Occam's Razor
Risible...ALWAYS risible
- Joined
- Jun 28, 2005
- Posts
- 2,551
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I was talking about the local cops ability to hold a person for 72 hours without charging them.Secret Squirrel said:You make such blanket statements. Actually the US government can hold a person indefinately depending on the situation. They are doing it right now. They held an american citizen for like 3 years and finally released him for a trial. Every state has different rules and every department has different practices.
satpak77 said:You seem to be hung up on the "local officer enforcing federal law" theme.
Kansas Criminal Code, section 21-3110 (10) defines law enforcement officer as
(10) "Law enforcement officer" means:
(a) Any person who by virtue of such person's office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes;
This person was likely arrest for Impersonation of a Law Enforcement Officer (a state charge) however the prosecutor likely referred it for Federal Prosecution since he claimed to be an Air Marshal and the federal penalties are much greater. State prosecution was likely declined in lieu of federal prosecution.
"Federal Air Marshal" fullfills the state of Kansas "law enforcement officer" definition. As such, the police officer made a legal arrest for a state charge.
This subject was (based on reading the news article) later released and at some point federal investigators became involved and pursued a federal indictment for impersonating an Air Marshal.
By the way, "False impersonation" is a misdemeanor under State of Kansas law (21-3824 is the statute)
FN FAL said:That's fine, but there's a lot of assumptions in your post.
You're assuming the traffic stop wasn't for DUI, which would have given the police all the reason they would have needed to hold him.
Your're assuming that local police charged the subject with anything.
You're assuming that he was held and then released.
The press release and news article mention none of these things.
As for the "theme", I already said that the local police could detain a person for 72 hours without even charging them...that concept has nothing to do with state v. federal authority.
When did say screw anybody? If they are abusing the FFDO status, they should lose it. I didn't say PROSECUTE them.Uppercrust said:Wow! Go after them and screw them hard. It's nice guys like you that make this job so fun. Why not talk to them? Better yet, mind your own business. What a thought.
gto2002 said:I've been told at training they are told how supposedly to get out of tickets and what not. It amost makes going to training worht while.
It amost makes going to training worht while.
How Long's a Chinaman?satpak77 said:actually you are the one assuming....if the stop was for ANY traffic violation that is PC enough to make the "I am an Air Marshal" arrest
If you're not charged, it's neither... it's a warrantless arrest. That's why the popo's have to wait until the judge pulls up his panties on Monday morning and opens up the courthouse for business. Unless Monday is a holiday...then it's Tuesday. Do math...friday afternoon, subject arrested on suspicion of misdemeanor qwidgeybo or felony gawking with intent to mope...the cops aren't sure which one will stick, so they hope for the best.satpak77 said:as far as "detain someone for 72 hours without charging them" please clarify this.
Felonies? Misdemeanors? both?
No, that's called law school. That usually means about 7 years of sitting in classrooms. Or two years on-line at DeVry.gto2002 said:I've been told at training they are told how supposedly to get out of tickets and what not. It amost makes going to training worht while.
satpak77 said:Going back to the TSA site, you are an FFDO only when the cockpit door is shut. You are not "an FFDO just because you are travelling in your vehicle"
In that case, you are an airline pilot who was issued FFDO creds. The title of the program is Federal FLIGHT DECK Officer, and it does not involved enforcement or investigation of anything, other than the defense of the cockpit/flight deck.
Those of you who carry your FFDO creds around thinking you are FFDO's while you shop at Home Depot are in error. At Home Depot you are Joe Blow citizen, and FFDO status does not provide for any special weapons carry ability above and beyond cockpit duties.
If you carry a weapon into the Post Office, and think your FFDO creds will waiver the "no guns in US Govt buildings" rule, you are wrong.
gto2002 said:Just what a freind told me when he finished training, he did not say itwould work 100% of the time. Question: These aren't the same tools that wear their uniforms to the bars to attract attention? Why else would you want to make your FFDO status known to others outside of the industry?
FN FAL said:How Long's a Chinaman?
If you're not charged, it's neither... it's a warrantless arrest. That's why the popo's have to wait until the judge pulls up his panties on Monday morning and opens up the courthouse for business. Unless Monday is a holiday...then it's Tuesday. Do math...friday afternoon, subject arrested on suspicion of misdemeanor qwidgeybo or felony gawking with intent to mope...the cops aren't sure which one will stick, so they hope for the best.
Popo does the police report, popo takes the man down to photo-id for processing, popo takes the man over to county for secure detention until there can be a judicial review. Monday's a holiday and so the man sits until Tuesday afternoon...thats damb near 80 hours. Then, to top it off, when the judge sees the subject, he gets the man to make a plea agreement on the spot for the misdemeanor of qwidgeybo, if he pleads guilty and pays the 100.00 fine in week. Boom, done deal...next.
Or...the judge sees there's not enough evidence to bind the man over for trial and the man walks.
gto2002 said:I've been told at training they are told how supposedly to get out of tickets and what not. It amost makes going to training worht while.
erichartmann said:An FFDO who is outside the cockpit remains an FFDO subject to the provisions of his SOP. He may not act as an FFDO outside the cockpit. He is a federal law enforcement officer who is outside of his jurisdiction, but must still act in accordance with the provisions of the SOP. I'm quite sure there are situations in which an FFDO could legally have his issue weapon in his possession in a post office or other facility in which he could not carry a personal weapon, but and this is key, he is not empowered to act i.e. use the weapon. I asked some very specific questions with examples during training.
No kidding? Damb, you're good.satpak77 said:FN, all crimes are either felonies or misdeamenors, period. Whether the arrest is with warrant or not, is independent of whether it is a felony or not.