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Press Charges...yey or ney?

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Old 09-08-2010, 07:54 AM   #141
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and what makes you an expert on the law?
His Mom & Dad bought him a "Crime fighter" kit as a kid.....Now...He's running around with a plastic badge of some sort....
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Old 09-08-2010, 08:02 AM   #142
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His Mom & Dad bought him a "Crime fighter" kit as a kid....
I am "The Bat"
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Old 09-08-2010, 08:12 AM   #143
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His Mom & Dad bought him a "Crime fighter" kit as a kid.....Now...He's running around with a plastic badge of some sort....
lol....
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Old 09-08-2010, 08:24 AM   #144
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As a dog owner myself, hell yes, I would press charges and take him to small claims to cover the vet bill too. Any idiot runnin a pit off leash in an area with other dogs deserves what's comin to em'. Don't get me wrong, I love pit bulls, they are beautiful dogs, but in a dog park, no way would I let them off the leash. Sue, and sue hard!!
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Old 09-08-2010, 08:33 AM   #145
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Pitbulls

Pitbulls are great dogs if you raise them right I have one myself and he is great but these idiots like this guy are the people that end up getting them banned in places.
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Old 09-08-2010, 09:20 AM   #146
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and what makes you an expert on the law?
ND I hate to side with tigerfan but he is correct (legally speaking) on one part of his comment...In a lot of states if a misdemeanor is committed it must be in the presence of the offended party. In this case the LEO must have witnessed the crime in order for "him" to arrest or take some type of prosecutorial action. This is not a 100% rule as the courts have allowed certain exemptions, I.E. drugs (LEO's are not smart enough to know the technical composition of a drug to make an on the spot determination if a drug is what it appears to be. It must be sent to a lab or analysis. But the LEO can arrest using Probable Cause. Accident investigations are another exception to the law. Based on the evidence an LEO can cite for violations after he completes an investigation. What should have happened in this instance the LEO should have met the complaining parties heard their complaint then accompanied them to the offender! Once the offender is identified then the LEO will have the complaining party make a citizens arrest and from there the LEO takes it over except the complaining party must accompany the officer to the Police Station to sign a written complaint they will fill out. This is not 100% in all states but pretty much the majority of them. The LEO in my opinion screwed up and didn't find the compainant to find out what was going on....that is where he failed in his duties to the citizen. And that is what irked me...failure of an LEO to professionally discharge his duties.
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Old 09-08-2010, 09:49 AM   #147
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Originally Posted by rme View Post
ND I hate to side with tigerfan but he is correct (legally speaking) on one part of his comment...In a lot of states if a misdemeanor is committed it must be in the presence of the offended party. In this case the LEO must have witnessed the crime in order for "him" to arrest or take some type of prosecutorial action. This is not a 100% rule as the courts have allowed certain exemptions, I.E. drugs (LEO's are not smart enough to know the technical composition of a drug to make an on the spot determination if a drug is what it appears to be. It must be sent to a lab or analysis. But the LEO can arrest using Probable Cause. Accident investigations are another exception to the law. Based on the evidence an LEO can cite for violations after he completes an investigation. What should have happened in this instance the LEO should have met the complaining parties heard their complaint then accompanied them to the offender! Once the offender is identified then the LEO will have the complaining party make a citizens arrest and from there the LEO takes it over except the complaining party must accompany the officer to the Police Station to sign a written complaint they will fill out. This is not 100% in all states but pretty much the majority of them. The LEO in my opinion screwed up and didn't find the compainant to find out what was going on....that is where he failed in his duties to the citizen. And that is what irked me...failure of an LEO to professionally discharge his duties.
haha! yeah, i know jeff's a cop, my comment was sarcastic, but bob refuses to add a "sarcasm" font so i guess you couldn't tell
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Old 09-08-2010, 10:11 AM   #148
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I say yes. As far as his dog attacking yours get witnesses written statements or anything else a proof (ie pictures of marks on your pup). As far as his conditional thread against your gf, there isnt anything to hold him to that. Conditional threats dont hold much ground. If you are capable of finding his home you could always takes measures into your own hands. There is a Rock River in buy/sell/trade !
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Old 09-08-2010, 12:12 PM   #149
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Quote:
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haha! yeah, i know jeff's a cop, my comment was sarcastic, but bob refuses to add a "sarcasm" font so i guess you couldn't tell
I should have known loving sarcasm more or as much as anyone else....LMAO
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Old 09-08-2010, 12:30 PM   #150
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I should have known loving sarcasm more or as much as anyone else....LMAO
i dont love sarcasm....
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Old 09-08-2010, 02:24 PM   #151
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Originally Posted by tigerfan00 View Post
Preface...do not get defensive as I'm not intentionally taking the other side...but it may come across that way...

Now then...a question or 2

At what point should a LEO believe your side over the other guys?

You said yourself there were no injuries to your dog right?

Officer didn't witness the "attack" correct?

Many states...ticketable crimes must be witnessed by the officer...a ticket is considered a charging document and is signed by an affiant who witnessed the criminal act...if the officer didn't witness the dog off the leash in an area where it should've been and had no hard evidence showing such...he cant very well just charge the guy with a crime

Does it suck sometimes? absolutely...but when the evidence isn't there...and we only have the 2 opposing sides of the story...theres not always a determination that makes the innocent party happy

one side of a story is not always enough probable cause

Had your dog sustained some sort of injury...or you had video of the incident...that may have changed some things
True he can't charge a guy with the a crime since he didn't see it. We know the real truth but he can't take sides. Bottom line is we should have gotten names and numbers of the 50 plus people that witnessed the attack. I thought that the officer would have done so but I guess not. He left telling us that he would cite the offender for the lease law. The guy talked his way out of it I guess. Lesson learned. Hopefully his dogs won't harm another dog or a child. We filed a complaint and its on record. Next time we will get names and numbers of all of the witnesses. But we hope there won't be a next time!!
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Old 09-08-2010, 02:36 PM   #152
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Wooo wasnt there a birthday party with scared children, arnt those witnesses and I am willing to be that somebody was recording the birthday and caught the crime on tape or somebody pulled out there phone..
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