Originally Posted by Gerry
(Post 491560)
I am not sure about Florida but here in California if you are not driving the vehicle you can only arrest for DUI if you are blocking the roadway.. Now if they let him drive home that is a whole different story and bad on them!!.
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I can tell you that I have drawn down on off duty officers with guns between their seats, in glove compartments etc. until that person properly identifies themselves. I myself have faced the barrel of an officers gun due to an off duty weapon.
You mean to tell me the first thing you or other LEO's don't have out is your badge, LEO's here are required to carry at all times off duty,now I'm trying to get some understanding going and most of the cops I know have no problem with CCW's, part of the law for me having the CCW License is that I agree that it is not to be used against a LEO carrying out his prescribed duties. No we are not required to carry off duty at all times.. We can and it is a good idea but not required.. Therefore if you do not have your gun you do not have your ID/badge in public. If I am in a bank and it is robbed there is a god chance they will kill me just because I am an LEO. I am probably out numbered with a layoff person waiting for someone to try something and have I have no communication. Many have been shot in the back by a 2nd or 3rd party while taking action to stop a crime. Sometimes the best solution is to be a good witness instead of getting involved but you just have to do what you have to do to survive. I also believe that a gun to LEO is like a hammer to a construction worker we sometimes get comfortable with them and around other LEO's so we forget that we are not wearing identification. Most will show the ID and let us know there is a gun in the car. some forget it is there (the comfortable part). So Our Policy is no gun no ID.. If you would like to see some of the reasoning google Deputy Shane York of the LA County Sheriff Dept. At the Hairdresser's with his wife (who was also LEO) the store was robbed. they took his wallet and shot him execution style only because he was an LEO.. they didn't shot his wife because "I don't feel like killing no bitch today" both of their guns were in the trunk of their car. but they had their wallets with ID's in them on their person. Police Magazine |
ohio you can get a DUI for anything.. cutting your lawn on a lawn tractor with a beer? NAILED
driving a motorized bar stool down the street at a party? NAILED sleeping in a car drunk with your keys ANYWHERE in the vehicle? NAILED as otherwise in ohio, open carry is fully legal! just be prepared to have a gun pulled and be arrested by any LEO that see's you, you will be cleared in court so the arrest and bail is just an inconvenience. ---AutoMerged DoublePost--- and edit to that, we have CCW as of last year and it's very popular, we already had the 1 guy that ruined it for everyone. it's a good thing, you just can't carry in a bar, 98% of stores and restaurants, banks, work, etc. etc. would be pointless to even get it, hell I can get fired if I have any form of weapon in my vehicle at work (knifes included), locked up or not. what's the point of having the law if you can only carry 2% of anywhere you might go? remember it's better to protect the people your trying to protect yourself from, from you. |
In Alabama there is a bill in the House right now that would allow you to have a firearm in your truck while on the premises, if you are going hunting or target shooting before or after work. Also, you can have a loaded gun in your truck for personal protection. Also they are voting on lifting the ban on SBR's in our state. Which is no big deal cause you have to have a $200 federal permit to even have one.
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All LEO's here drive cop cars around the clock and take them home, so don't have a personal car most times, sweet deal getting a new car or truck every two years and don't have to pay for gas even if driving a 100 miles round trip to get to work.
But I think we still have the if the keys in the ignition, but he wasn't passed out he was trying to get in a car when I seen him and then played possum, but I guess it didn't happen if they didn't see it and even though he was drunk the car just appeared there I guess, I think they figured a kid driving a 70 thousand dollar car gets different treatment or the tag number came back to someone they didn't want to mess with. But if it would have been me just sleeping in the truck with the keys in it I bet it would have been a different story. Now I know stuff like happened in Washington State where 5 LEO's were gunned down by a nut occurs it is a low percentage, I know we a few people out there percentage wise who don't value anyone's life and will kill you just for fun, that's why over a million and half and carrying in Florida and our crime rate did go down. The bad guys don't know who might have a weapon and not be willing to die for your enjoyment, also I'm on the security detail at Church and have carried a weapon to church for years as well as many others, so I will be a target if someone comes in wanting trouble but someone is going to get you. So far we never had as so much as a car break in at Church but then we have a SWAT Captain keeping us ahead of stuff going around and set security early to show your not going to stroll into the parking lots during Church without someone asking if you need help. But for all the LEO's we have here be safe as the large percent of people don't want to see anyone get shot, but then we don't want you all playing let see who can write the most tickets in a traffic stop, there were two doing that here a few weeks ago,by long time officers, one is fired the other on a desk till they figure out what to do to them. Then they the story of a Orlando cop who pushed a woman down the stairs for no reason on video tape, took them 3 months to fire him, so they is a small percentage on both sides that ruins it for all of us. So I guess we all need to be safe out there!!! |
Originally Posted by Gerry
(Post 491560)
I am not sure about Florida but here in California if you are not driving the vehicle you can only arrest for DUI if you are blocking the roadway.. Now if they let him drive home that is a whole different story and bad on them!!.
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here is the section in California for arrest if the person is not seen driving.
40300.5. In addition to the authority to make an arrest without a warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists: (a) The person is involved in a traffic accident. (b) The person is observed in or about a vehicle that is obstructing a roadway. (c) The person will not be apprehended unless immediately arrested. (d) The person may cause injury to himself or herself or damage property unless immediately arrested. (e) The person may destroy or conceal evidence of the crime unless immediately arrested. |
Stupid Laws
In Florida, a special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine, and/or jailing. In Florida, if an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle. It is illegal to sing in a public place while attired in a swimsuit in Sarasota Florida. Men may not be seen publicly in any kind of strapless gown in Florida. I'm all for the above law In Florida, any form of sexual contact other than missionary position is a misdomeanor. (This is still a law. There have been several cases of people being brought up on these charges in the past 5 years alone. If the police enter a home with a warrent for some other crime and catch the 'culprits' in action, they can, and are, brought up on those charges.) Here's the whole list if you want to know if some of your state laws are in here Stupid Laws I was looking for Florida on DWI but I give up my eyes are crossing, to muck reading |
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