328 replies to this topic

[dlutz]

I'll go for demoting him to a desk job with reduced salary.

A guy like that should NOT have a badge and gun.

Judgment issues.

Chip, It must be Friday since I almost agree with you.

We should absolutely hold Police up to a higher standard. Apart for protecting and serving, they're symbolic of a lawful society. If that image get's tarnished by a few bad cops, it makes it harder on the good ones.

That said, I'm not about to Tar and Feather this guy quite yet, and definitely not from that one article. I'll wait until all the facts are revealed in court.

[Darth Lefty]

The Amish tend to not use much gas.

My Amish uncle ran a small engine repair... my cousin still does so far as I know...

[Darth Lefty]

The objections to homemade biodiesel are those of the chemicals needed and of dumping. It takes lye and lots of it, and produces low grade glycerine and lots of it. And it would be pretty easy to blow off a hose and lose 50 gallons of it onto your backyard.

200 gallons of wine or beer a year is a 5gal batch every week and a half. That's not fun, that's work

[ChipShot]

Chip, It must be Friday since I almost agree with you.

I think most clear-thinking people would say the guy blew it.

Thing is, what else has he done that we don't know about??

You have to err on the side of caution.

Demote the guy and be done with it.

[jafount]

Wow...

You're making all these comments, and you didn't even know he was arrested, processed, and released on his OR?????

Wow...

Hey tool...misdemeanors are cite and release offenses. There is no processing. It's a ticket.

Wow indeed.

So--what is the real deal here? Jafount thinks that everyone is being judgemental--or Jafount is standing shoulder deep alongside "fellow" brothers to form that good ole brothership?

The real deal here is that

A) if the offense occurred, it's a cite and release NOT an arrest
B) discretion is the name of the game and the piece of the puzzle you all either ignore or a quality you lack.

Do I think some people are being judgmental? Yes. Once again, you want the career of a veteran officer to be yanked over the possibility this guy took used cooking grease from a dumpster. That's stupid. Though in this crowd, not surprising as it's always the same five people screaming for it.

Given that he turned himself in months after the crime, I personally assume that there is other evidence (video, etc.) that Malabar likely provided. Complete assumption, but it's got to be more than a random 3rd party recycler accusing you to get you arrested.

"Turned himself in" is such a broad statement. If it happened, it's a misdemeanor not committed in an officer's presence and is therefore not subject to arrest. Rather, a report has to be sent to the DA's office. The DA then decides whether or not to seek prosecution and a trial occurs. Legally speaking, there CAN'T be an arrest or "processing".

Let's just assume that the value stated is true, and what was stolen is worth $350. He was charged with a misdemeanor, arrested, and will appear in court.

What punishment would you see fit if he walked into a store and stole, say, a $350 32gb iPod Touch?

Depends on intent.

What do you think the penalty should be for picking avocados from a tree in the central valley?

[Robert Gary]

A) if the offense occurred, it's a cite and release NOT an arrest

Negative. You must be arrested before you can be charged with a crime of any sort. That's basic law.

B) discretion is the name of the game and the piece of the puzzle you all either ignore or a quality you lack.

Uh, a police officer stealing from the citizens he's protecting. Maybe you're right, that's good judgement.

[jafount]

Negative. You must be arrested before you can be charged with a crime of any sort. That's basic law.

You must be a lawyer or a law student, because you know squat about law enforcement.

You can't arrest for a misdemeanor not committed in your presence except the following circumstances:

1) DUI Crash
2) Warrant
3) Restraining order violation
4) receiving an arrest by private person-in which case the officer has discretion to release under PC 849 (b)(2) when the officer believes there may be insufficient evidence to support such arrest.

Uh, a police officer stealing from the citizens he's protecting. Maybe you're right, that's good judgement.

This has what, exactly to do with discretion? You're putting words in my mouth.

An officer has discretion to cite and release for a misdemeanor committed in his/her presence. Rarely is a misdemeanor considered a "shall" unless specified.

If, in a case such as this, a report was completed and sent to the DA for review and prosecution, the individual accused would receive notification in the mail in the form of a subpoena to answer to the charges. An arrest is not made, nor needed in order to arraign and hold to answer.

[mylo]

Depends on intent.

What do you think the penalty should be for picking avocados from a tree in the central valley?

$350 in avocados would take some serious intent. I'd put that worse than stealing a 32gb iPod Touch from Best Buy.

From: http://www.nctimes.c..._0511_17_07.txt
Officials are projecting a crop of 350 million avocados next year, which would bring in about $330 million at the current price of $0.94 per pound.

That would make it around 372 pounds of avocados.

From: http://www.veg-world...ticles/cups.htm , an average avocado weighs 8 ounces.

By my math, that's 744 avocados. That would take some time to pick, and probably a truck to haul away. In fact, that's probably larger than two 55 gallon drums of yellow grease.

I'd personally throw the book at some cop that took the time out of his busy arresting or grease heisting schedule to steal 744 avocados from trees in the central valley.

[Robert Gary]

You can't arrest for a misdemeanor not committed in your presence except the following circumstances:

1) DUI Crash
2) Warrant
3) Restraining order violation
4) receiving an arrest by private person-in which case the officer has discretion to release under PC 849 (b)(2) when the officer believes there may be insufficient evidence to support such arrest.

You obviously claim to have some inside knowledge because you are assuming facts that are not known to the rest of us.
1) I've not read anything to suggest the internal investigation officers did not see the crime.
2) I've not read anything to suggest there had not been a warrent issued.

All we know is that the officers found out that they were being sought. Beyond that, anything you know must have come from some inside information.

In anycase, the process is that you have to be arrested before the charges and complaint. Sometimes people turn themselves in, the paperwork is done, they are arrested and released at the same time, but they are arrested.

-robert

[Robert Gary]

You must be a lawyer or a law student, because you know squat about law enforcement.

You can't arrest for a misdemeanor not committed in your presence except the following circumstances:

1) DUI Crash
2) Warrant
3) Restraining order violation
4) receiving an arrest by private person-in which case the officer has discretion to release under PC 849 (b)(2) when the officer believes there may be insufficient evidence to support such arrest.

According to the Lt. at the police department interviewed the officer was arrested.
http://www.kcra.com/...8427/index.html
Not sure why you seem to be disputing that they were arrested.

-Robert

[jafount]

You obviously claim to have some inside knowledge because you are assuming facts that are not known to the rest of us.
1) I've not read anything to suggest the internal investigation officers did not see the crime.
2) I've not read anything to suggest there had not been a warrent issued.

All we know is that the officers found out that they were being sought. Beyond that, anything you know must have come from some inside information.

In anycase, the process is that you have to be arrested before the charges and complaint. Sometimes people turn themselves in, the paperwork is done, they are arrested and released at the same time, but they are arrested.

-robert

Robert...try to keep up here...

I never said I had inside knowledge about this case. BUT, based on the fact that SRC "reported the theft" this tells me an officer did NOT witness this misdemeanor, rather it was reported to the PD. Therefore, the presence requirement has not been met. Hence, there is NO ARREST, rather an investigation and report forwarded to the DA. This is the process, like it or not.

You're very welcome for the education.

[Robert Gary]

You're very welcome for the education.

Thanks, I do appreciate it. Learning that you have no idea what you are talking about is very educational. Do you plan to call the Folsom PD Lt. that made the statement that they were arrested and tell him that he did something wrong? Do you need me to look up his number??? Just eat your donuts and try not to hurt your brain trying to understand law.

-Robert

[jafount]

According to the Lt. at the police department interviewed the officer was arrested.
http://www.kcra.com/...8427/index.html
Not sure why you seem to be disputing that they were arrested.

-Robert

That's procedurally illegal. That's the Lt. dumbing it down for the media, which is NORMAL for a PIO.

[jafount]

Thanks, I do appreciate it. Learning that you have no idea what you are talking about is very educational. Do you plan to call the Folsom PD Lt. that made the statement that they were arrested and tell him that he did something wrong? Do you need me to look up his number??? Just eat your donuts and try not to hurt your brain trying to understand law.

-Robert

Edify me. What is your experience in arresting people on misdemeanors committed or not committed in your presence?

[Robert Gary]

Edify me. What is your experience in arresting people on misdemeanors committed or not committed in your presence?

I know that the arrest is a prerequisite. I have no idea why are you arguing this with me because I already sent you the KCRC video of the police Lt *SAYING* the officer was arrested. You are starting to bore me.
I have no idea if an officer saw the crime committed or if a warrant was issued, and I don't care. Again, I don't know what the basis is for your assertion that no officer saw it or there was no warrant.


-Robert