crimes.
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### Author:  [@Uncommon\_Sense](https://boards.straightdope.com/u/Uncommon_Sense)
#### Post date: [September 15, 2003, 5:42pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/46 "2003-09-15T17:42:25Z")
Define (legally) – _arrest_.
Was **Bruce Daddy** under arrest at any time during the episode in question?
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### Author:  [@Blown\_Injected](https://boards.straightdope.com/u/Blown_Injected)
#### Post date: [September 15, 2003, 6:29pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/47 "2003-09-15T18:29:35Z")
Now I must ask what is a crime?
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### Author:  [@pkbites](https://boards.straightdope.com/u/pkbites)
#### Post date: [September 15, 2003, 7:03pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/48 "2003-09-15T19:03:58Z")
> [@](#):
>
> \*Originally posted by Blown & Injected \*
> \*\*Now I must ask what is a crime? \*\*
I can only answer as to what Wisconsins definition is:
**939.12 Crime defined**
_A crime is conduct which is prohibited by state law, and punishable by fine or imprisonment or both. Conduct punishable only by a forfeiture is not a crime._
So a local ordinance violations is not a crime. Though you can be arrested, booked, finger printed, mug shot, etc., because the punishment can only be a fine and not jail time, it is not a crime. Infractions and ordinance violations are not crimes. Misdemenors and felonies are crimes.
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### Author:  [@ltfire](https://boards.straightdope.com/u/ltfire)
#### Post date: [September 15, 2003, 8:00pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/49 "2003-09-15T20:00:02Z")
> [@](#):
>
> \*Originally posted by Blown & Injected \*
> \*\*If it is not a crime then how come one may be found guilty of doing it and be fined by the man?
>
> I remember something about a simple traffic ticket. While the ticket is being written, one may consider themselves under arrest. I do not remember where I read/heard this - true or false? \*\*
That’s correct. A traffic ticket is given in lieu of arrest. Which, by the way, never ceases to amaze me, on Cops, how people continue to argue and disrespect the cop during a traffic stop.😕
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### Author:  [@pkbites](https://boards.straightdope.com/u/pkbites)
#### Post date: [September 15, 2003, 8:16pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/50 "2003-09-15T20:16:32Z")
> [@](#):
>
> \*Originally posted by ltfire \*
> **That’s correct. A traffic ticket is given in lieu of arrest.**
I’ve arrested people for traffic violations. It doesn’t happen very often, though. It usually only happens when the violator is from out of state and has to post bond, but I’ve done it a few times when the guy was being a total cock. Back in June of 2002 myself and another officer took a local guy in for having a burnt out light on his golf cart. It wasn’t even a traffic stop. He was driving in a park (with proper permits) and we just pulled up to him and told him he needed to fix his headlight. “Eat shit, bacon boy!”:eek:
So we arrested him for the light. We couldn’t charge DC because we were the only ones around to hear the profanity.
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### Author:  [@mangeorge](https://boards.straightdope.com/u/mangeorge)
#### Post date: [September 15, 2003, 10:58pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/51 "2003-09-15T22:58:02Z")
DC? Wazzat, **pkbites**? Disorderly conduct, I imagine, but I thought that went out with vagrancy laws.
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### Author:  [@sailor](https://boards.straightdope.com/u/sailor)
#### Post date: [September 15, 2003, 11:48pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/52 "2003-09-15T23:48:50Z")
> [@](#):
>
> \*Originally posted by pkbites \*
> Back in June of 2002 myself and another officer took a local guy in for having a burnt out light on his golf cart.
\
Shouldn’t that be “I and another officer”?
\
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### Author:  [@mangeorge](https://boards.straightdope.com/u/mangeorge)
#### Post date: [September 16, 2003, 12:15am UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/53 "2003-09-16T00:15:04Z")
Bow kwit?
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### Author:  [@pkbites](https://boards.straightdope.com/u/pkbites)
#### Post date: [September 16, 2003, 12:55am UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/54 "2003-09-16T00:55:17Z")
> [@](#):
>
> \*Originally posted by mangeorge \*
> \*\*DC? Wazzat, **pkbites**? Disorderly conduct, I imagine, but I thought that went out with vagrancy laws. \*\*
😕 Huh? Both are still alive and well. Almost 20% of my arrests/citations are for DC. Why would you think disorderly conduct was not longer a violation? It’s a class B misdemeanor.
Vagrancy is still a crime too. It’s a Class C Misdemeanor here. Not enforced enough, if you ask me.
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### Author:  [@Susanann](https://boards.straightdope.com/u/Susanann)
#### Post date: [September 16, 2003, 1:15am UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/55 "2003-09-16T01:15:02Z")
The police will leave my property if I tell them to, they are well versed by the police chief in trespassing.
Unless they have a legitimate reason for being there. I think writing you a ticket is legitimate.
However, if a cop comes up to your door to ask you questions, or is trying to get evidence, or “thinks” someone is in your house, he must get a warrent in my town. If I order my police to leave, his orders are that he must leave my property, front or back yard.
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### Author:  [@Monty](https://boards.straightdope.com/u/Monty)
#### Post date: [September 16, 2003, 1:39am UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/56 "2003-09-16T01:39:57Z")
sailor: Actually, it should be, “[…] another officer and I […].” The reflexive pronoun “myself” is for an action one does to oneself.
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### Author:  [@Monty](https://boards.straightdope.com/u/Monty)
#### Post date: [September 16, 2003, 1:43am UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/57 "2003-09-16T01:43:58Z")
p.s. Don’t get me started on “her and her friend are going to […].”
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### Author:  [@j666](https://boards.straightdope.com/u/j666)
#### Post date: [September 17, 2003, 4:26am UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/58 "2003-09-17T04:26:43Z")
> [@](#):
>
> ## quote:
>
> ## Originally posted by pkbites Back in June of 2002 myself and another officer took a local guy in for having a burnt out light on his golf cart.
>
> \
> Shouldn’t that be “I and another officer”?
> \
> [@](#):
>
> \*Originally posted by Monty \*
> \*\*sailor: Actually, it should be, “[…] another officer and I […].” The reflexive pronoun “myself” is for an action one does to oneself. \*\*
Actually, Monty, the correction you are making is in the order in which nouns and/or pronouns of different persons are used in formal English: third person, second person, first person.
For example:
Mrs. Bucket, you and I will wrestle Bruce\_Daddy to the ground, put handcuffs on him and arrest him while the ‘Cops’ camera crew videotapes us.
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### Author:  [@Monty](https://boards.straightdope.com/u/Monty)
#### Post date: [September 17, 2003, 11:09am UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/59 "2003-09-17T11:09:57Z")
Well, j66, your mastering of the obvious here is to point out what exactly, other than to restate what I posted?
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### Author:  [@ltfire](https://boards.straightdope.com/u/ltfire)
#### Post date: [September 17, 2003, 8:55pm UTC](https://boards.straightdope.com/t/hey-you-stupid-cop-get-the-hell-out-of-my-yard/200804/60 "2003-09-17T20:55:40Z")
Man, where do you friggin’ word and spelling nazis come from, anyway? Can’t a thread go it’s merry way without someone who has nothing to say about the thread, come creeping in here and add a holier than thou wiseass crack?
Rant over.
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