Thread: what they say-what it means
10/30/2009 3:10pm, #31
10/30/2009 3:18pm, #32
I may have the discretion to not charge the weapons charge in the first place and send a guy to the hospital instead.
If I decide to charge someone and they made some sort of suicidal threat I typically have the person placed on watch till they see the judge who can request that the person gets a "forensic examination" when he/she arrives at the county holding center.
I (as I am a supervisor) could also release the prisoner after booking with an appearance ticket and a court date to return on, then plop them in am ambulance for a ride to the hospital for an evaluation under our Mental Hygiene Law Section 9.41.
You don't have to be "mentally ill" to be subject to 9.41...if you even say something like "Im just going to go home and end it all" while being booked you just placed me in a liability conundrum. If I think you are just saying this out of frustration and I let you go...well you see where this is going...so I will send you to a doc to let him determine how serious you were.
Last edited by tgace; 10/30/2009 3:26pm at .
10/30/2009 3:24pm, #33
And not knowing the exact circumstances of what form of "weapons violation" we are talking about makes it difficult for me to tell you what I would do in this situation.
10/30/2009 4:21pm, #34
10/30/2009 4:32pm, #35
The only "mandated arrests" per actual written NYS Law are domestic violence crimes. Take a look at our criminal procedure law and you will note that it says "officers MAY arrest" in most sections, but says SHALL arrest in the domestic violence section.
Officers have broad discretion in making arrests.....
Departmental policies and "operational reality" are a whole other matter....could I just let someone with a gun go? Well it would probably get me in trouble with my PD, but I would not have broken any NY Law by doing so.
It's "possible" that an officer here could take a weapon off of a person and let them go pending further investigation by our detective bureau and a subsequent warrant applied for. Highly unlikely...we would normally just arrest.
Last edited by tgace; 10/30/2009 4:57pm at .
10/30/2009 5:24pm, #36
10/30/2009 5:31pm, #37
While most of the times it's as simple as "you have a gun but no carry permit..I arrest you"...it MAY not ALWAYS be that simple.
10/30/2009 5:42pm, #38
Treat cops like their human beings and presto.You are not free whose liberty is won by the rigour of other, more righteous souls. Your are merely protected. Your freedom is parasitic, you suck the honourable man dry and offer nothing in return. You who have enjoyed freedom, who have done nothing to earn it