quote:
Originally posted by im4uhonee:
1. Why would the police respond to a complaint that someone had been kicked out of someone else's home? If my nephew comes over for a visit, spends the night and decides he's gonna just move in but I say no and make him leave. Are the police gonna show up to investigate? Do they not have more pressing cases to investigate?
2. The officers ask her to step outside her home. I see this as a way to arrest her for "PUBLIC" intoxication since she is outside her home, but she is still on her front porch. And what if she had said "No" to their request to step outside? Would they then arrest her for failure to cooperate, since she wasn't "Intoxicated in Public"? My guess is the "Public Intoxication" charge carries a higher fine than "Failure to Cooperate".
Here's an idea, next time your stopped by the police for whatever reason, intentionally slur your speach, talk like you have a "thick tounge" and see where it lands you. Do everything else like you normally would just talk with a slurred speach. Don't tell the officers you normally talk that way. See if you end up arrested for DUI, odds are you will. Then demand a blood alcohol test. When it comes back negative, sue the city and the police officer involved for false arrest.
If you call 911 the police are required to respond regardless of how trivial the call.
If she had not stepped outside there could not have been an arrest for DIP. No, peace officers don't carry around a list of fines and pick the most expensive one.
In order to make an arrest for DUI the officer must have probable cause. This consists of a seris of observations and field sobriety tests that they must be able to articulate in court. Slurred speech alone would not be enough for a DUI arrest.
If a person arrested for DUI passes a breath, blood or uring test the charges are not filed.
If a person decides to sue for false arrest after passing a breath,blood or urine test they must prove the officer knowingly ignored all evidence to the contrary and arrested them anyway.
This was a civil matter. The homeowner wanted a
resident in her home removed, the police don't have the power to do that. I imagine both the homeowner and the resident both refused to budge and it went downhill from there.