Can you be put in jail?

[x007x]

Hello, can you be put in jail if your pulled over, and you have a CHL? As in, the cop feels offended that a civilian has a chl, and also you did not break any laws.

[jmra]

Hello, can you be put in jail if your pulled over, and you have a CHL? As in, the cop feels offended that a civilian has a chl, and also you did not break any laws.

If he places you under arrest and takes you to jail soley because he is offended by a civilian having a CHL, all I can say is he better have something else to put in his report otherwise he will need to find a new profession and you will be able to afford the nicer things in life.

[AEA]

Hello, can you be put in jail if your pulled over, and you have a CHL? As in, the cop feels offended that a civilian has a chl, and also you did not break any laws.

If you don't mind me asking.........
Where did you take your CHL Class?

[C-dub]

Granted, the "arresting" officer is going to have some explaining to do, but what the OP may be wondering, because now I am, is are they any checks on this arrest before the bars slam shut on one that would prevent this from occurring in the first place? It seems like there would be at least one other person that would have to go along with this to actually get someone locked up, at least for the night, before something hits the fan in the morning.

[speedsix]

...one being arrested USUALLY has access to a supervisor either on the street or at the booking desk...in my experience he was in no way likely to be better versed on the current laws than the rookie street officer...

...at any rate...once the cuffs are on and I'm riding the barred taxi...it had better be a good arrest...

[The Annoyed Man]

Hello, can you be put in jail if your pulled over, and you have a CHL? As in, the cop feels offended that a civilian has a chl, and also you did not break any laws.

If you don't mind me asking.........
Where did you take your CHL Class?

Exactly. You can be put in jail because the cop doesn't like the color of your eyes. But without a better reason than that, cops who jail people who have broken no laws usually wind up with far more legal grief on their hands than whatever grief they gave you. FWIW, the far more common experience is that most cops not only don't have anything against CHL, but many of them actively encourage it. I really don't think this is something that you need to worry about......unless you're one of those less evolved folks who give a cop attitude whenever they cross paths.

Granted, the "arresting" officer is going to have some explaining to do, but what the OP may be wondering, because now I am, is are they any checks on this arrest before the bars slam shut on one that would prevent this from occurring in the first place? It seems like there would be at least one other person that would have to go along with this to actually get someone locked up, at least for the night, before something hits the fan in the morning.

They have to actually state a reason for why you are being jailed. They can't just round people up and throw them behind bars without there being reasonable suspiscion that a crime has been committed, and that you are the perp. And even then, you can't be held indefinitely. We still have habeus corpus standards in this country with which all law enforcement officials are required to comply, from judges all the way down to rookie beat cops in training.

They really only have two choices: charge you with a crime and set the bail amount (and have a trial and all that entails), or release you and hope that you don't make it too costly for them. For this reason, police departments have a vested interest in making sure that they are doing the right thing, and trying to meet those requirements BEFORE it ever comes down to risking depriving an innocent person of their freedom. That is still a big no-no in police work.

[RoyGBiv]

Hello, can you be put in jail if your pulled over, and you have a CHL? As in, the cop feels offended that a civilian has a chl, and also you did not break any laws.

So now that you have your answer.... I'm curious about why you're asking this question...
What's the story?

[VMI77]

They have to actually state a reason for why you are being jailed. They can't just round people up and throw them behind bars without there being reasonable suspiscion that a crime has been committed, and that you are the perp. And even then, you can't be held indefinitely. We still have habeus corpus standards in this country with which all law enforcement officials are required to comply, from judges all the way down to rookie beat cops in training.

They really only have two choices: charge you with a crime and set the bail amount (and have a trial and all that entails), or release you and hope that you don't make it too costly for them. For this reason, police departments have a vested interest in making sure that they are doing the right thing, and trying to meet those requirements BEFORE it ever comes down to risking depriving an innocent person of their freedom. That is still a big no-no in police work.

A rather optimistic view I think. It seems to assume an honest LEO, and if the LEO is honest, there is no chance of being arrested without having done something to warrant it in the first place. If the LEO is dishonest enough to arrest you "just because" then he is dishonest enough to falsely charge you with a crime. The presumptions are all in his favor. For example, he could say he pulled you over for running a stop sign and that you got verbally abusive and took a swing at him (and I'm sure he'd be smart enough to do that off camera) --then arrest you for assault on a police officer and the old favorite "resisting arrest." Youtube has plenty of videos of cops being tripped up making false charges like this without realizing they were being filmed. I highly doubt that the incidents filmed are the only incidents.

The reality is if you run into a bad LEO, and there are no witnesses (sometimes even if there are witnesses) he can do just about anything he wants, up to, and including killing you, and he will very likely get away with it --unless he does it so frequently that it arouses suspicion. If he arrests you on a bogus charge and you have no evidence in your favor, it will be his word against yours, and you will likely end up being convicted of whatever crime you're accused of committing.

[bayouhazard]

Hello, can you be put in jail if your pulled over, and you have a CHL? As in, the cop feels offended that a civilian has a chl, and also you did not break any laws.

Anything is possible no matter how improbable. Who would have guessed about all that snow in NM.

[The Annoyed Man]

They have to actually state a reason for why you are being jailed. They can't just round people up and throw them behind bars without there being reasonable suspiscion that a crime has been committed, and that you are the perp. And even then, you can't be held indefinitely. We still have habeus corpus standards in this country with which all law enforcement officials are required to comply, from judges all the way down to rookie beat cops in training.

They really only have two choices: charge you with a crime and set the bail amount (and have a trial and all that entails), or release you and hope that you don't make it too costly for them. For this reason, police departments have a vested interest in making sure that they are doing the right thing, and trying to meet those requirements BEFORE it ever comes down to risking depriving an innocent person of their freedom. That is still a big no-no in police work.

A rather optimistic view I think. It seems to assume an honest LEO, and if the LEO is honest, there is no chance of being arrested without having done something to warrant it in the first place. If the LEO is dishonest enough to arrest you "just because" then he is dishonest enough to falsely charge you with a crime. The presumptions are all in his favor. For example, he could say he pulled you over for running a stop sign and that you got verbally abusive and took a swing at him (and I'm sure he'd be smart enough to do that off camera) --then arrest you for assault on a police officer and the old favorite "resisting arrest." Youtube has plenty of videos of cops being tripped up making false charges like this without realizing they were being filmed. I highly doubt that the incidents filmed are the only incidents.

The reality is if you run into a bad LEO, and there are no witnesses (sometimes even if there are witnesses) he can do just about anything he wants, up to, and including killing you, and he will very likely get away with it --unless he does it so frequently that it arouses suspicion. If he arrests you on a bogus charge and you have no evidence in your favor, it will be his word against yours, and you will likely end up being convicted of whatever crime you're accused of committing.

Yes, but, what CAN happen, and what usually ACTUALLY happens are two different things. I look at each police transaction involving myself as a chance for the cop to prove that he is worthy of the trust I place in him (or her). You can call that optimistic if you want. But I also know that most cops—good or bad—have pretty powerful hinkey meters, and if they transact with a citizen who has an attitude with them, their hinkey meters are far more likely to be tripped, with far more resultant chagrin for the citizen involved. Sure there are rogue cops, but they are truthfully few and far between. At some point, in order for me to be able to function normally, I have to place a certain amount of trust/faith/confidence (whatever you want to call it) in the individual honor of the cop with whom I am transacting. And I don't think that is naivete, either. It's just the realization that the odds are very much in my favor that the cop I might have to deal with is a fundamentally honest person..........because most of them ARE fundamentally honest people.

[Heartland Patriot]

They have to actually state a reason for why you are being jailed. They can't just round people up and throw them behind bars without there being reasonable suspiscion that a crime has been committed, and that you are the perp. And even then, you can't be held indefinitely. We still have habeus corpus standards in this country with which all law enforcement officials are required to comply, from judges all the way down to rookie beat cops in training.

They really only have two choices: charge you with a crime and set the bail amount (and have a trial and all that entails), or release you and hope that you don't make it too costly for them. For this reason, police departments have a vested interest in making sure that they are doing the right thing, and trying to meet those requirements BEFORE it ever comes down to risking depriving an innocent person of their freedom. That is still a big no-no in police work.

A rather optimistic view I think. It seems to assume an honest LEO, and if the LEO is honest, there is no chance of being arrested without having done something to warrant it in the first place. If the LEO is dishonest enough to arrest you "just because" then he is dishonest enough to falsely charge you with a crime. The presumptions are all in his favor. For example, he could say he pulled you over for running a stop sign and that you got verbally abusive and took a swing at him (and I'm sure he'd be smart enough to do that off camera) --then arrest you for assault on a police officer and the old favorite "resisting arrest." Youtube has plenty of videos of cops being tripped up making false charges like this without realizing they were being filmed. I highly doubt that the incidents filmed are the only incidents.

The reality is if you run into a bad LEO, and there are no witnesses (sometimes even if there are witnesses) he can do just about anything he wants, up to, and including killing you, and he will very likely get away with it --unless he does it so frequently that it arouses suspicion. If he arrests you on a bogus charge and you have no evidence in your favor, it will be his word against yours, and you will likely end up being convicted of whatever crime you're accused of committing.

Reminds me of what I got told about the Carabinieri in Sicily, some few years ago: they can kill three people a month without filling out any paperwork, AS LONG AS the people they killed were "organized crime" affiliated...anything else, well, maybe its excessive and would warrant an investigation...

[x007x]

If you don't mind me asking..
Where did you take your CHL Class?

The Arms Room with Tom Estep..
There actually is no story for this question..It was just out of curiosity...Honestly, I am not a fan of cops at all, but I still show respect and have manors.

I have had cops lie to me before..The most bull story..My friend and I were on our way to the grocery store and on the way there. Just maybe .3 miles from his house and we saw a guy on a side street pulled over. On our way back; I turn left on the street that we saw the cop on, and I do check if anyone is behimd me at that light, becuase it will stay green till the cars are gone. No one was behind me, and surely enough about the same spot we saw the car pulled over, I get pulled over. He said I was going 50mph on 35, but I was going 40. Anyways, he was telling me that he had to go 50 to catch up to me from the light, and I was flying past cars. 100% no one was behind me and no one was on the streets at the time. Saying his GPS and speedometer was at 50..He had me get out of the car in 35 degrees for about 20 min, and he was talking to me about drunk driving and how bad it can be. He was constantly telling me to not lie to him, I was not. This was completely waste of my time, and I feel they can spend their time better actually pulling people over who do brake the law.

[VMI77]

They have to actually state a reason for why you are being jailed. They can't just round people up and throw them behind bars without there being reasonable suspiscion that a crime has been committed, and that you are the perp. And even then, you can't be held indefinitely. We still have habeus corpus standards in this country with which all law enforcement officials are required to comply, from judges all the way down to rookie beat cops in training.

They really only have two choices: charge you with a crime and set the bail amount (and have a trial and all that entails), or release you and hope that you don't make it too costly for them. For this reason, police departments have a vested interest in making sure that they are doing the right thing, and trying to meet those requirements BEFORE it ever comes down to risking depriving an innocent person of their freedom. That is still a big no-no in police work.

A rather optimistic view I think. It seems to assume an honest LEO, and if the LEO is honest, there is no chance of being arrested without having done something to warrant it in the first place. If the LEO is dishonest enough to arrest you "just because" then he is dishonest enough to falsely charge you with a crime. The presumptions are all in his favor. For example, he could say he pulled you over for running a stop sign and that you got verbally abusive and took a swing at him (and I'm sure he'd be smart enough to do that off camera) --then arrest you for assault on a police officer and the old favorite "resisting arrest." Youtube has plenty of videos of cops being tripped up making false charges like this without realizing they were being filmed. I highly doubt that the incidents filmed are the only incidents.

The reality is if you run into a bad LEO, and there are no witnesses (sometimes even if there are witnesses) he can do just about anything he wants, up to, and including killing you, and he will very likely get away with it --unless he does it so frequently that it arouses suspicion. If he arrests you on a bogus charge and you have no evidence in your favor, it will be his word against yours, and you will likely end up being convicted of whatever crime you're accused of committing.

Yes, but, what CAN happen, and what usually ACTUALLY happens are two different things. I look at each police transaction involving myself as a chance for the cop to prove that he is worthy of the trust I place in him (or her). You can call that optimistic if you want. But I also know that most cops—good or bad—have pretty powerful hinkey meters, and if they transact with a citizen who has an attitude with them, their hinkey meters are far more likely to be tripped, with far more resultant chagrin for the citizen involved. Sure there are rogue cops, but they are truthfully few and far between. At some point, in order for me to be able to function normally, I have to place a certain amount of trust/faith/confidence (whatever you want to call it) in the individual honor of the cop with whom I am transacting. And I don't think that is naivete, either. It's just the realization that the odds are very much in my favor that the cop I might have to deal with is a fundamentally honest person..........because most of them ARE fundamentally honest people.

I can see now that "optimistic" wasn't a good word choice, since in the way I used it, optimistic does suggest a rouge cop is more probable that merely possible; and "possible" is what I intended. I don't assume that false arrest is probable, and in fact, though my contacts with law enforcement have been limited, I've never encountered a situation where such a possibility was a concern to me.

[philip964]

Many years ago, I had a lawyer friend who started out defending people for speeding tickets. He said the speeding tickets came in two flavors, speeding and speeding with other charges. He said the speeding tickets were not a big deal, but the other was different. Sometimes his client was "scuffed up", sometimes he had to interview the person from jail.

He said in the second type of speeding ticket was because the speeder failed the "attitude test".

I always remember that story, when I am stopped. I admire the police, they risk their lives everyday to make mine better. Even when they are giving me a ticket, they are helping me drive better and they are helping with tax revenues.

I make sure I convey that attitude.

You'll be surprised how a friendly attitude and a smile can make all the difference in the world. Not just with the police but with everyone you meet.

[WildBill]

You'll be surprised how a friendly attitude and a smile can make all the difference in the world. Not just with the police but with everyone you meet.

Well said Philip!