I need more information. The police need probable cause to stop you in the first place. A broken taillight is a perfect example of probable cause. When I make a DUI stop, I don't write any of the tickets until I get back to the station. My main concern at the time fo the stop is safety and the field sobriety tests. * Yes. A law officer cannot "force" the person to submit to a urine or breath analysis sobriety test. The accused has the legal right to refuse and to request to speak to legal counsel, although he or she would not at that time be eligible for a public defender.
Yes. The prosecutor's job would be to help the police secure a search warrant for a drug raid if there was suspicion of drug activity. A police officer involved in the raid could serve as an arresting officer if drugs were found. The DA would be in the same situation as the prosecutor.
That phrase refers to the agency for which the arresting officer works.
Yes, it is mandatory for an arresting officer to read you the Miranda Rights.
Neither may be required. If the officer's signature is required then the citation may be dismissed. You should contact the court listed on the citation for information .
The Supreme Court recently ruled against officers being able to take blood under suspicion of a DUI, even for repeat offenders.
the police officer gave a citation
GENERALLY speaking, the officer certifies the citation with his signature. If there is a specific place for the officer's signature and he did not sign the citation, you may want to ask the court to dismiss the citation. The officer may be allowed to re-issue the citation, but it is fairly likely that specific ticket is not valid.
No, any citizen can make an arrest, not just a uniformed police officer.
No, they cannot. In order for a citizen to enact a citizens arrest, most have to have witnessed you committing a felony crime. Then the citizen is the one who fills out all the paperwork and essentially is your arresting officer. In order for a Police Officer to arrest you, they must have reasonable suspicion that you've committed a crime.
Yes. a officer can issue a citation in any location.
The officer may perform a "Stop" when the officer has reasonable suspicion that the suspect may have committed a crime. The officer may perform a "Frisk" when there is a lawful "Stop", along with reasonable suspicion that the suspect is armed.
then the police officer would get fined for destroying a member of the publics property.
Yes, although you would need to show that the officer acted unreasonably in arresting you. If the officer had probable cause to believe you committed a crime, the arrest is lawful and proper, even if the officer's perception or decision was shown to be in error. So long as the officer acted reasonably, he is immune from civil liability.
If by this you mean Driving Without Automobile Insurance, and you received a citation from a Police Officer, then yes, it is. Any time you receive a written citation from a police officer, it is considered a "Misdemeanor"
We don't call them 'Miranda Rights' in the UK, there's just a standard statement that a police officer will give to a suspect when they are arrested. I can't remember it word for word, but it is very similar to: "I am arresting you on suspicion of...."(whatever the suspicion may be). "You don't have to say anything, but anything that you DO say may be taken down and used in evidence against you in a court of law".
it can be discharged
The defendant cannot change the citation notice before or after they sign it. The issuing authority (usually officer) completes the citation notice.
If the stop results in a criminal charge or citation, yes, the officer must inform you of what you're being cited for. If the stop does not result in a citation or punishment, the officer does not have to inform you.
If the officer does not appear when required, the citation is usually dismissed. But the officer is not always required.
Any force necessary to subdue you and take you into custody.
He was taken by the arresting officer to Perry.
The answer is yes, by law, he or she is a Police Officer. Though they work in Prisons, so the odds of them arresting someone, are very slim.