Use the average accident as an example. The vast majority are not witnessed by an officer, but if fault can be determined, by physical evidence and/or witness statements the at fault party is cited..
Yep.
Originally Posted by ltdan
In most states, an arrest for a misdemeanor must be on view..
Really? See that's what I hate about these kinds of discussions. You can never be "sure" that you know the law of "every" state, or even of "most" states. But I've never heard of a state where misdemeanor arrests need to be made on view only, and I've dealt with a few other state agencies. (NY, OH, MD, and NJ). You simply collect evidence, and if you meet your burden of proof, you make an arrest. I don't think in my career so far, I've "witnessed" more than a couple dozen misdemeanors (excluding DUI's), but I probably average making about 15 misdemeanor arrests per month (excluding DUI's).
Originally Posted by ltdan
A person can be charged (not arrested) when the incident is not witnessed by the officer with some exceptions (in Ohio they include petty theft, assault, and criminal child enticement)..
What's the difference between "charged" and "arrested"? I've always known them to be interchangeable. You file the charges, and the suspect is considered arrested. Unless you're talking about the difference between taking a suspect into actual physical custody, or filing charges through a judges office and having a summons sent through the mail...
Originally Posted by ltdan
If someone claims you were speeding, you would not be cited for it as it cannot be proven..
True, but you might be cited for careless driving, or some other catchall charge if the witnesses are willing to come and testify at your hearing.
Originally Posted by ltdan
If they claim you did doughnuts in their yard and the yard is damaged, you have grass and mud in your wheel wells consistent with the yard and there are witnesses, you will be charged.
Yep. But remember, the officer isn't looking for "beyond a reasonable doubt". That's not his burden of proof to meet. All he needs is "probable cause". In some instances he may simply collect the evidence, make the arrest, and leave it to the judge or jury to decide.
PS- Sorry, I'll try not to hijack the thread with an episode of "People's Court". lol
03-08-2010, 07:49 PM
