Civil Disputes
I am going to suggest that where you have a civil dispute that has criminal code implications, you consider turning the matter over to the prosecutor for charges.
If necessary, give a citation.
Worst option -- arrest and take down to the station.
Officers are being sued like crazy for arresting people involved in civil suits.
A recent one is this -- a complainant says the neighbored keyed her car. The neighbor was around the car and the neighbor got a video of this. But apparently there was no way of saying for sure that the neighbor keyed the car.
These neighbors had been bickering at each other for a long time.
The officer arrests the neighbor without questioning him. Eventually, the case is dismissed.
The court ruled that the officer could not get summary judgment or qualified immunity as he failed to investigate the crime thoroughly enough to ensure that there was probable cause.
I could cite 100 cases like this -- only much worse.
Best -
DA

0 Comments:
Post a Comment
<< Home