The "Powers" Of The Police -

What Powers Do They Really Have?

"Back in my early days as a Loss Prevention Manager I once caught a Store Manager stealing from the cash office of a major department store. When the Police arrived and arrested him, I heard the Store Manager ask them "What am I going to get for this? " The Officer quickly replied. "Depends on what side of the bed the Judge gets out of."

To me, that comment made sense. I already knew the Police have no idea what will happen next.
Even now, if an Officer arrests you for a crime and you ask him what your looking at for a fine or jail time,10 out of 10 cannot tell you.

Why can't they tell you? I believe and have always insisted to others that. "The Police ENFORCE the Law, they do not KNOW the Law."

So what does that really mean? Well, they don't know what the District Attorney will offer you in a plea deal. They don't know if the Judge will accept the plea deal. They don't know what the fine or sentence may be for your offense if you pled guilty. They don't know any of that! So when a Police Officer says to you " You better help yourself here.Your looking at ( # ) years for just this." Keep in mind, they don't really know what your "looking at or even what the fine will be.

So what are these "powers" the Police have that I keep talking about? Well, I believe they have only a few! The power to detain you, to arrest you, to question you, (you don't have to answer but they still have the "power" to ask ) and the power to charge you with a crime.

The power to arrest and charge you with a crime are the two powers they use the most. Some can and do use them to their advantage, if ever provoked.

Remember the "Dropped Charges I mentioned? " If you "upset" them, they usually can conjure up a few "other" charges to add to your original charge.

Let Me Give You This Very Real Scenario.


Lets say your pulled over for running a red light. Before you pull over to the side of the road, you go a little distance because you want to pull over in a safe area of the road. The officer walks up and gives you the standard "License and Registration" line. Then he asks you why "you ran that Red Light back there?" Keep in mind the way you respond may determine how he will react. Lets say you believe you DID stop for the Red Light. Lets say your a little put out at being stopped at all! So you tell the Officer how you feel and that you didn't do anything wrong and in fact, he had no right to even stop you! Well, now the Officer might use some of that "power" I have talked about. Lets also say, your really innocent of running that Red Light. That won't matter much right at this moment.
If you have upset the Officer, he may return to your vehicle with two tickets instead of just the one you expected. Running a Red Light, and Failure To Stop For A Police Officer."WHAT? How the Hell can he do that?" The Officer explains to you that he put on his lights and you did not immediately pull over. You explain to him that there were cars parked on the side of the road and that you were just looking for a safe spot to pull over, off the side of the road. At this point your story doesn't really matter, you'll still get the two tickets. Lets go a bit further.... Lets say your attitude changes again. You start swearing about receiving the new ticket, you start to argue with the Officer....anything at all. You may be threaten with arrest. If that happens, the Officer will place you against his cruiser, pat you down and put you in handcuffs. "Wait a minute, "You didn't just try to pull your arm away did you?" That's resisting arrest. Another Charge!
If your alone, without witnesses or without a licensed driver in the passenger seat, your vehicle also gets towed to a yard.

I was the passenger and had a license. He saved some money on the tow and storage charges.


WOW! WHAT JUST HAPPENED HERE?

Lets add up the "power" used in the above scenarios..

First - your vehicle was towed and the money you spend to get it back, is a loss. Even if later on you are found Not Guilty on all counts.

Second - You were arrested on three separate charges. This will increase any bail amount needed to gain your release.

Third - You now have to find the money to get bailed out. The Bail Commissioner's Fee, I believe is around $50.00 and that is a financial loss you will suffer.. Even if you are found not guilty on all counts!

Forth - Day 1 In Court to Plead Guilty or not Guilty to all three charges will result in a loss of pay from work if you are employed.

Remember, If you go right up and plead Guilty, the District Attorney, may not offer you a plea bargain.

If you plead Guilty because you just want to get this over with so you don't lose anymore time or money, The District Attorney will give a recommendation to the judge on how much of a fine they feel should be imposed, or how much time in jail time or probation time they would like imposed.

"If you plead Not Guilty, the District Attorney usually will offer you a plea deal before they attempt to prove their case. Their "deal" in this circumstance was "Plead guilty to running the Red Light and we'll reduce Failure to Stop and we'll "drop" the Resisting Arrest charge. You WILL use your bail money to help pay the fines, and make arrangements with the court on paying any balance if needed."

Your losses so far are in the hundreds. For "upsetting" an Officer.

But the Police know, you still had to bail yourself out, you lost at least three days pay going to court. one day to plead not Guilty, one day to go over the District Attorney' s offer, and if the offer is not accepted, a third day to plead your case in front of the judge. The Police also know, they get paid as a witness for the State. They get paid...you don't!
If your found not Guilty, you still lose 3 day's pay, the bail commissioner fees and gas and time. But if the charge(s) against you are substantial, the amount of money and time lost, may not matter. That charge on your record might be more important to you.

If you were guilty of running the Red Light... I'd suggest, you take the deal.

And never forget the "Power" they have

My friend felt that he was Not Guilty of running that Red Light and thought with me as a witness, he might win it. I felt he could beat the "made up" charges. I had a pretty good idea how to go about them. But I told him I questioned if both of our statements, about stopping for that red light, would be enough to beat an Officer's testimony. Keep in mind, if you plead Not Guilty, the offer to drop the other charges against you, will be rescinded as well. They will prosecute you for all offenses. I told him this and he still chose to fight it.

He was determined to plead Not Guilty and make the State prove it's case. I helped him to prepare the questions to ask the Officer, as well as his witness.... me.

Now....I figured Failure To Stop for a Police Officer - was winnable. Questions for the Arresting Officer - How far would you say in (feet, or miles), did I travel after you hit your lights? Did my speed ever increase? Would you say my speed decreased gradually as I pulled over to stop? At any point did you believe I was trying to elude you? Were their cars on the side of the road?
He was looking for a safe place to pull over. That is reasonable. That charge was dismissed.

I also figured Resisting Arrest - was winnable. Questions for the Arresting Officer - Did I kick you when you were arresting me? Did I punch at you when you were arresting me? Did I bite you as you were arresting me? Did I try to run away as you were arresting me? That charge was also dismissed.

He beat all three charges, which surprised me some. I had my doubts about the Red Light issue more than the other two charges. I testified that he did come to a complete stop, and take a right on red. I wondered if I would be believed over the Officer. I think the other two charges being won, gave the Judge thought to pause about reasonable doubt about the Red Light.

After, we had finished, we went upstairs to collect the bail money he had waiting for him.

So was this the time to celebrate winning his case?

Lets add it up.

So, Bail Commissioner's Fee, - $50.00,
Three days Missing Work To Go To Court - $270.00
Knowing you were just found Not Guilty of all charges but you still lose - $320.00

Priceless!

Bet he doesn't ever forgot the "Power" the Police.


BTW.... As I said, this was all based on how he answered the Officer's question, If the question is asked, "why did you run that Red Light? You should realize, the ticket has already been written, Even if you know you are NOT GUILTY, your response should always remain cordial. "I didn't realize that I did Officer," is a better response. Never apologize, that may be viewed as an admission of guilt. Take your ticket, drive away and spend the remaining night... in your own bed.

This scenario can be used over and over again. Upset a Police Officer and see what charges they can come up with, no matter what crime we are discussing. The charges may later on be dismissed or dropped, but he still cost you money and time.


Can The Police Really Put In A Good Word To The District.Attorney?

"Help Us To Help You'"

Although I can't make any promises, if you cooperate with us, I'll put in a good word to the District Attorney on how helpful you were. It may help with your own charges." I am sure you have heard this statement on TV...... or maybe in real life.

So, can they put in a "good word" to the District Attorney?

Sure they can. ....

So what can they offer you if you do cooperate? They can write in their reports how helpful you may have been. Could be in helping them against yourself or with another case.
Remember, giving them information against you helps them in their case against..... you.
The more you talk, the more new charges they probably can think up to bring against you.

Something to think about in regards to that Right To Remain Silent suggestion.

But Wait! "Why Wouldn't I Say Something About Another Crime That I Have Information About, If Doing So Might Help Me With My Own Case?"

Well, I never said don't say anything. I just said... don't discuss it with the Police.

It is the District Attorney's decision on what to do about your charges... not the Police! No matter what the Police say in your behalf, the District Attorney can chose to ignore it. ( lets think about this... how hard are the Police going to go, to attempt to change anything about your case? ) I believe the phrase "I can't make any promises" just about explains that.

So how do you get your information to work for you?

You remain silent and wait for your Attorney! If you have information that might help in a crime you may know about, give that information to your Attorney, not the Police!

If you have to wait until one is appointed, I still suggest you wait.

Your Attorney will do your talking for you to the District Attorney. They will see what the District Attorney will want to offer you for that information. Your Attorney can get a better "deal" than the Police.
Fun Facts! ( Or What Else Can They Do? )

Did you know all the police need to tow any vehicle, are three inspection violations?

Did you get pulled over for a tail light being out? Did you get a little loud and upset with the Officer? Well your first violation is the tail light. Now, lets make some up!

By placing a coin in between your tread, the Officer announces that your tire(s) is worn That's violation #2 ( each tire would be a single violation ) Shakes your front tire and announces that the "play" in the front end makes it unsafe. Your exhaust system sounds loud, wiper blades worn, license plates not properly attached, ( missing bolts? ) I could go on and on.

So once again your vehicle is towed away, you are given 3 tickets, and the only real thing wrong with your vehicle... was the break light!

Now your walking home, or calling a friend or taxi. Then if it's open, your traveling to the lot where your vehicle is. The lot operator probably will not release your vehicle to you unless ( 1. ) You have them repair all the violations. Remember, this is the garage that has the "contract" with the Police to tow.vehicles, I am pretty sure all the violations you were given will be proven to be accurate - not recommended.

( 2. ) Contact a tow truck yourself,and have the vehicle towed to a mechanic you use and trust!
Don't have one? Grab a phonebook and pick one! If the garage that towed your vehicle does the work, they will no doubt find fault in all the things the Officer found. They are already going to receive the tow costs from you and if allowed, will also receive the repair costs from you. Lets also not forget the fines that go with every violation fixed!

Your Mechanic, who has a State Inspection License, is trained to inspect vehicles (expert witness) will check for violations. If he finds that the Officer was wrong, about even one violation, he can state so in a report. He will also be stating that he fixed the tail light as well. No matter what he finds, it could be to your advantage.

If you meet with the District Attorney and show them the car was inspected by your Mechanic and it passed all violations except the tail light, they will probably drop the charges.
Your Mechanic can be subpoenaed by you to testify to the document. The District Attorney won't waste the courts time with this.

If the Mechanic finds nothing wrong with the Officer's findings, and if you fix the violations right away, and I mean RIGHT AWAY. You may still get the charges dropped.

Remember, your mechanic is NOT going in to testify for the State. And I doubt very much that the towing company even looked at the violations.

And also remember, this wasn't about showing you how to win this scenario. ( Although I hope it helps someone down the road. )

Help yourself and stay away from the "Power of the Police!"

"As hard as it may be at times, .. ALWAYS remain cool, collected and respectful."



My Final Thought


"How many of you have run into the really nice, polite Police Officer? The one willing to help you and answer all your questions with patience and understanding? Now, how many have run into the not so patient Officer? The one who seems bothered by your questions... the one with the "Attitude?" The more people I talk to, the more I have found that the "Attitude Officer" is still very alive and well, and living here in Maine."


If you would like to comment feel free to e-mail me at
s-tracy@hotmail.com