Mike1951 wrote:handog wrote:Mike1951 wrote:Handog, if I had the original, I'd be happy to scan the 18 pages into a PDF file. We can probably find a site where we can post it.
Until that happens, we will continue to read gigag04's opinions that all LEO's are perfect and that no officer can ever be wrong.
Mike, (no offence) I really don't care if you believe me or not; besides it's public record. You can request a copy but you won't get the original.
It need not be the original as long as the copy is clean enough to scan. I have always believed you. I'm just tiring of gigag04's pious defense of all LEOs.
However, if it isn't posted, more will question why it wasn't. My offer was to stop the second guessing, but I'm not motivated enough to request my own copy.
Wow - don't think I've done this on this post or others. In my (short) time as an LEO I have known people to make mistakes. Amazing enough...it happens (sarcasm). I'll be the first one to admit that LEOs aren't perfect. I've known some that have a chip on their shoulder, etc. Thank goodness the FBI takes allegations of violation of civil rights (18 USC 241 and 242) seriously and will investigate and prosecute those actions. It speaks volumes to me about how we should conduct ourselves if (wrong or right) you guys in this area feel this way about your local departments. Call me crazy but I think that a person should be able to trust the police, and expect professional, and fair enforcement...it's sad that this is not the case.
I haven't defended "all LEOs" nor do I feel the anyone is guilty until proven innocent....just trying to offer a perspective that not many people are privy to....that's it. (Maybe it's so shocking that something like this would fly - becauase I've known people to have been fired for far less) It appears that in doing so I have stirred the pot and gotten this thread way off track with a different discussion. I apologize and will make an effort to keep any further posting in this topic inline with the original track of the wording of the probable cause statement.
As far as the wording of "because so and so intentionally failed to conceal" - that is how every arrest document is worded. In the officer's opinion that is what happened. If it has happened as described, then I definitely disagree with his interpretation of the events, however I was not there so I can't tell you what his line of thought was. This is where the courts decide whether or not the officer was correct in his probable cause. PC is a far lesser burden of proof than proof beyond a reasonable doubt. And, the courts sided easily in the OP's favor.
As a sidenote (this will really get you guys going) - he didn't have to add the word "intentional" at all. Most PC statements are fill in the blank for the charging the preamble (name of defendant, date/location of offense, which offense was committed) - the only part that really matters is after that which is the meat - it is the officer's narrative as to what happened. I would guess it to be 2 maybe 3 pages long counting the preamble. That is where the officer will meet the elements of the offense leading up to his probable cause to arrest the defendant.
Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison