[Rant]

[Wilbur]

I would have been happy if he spent some time in jail.

But, the jail part comes after conviction, not before, and is up to the judge, not the police officer.

The going to jail part puts that guy in the front door and out the back door before you even get home.  The police officer can't make the arrest, you would have to do that and then you would have to go to the jail to sign your paperwork.  Again, the bad guy is out before you get home from doing the paperwork.

The ticket works the same and the guy gets a court date, where he goes before a judge.  If convicted, the judge determines sentencing.

[custosnox]

But, the jail part comes after conviction, not before, and is up to the judge, not the police officer.

The going to jail part puts that guy in the front door and out the back door before you even get home.  The police officer can't make the arrest, you would have to do that and then you would have to go to the jail to sign your paperwork.  Again, the bad guy is out before you get home from doing the paperwork.

The ticket works the same and the guy gets a court date, where he goes before a judge.  If convicted, the judge determines sentencing.

If it's not up to the police officer, then why do they take people all the time for misdemeanors?  And with DLM, it takes more time to get released then it does for me to get home.  You can pretty much count on him being there for at least 4 hours.  Even more if it's later in the evening when he gets picked up.

[guido911]

But, the jail part comes after conviction, not before, and is up to the judge, not the police officer.

The going to jail part puts that guy in the front door and out the back door before you even get home.  The police officer can't make the arrest, you would have to do that and then you would have to go to the jail to sign your paperwork.  Again, the bad guy is out before you get home from doing the paperwork.

The ticket works the same and the guy gets a court date, where he goes before a judge.  If convicted, the judge determines sentencing.

Sorry Wilbur, really, but your post is incorrect in so many ways that a discussion is unwarranted.

[Wilbur]

If it's not up to the police officer, then why do they take people all the time for misdemeanors?  And with DLM, it takes more time to get released then it does for me to get home.  You can pretty much count on him being there for at least 4 hours.  Even more if it's later in the evening when he gets picked up.

The court determines whether the offense is arrestable, citable or both, not the police.  In the same way the court determines what the fines are, not the police.

[Wilbur]

Sorry Wilbur, really, but your post is incorrect in so many ways that a discussion is unwarranted.

Since you have such a knowledge of the criminal justice system, please share.

[custosnox]

The court determines whether the offense is arrestable, citable or both, not the police.  In the same way the court determines what the fines are, not the police.

so then, when a cop decides to take a guy to jail for public intox because he had a drink and walks down the street, the court determined it in that case?  No, the police make the initial decission.  If they stay there after that is up to the courts

[sauerkraut]

It helps to vent,  and let off some steam when we are wronged.

[DolfanBob]

so then, when a cop decides to take a guy to jail for public intox because he had a drink and walks down the street, the court determined it in that case?  No, the police make the initial decission.  If they stay there after that is up to the courts

You are right on the public drunk arrest. I had one glass of Champagne New Years Eve several years back. A friend of mine was pulled over in the complex that my girfriend lived in. I went out to talk to the officer's(B.A.) The officer asked me to step back and if I had anything to drink that night. I said who hasnt it's New Years. He said turn around and put your hands behind your back. I told him I had one glass of Champagne and I would take any field sobriety test he wanted me too. I immediately lifted one leg and started touching my nose rapidly. He informed me that he did not have to administer one that it was up to the discretion of the arresting officer so turn around. I spent 8 hours of sober lockup in the B.A. jail.

[Wilbur]

so then, when a cop decides to take a guy to jail for public intox because he had a drink and walks down the street, the court determined it in that case?  No, the police make the initial decission.  If they stay there after that is up to the courts

If the police take enforcement action, the enforcement action is mandated by the court.  In this instance, you are correct, public drunk is an arrestable offense only.  No citations.

You can go to

http://cityoftulsa.org/media/17866/Title37_000.pdf

These are the directions of the court dealing with traffic offenses.  I couldn't find one on the web site for the penal code offenses, but there is a similar list put out by the court.

[waterboy]

You are right on the public drunk arrest. I had one glass of Champagne New Years Eve several years back. A friend of mine was pulled over in the complex that my girfriend lived in. I went out to talk to the officer's(B.A.) The officer asked me to step back and if I had anything to drink that night. I said who hasnt it's New Years. He said turn around and put your hands behind your back. I told him I had one glass of Champagne and I would take any field sobriety test he wanted me too. I immediately lifted one leg and started touching my nose rapidly. He informed me that he did not have to administer one that it was up to the discretion of the arresting officer so turn around. I spent 8 hours of sober lockup in the B.A. jail.

This is not unusual but not common knowledge. Both my son and a neighbor's son were both arrested (different occasions) and jailed even though they had only had a beer and were not given a field sobriety test of any kind. The officer "suspected" he was intoxicated and that was enough. All they were guilty of was being smart mouth teenagers which the officers took umbrage with. We figured it out pretty quick. Its the money.

[nathanm]

This is not unusual but not common knowledge. Both my son and a neighbor's son were both arrested (different occasions) and jailed even though they had only had a beer and were not given a field sobriety test of any kind. The officer "suspected" he was intoxicated and that was enough. All they were guilty of was being smart mouth teenagers which the officers took umbrage with. We figured it out pretty quick. Its the money.

And people wonder why some folks have an attitude problem when it comes to the police.

[guido911]

If the police take enforcement action, the enforcement action is mandated by the court.  In this instance, you are correct, public drunk is an arrestable offense only.  No citations.

You can go to

http://cityoftulsa.org/media/17866/Title37_000.pdf

These are the directions of the court dealing with traffic offenses.  I couldn't find one on the web site for the penal code offenses, but there is a similar list put out by the court.

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. 

[Hoss]

You are right on the public drunk arrest. I had one glass of Champagne New Years Eve several years back. A friend of mine was pulled over in the complex that my girfriend lived in. I went out to talk to the officer's(B.A.) The officer asked me to step back and if I had anything to drink that night. I said who hasnt it's New Years. He said turn around and put your hands behind your back. I told him I had one glass of Champagne and I would take any field sobriety test he wanted me too. I immediately lifted one leg and started touching my nose rapidly. He informed me that he did not have to administer one that it was up to the discretion of the arresting officer so turn around. I spent 8 hours of sober lockup in the B.A. jail.

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.

[mr.jaynes]

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.

Hoss, here is where we differ. For me, especially in my formative years, I had favorable dealings with the BAPD, and I fondly look at these individuals as trusted advisors and friends. I'd been pulled over in the past (never ticketed by them), for things such as a burned-out taglight, but you know, it was legit. Now, some of the rookie officers, sure, they can be a bit hotheaded, a bit powermad, but they do grow out of it.

[Hoss]

Hoss, here is where we differ. For me, especially in my formative years, I had favorable dealings with the BAPD, and I fondly look at these individuals as trusted advisors and friends. I'd been pulled over in the past (never ticketed by them), for things such as a burned-out taglight, but you know, it was legit. Now, some of the rookie officers, sure, they can be a bit hotheaded, a bit powermad, but they do grow out of it.

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).