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?
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:
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.
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.
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.
Because it’s an infraction, but not a crime. Infractions and ordinance violations are fineable, arrestable offenses, but they are not crimes.
Define (legally) – arrest.
Was Bruce Daddy under arrest at any time during the episode in question?
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.
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.
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.
DC? Wazzat, pkbites? Disorderly conduct, I imagine, but I thought that went out with vagrancy laws.
<Mrs Bucket (pronounced Bouquet)>
Shouldn’t that be “I and another officer”?
</Mrs Boucket>
Bow kwit?
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.
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.
sailor: Actually, it should be, “[…] another officer and I […].” The reflexive pronoun “myself” is for an action one does to oneself.
p.s. Don’t get me started on “her and her friend are going to […].”
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.
Well, j66, your mastering of the obvious here is to point out what exactly, other than to restate what I posted?
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.