No, the officer is reporting the event as he or she interprets the situation. Police officers report information given them by the person making the complaint, by the person charged with the complaint and by what they personally observe at the time of the investigation. Whether such information is true and accurate is decided in court if the person is charged and brought to trial. The issue of the claimant giving false information does not constitute abuse by authorities even if the accused person is taken into custody. That constitutes an abuse of the system, and the fault lies solely with the person who makes a complaint based on falsehoods and intentional deceit. * No, it's not abuse. You were not physically nor emotionally damaged and you never were actally arrested. If you and your wife are having trouble, my advice as a law enforcement professional is to keep the police out of your proceedings if at all possible. Neither of you will make friends by filing petty reports and trying to get the police to hassle the other party. There are far more adult ways to handle things. * In almost all jurisdictions any complaint or indication of domestic abuse/violence MUST result in actions by the responding officers that will essentially make an escalation of the violence, at least for the immeadiate future, impossible. They are not the judges of what is ultimately determined to be the legal position, they are the protectors of the people and society involved. Even if it is ultimately shown that on every possible level, you had done nothing wrong AND the other person did AND the officer should have known it: I can't see how that can possibly considered abusive. The most it is was incorrect....and believe it or not, many people even in easier situations with the best of intentions and training, have been. Maybe you too? That generally isn't against the law.
The accused officer would most likely be placed on paid administrative leave until the internal investigation was completed. Once formal charges are verified, then the officer could be suspended without pay until arraignment.
Yes, if he has probable cause to take the blood and the evidence that will be obtained is dissipating. A common example is when someone is arrested for driving under the influence. Some circumstances do not permit the accused to refuse to provide a sample for blood alcohol testing, and the officer can use force to obtain a blood sample, if necessary.
Charged - A formal accusation of an offense which is the preliminary step to prosecution. It does NOT mean "The Accused Person or Business" has been CONVICTED or found GUILTY of an illegal offense or crime. More so, it IS an accusation by someone representing the law, most likely a police officer. It DOES mean that the "The Accused Person or Business" will go before a court of law where a prosecutor - which is an attorney representing the Federal Government - will attempt to prove to the court that "The Accused Person or Business" is guilty of the said illegal offense or crime.
In California, YEAH it's true
You can get arrested for assaulting anyone, including an off duty peace officer.
The officer arrested the robber.
James Stewart was arrested today for impersonating an officer.
He was arrested for bribery. He was the first U.S Cabinet officer to be arrested while in office.
You can be arrested anywhere as long as the officer tells you what you are being arrested for and it's probable cause. Example: The officer can arrest you for buying a pack of gum but he can arrest you for stealing a pack of gum even though its not a lot you can still be arrested.
fine, possibly jail time depending on who the officer is and who your judge is.
After being arrested the officer in charge of the lock up or station may release people charged with a summary offenses. Or they can charge you with indictable offense, the accused must be brought before the judge in 24 hours for bail hearing.
assaulting a police officer
Huh? What did they charge you with when they got you to the police station?
When you are arrested for a driving while intoxicated offense, a police officer will ask you to submit to a chemical test to determine your blood alcohol content or drug level. This is called the "implied consent" law.
Is it an offence to give a false report to a peace officer, and what does a peace officer do????
No, they send a tow truck to come get it. A Police Officer can drive your car if you have been arrested. If the car is in a dangerous position they would move it to somewhere safe.
That depends entirely on your relationship with the arresting officer. If you are difficult then it is likely that the officer will be difficult in response.However, if you threaten him/her,they might...but dont.you could get arrested LONGER for assaulting a police officer.
The officer can require you to perform field sobriety tests and submit to the breathalyzer on the scene. If you blow above .08 BAC you will be detained and taken to the station to submit to another breathalyzer or possibly a blood draw.
Yes. All that the officer needs is the KNOWLEDGE that the warrant exists.
Officers Day and Mixon