[Rant]

[waterboy]

But it depends on when that was I think.  My worst recollections of BAPD were from the mid to late eighties.  I think they started getting a complex about growing so much so quickly and usually looked down upon anyone with a city (Tulsa) address as a 'feren'r' (that's foreigner in hick).

Yes, they had problems with their emerging "identity" in the eighties. I was an ad rep for the World stationed there in 1982. Coat and tie job. I got pulled over by BAPD's finest for no reason. I hadn't violated any laws and my Tulsa tags had recently been purchased. The officer simply wanted to know why I was in their city. That really creeped me. The feeling at that time was that most of their crime was coming from Tulsa. It was very much like Mayberry, RFD.

[Wilbur]

You said "penal".

With that Beavis & Butthead moment having passed, let's talk about law enforcement and the Court's role. First, your link is to the City of Tulsa's municipal code. There is an entire section in Oklahoma statutes relating to traffic laws (Title 47) and criminal offenses (Title 21) which the police likewise enforce. But more importantly, this thread was about a reported assault or battery and the police officer's refusal to arrest and detain the suspect. That was his call I suppose based upon whatever investigation he did, but the fact is the officer could have arrested this guy and made him post bail to secure his appearance in court. So to your earlier point, the judge does not always determine who gets locked up. As for the judge determining the sentence, that's a big misconception since most cases are plea bargained whereupon a sentence is agreed upon between the DA and the defendant. The Court in nearly all instances basically gives its formal blessing to the deal (unless of course it is an Alford plea).

My hang up in this instance is that this was a physical attack. The guy should have been arrested and forced to post bail to impress upon him the seriousness of the charge. 

Oh, Guido -

Yes, there are other state charges that mirror city charges, but officers are not allowed to file them (state charges) under many circumstances if there is an equal city charge.  If they do, the DA declines the charge, then sends a note to the officer telling him/her to refile in city court.  Not saying it's right or wrong, it just is...

[Conan71]

That's not surprising; BA police officers for the most part are jackasses.  Every one I've ever dealt with had a power complex big time.  I call it the 'Barney Fife Syndrome'.

Please make sure they're only getting one bullet.

And you can bet officer Rob Farva just traced your IP and you'll be getting a visit in the near future from their special ops.  Be on the lookout for black helicopters hovering over your house.

[Hoss]

And you can bet officer Rob Farva just traced your IP and you'll be getting a visit in the near future from their special ops.  Be on the lookout for black helicopters hovering over your house.

Is that anything like Fox News Security?

[mr.jaynes]

Yes, they had problems with their emerging "identity" in the eighties. I was an ad rep for the World stationed there in 1982. Coat and tie job. I got pulled over by BAPD's finest for no reason. I hadn't violated any laws and my Tulsa tags had recently been purchased. The officer simply wanted to know why I was in their city. That really creeped me. The feeling at that time was that most of their crime was coming from Tulsa. It was very much like Mayberry, RFD.

Was he a rookie, kid cop type?

[Hoss]

Was he a rookie, kid cop type?

When I was getting pulled over around the mid/late eighties, that seemed to be ALL they had.  Four consecutive incidents in a year.  First time they pulled me over for a 'dimming' taillight.  I asked what the hell that was and he told me one tail light was dimmer than the other.  Wow.  He then proceeded to search my vehicle because he thought I looked like the pot smoking type.  Was a little more than infuriated that he found nothing, but let me go.  After that it was a series of traffic stops varying from not coming to a complete stop at a stop sign (horsecrap) and 'exhaust too loud'.  I had glass packs, and while they were kinda loud, I heard a guy driving south on Elm with exhaust way louder.  It took everything I had to not ask this guy 'are you gonna cite him as well?'.

[DolfanBob]

Yes, they had problems with their emerging "identity" in the eighties. I was an ad rep for the World stationed there in 1982. Coat and tie job. I got pulled over by BAPD's finest for no reason. I hadn't violated any laws and my Tulsa tags had recently been purchased. The officer simply wanted to know why I was in their city. That really creeped me. The feeling at that time was that most of their crime was coming from Tulsa. It was very much like Mayberry, RFD.

I got to know one of the B.A. police officers and his wife who also worked for the B.A.P.D.
He was one in his early years on the department that would generally kind of harass younger people out at night. He was not the kind to rough people up but you could just tell that it was his type of personality.
Anyway my first question to him was, why after 10 P.M. at a light or stop sign do they run your tag ? you can sit there and tell they are doing it. His answer was the same as waterboy's cop. We just want to know what you are doing in B.A. at that hour.

[waterboy]

Mr.J, perhaps he was a younger guy, but so was I. I don't remember him specifically. The same thing happened to a fellow friend who was a yellow pages sales rep in Cleveland, OK, only he was black and they told him to be gone by sundown! Remember, BA didn't allow restaurants to serve mixed drinks at that time. Dancing, drinking and just hanging out weren't allowed. That's what Tulsa was for. There was one beer joint on Main that was allowed to operate because they had uninterrupted ownership since forever.

Actually, it was a nice little town, just a little bit anal.

[mr.jaynes]

I got to know one of the B.A. police officers and his wife who also worked for the B.A.P.D.
He was one in his early years on the department that would generally kind of harass younger people out at night. He was not the kind to rough people up but you could just tell that it was his type of personality.
Anyway my first question to him was, why after 10 P.M. at a light or stop sign do they run your tag ? you can sit there and tell they are doing it. His answer was the same as waterboy's cop. We just want to know what you are doing in B.A. at that hour.

If that's who i think he is, i knew him and his wife. I love them both! He's ok, maybe a little tense and stressed is all.

[mrducks]

What makes the difference is whether the misdemeanor (the crime) occurred in the officer's presence or not. Public intoxication is a misdemeanor that occurs in the officer's presence and therefore he can make an arrest. Getting hit and making a report later is what is known as a misdemeanor not committed in their presence and according to the city's municipal court results in a book to court citation. The police have been instructed not to arrest on a city charge if a citation can be issued since the city now has to pay the jail for municipal "prisoners". I do wish people would blame the correct people for the legal system and quit blaming police. Police have rules they have to go by also.