Tundras live: Dumb Dad Jokes, Incorrect Opinions, and Relationship Advice.

Mine is pretty cut and dry!
Got thrown down and cuffed by the base cops. Was held at the station until my parents could come get me out.

 

Arrested, no charges!

 

I'm only missing 6 and 14. Not planning to update.

 

That's detained... doesn't count!

 

Cuffs don't equal custody!!!

 

Detained; not arrested!!!

 

Wait, what!?

 

US vs. Bautista as per the US Circuit Court of Appeals.....

'The Federal Circuit Courts of Appeals in the Ninth and Fourth Circuits have indicated that handcuffing a suspect does not necessarily mean that the person is in custody for purposes of Miranda. In United States v. Bautista, the U.S. Circuit Court of Appeals for the Ninth Circuit noted that handcuffing a suspect does not necessarily dictate a finding of custody for purposes of Miranda but was a reasonable measure to ensure the safety of the officer or the public.

 

additional citing(s)...

It is established law, both in Wisconsin and federal courts, that a person is not in custody per se, just because he has been handcuffed; instead the totality of circumstances test applies. State v. Swanson, 164 Wis.2d 437, 448, 475 N.W.2d 148 (1991), abrogated on other grounds by State v. Sykes, 2005 WI 48; U.S. v. Glenna, 878 F.2d 967, 972 (7th Cir. 1989).

In several cases since Swanson, the Court of Appeals has held in unpublished opinions that a person was not in custody, even though he was handcuffed. County of Dodge v. Harned, 203 Wis.2d 273, 551 N.W.2d 871 (Table), 1996 WL 316782 (Ct.App., June 13, 1996); State v. Harris, 243 Wis.2d 116, 627 N.W.2d 548 (Table), 2001 WL 253843 (Ct.App., Mar. 15, 2001); State v. Neumeyer, 257 Wis.2d 938, 652 N.W.2d 133 (Table), 2002 WL 1870306 (Ct.App., Aug. 15, 2002).

 

My number might be less not knowing what I did on some of those crazy college nights.

 

I was taking #10 as in cuffs and in a police car. If it’s just misdemeanor you better take one off mine.

 

My whole life has been a lie..

 

I'm confused.

 

I'm not trying to make a cluster out of this...

Point being...

Handcuffs and being detained doesn't equal an "arrest"

Custody doesn't equal an "arrest"

Misdemeanor Traffic Citation for violation of the vehicle code does not equal "arrest"

Having an officer sign a Declaration of Arrest listing a 'criminal' charge(s) equals "arrest"

A citation for a 'criminal' offense (not a basic moving violation) is a Declaration of Arrest; but you are being released in lieu of booking on your own promise to appear to answer to the charge(s), so this would equal "arrest"

Being contacted by the police, handcuffed and even placed in the back of the patrol car do NOT necessarily equal arrest (but may); examples include a suicidal subject who is contacted, cuffed and even transported for evaluation; this is "custody", the subject is not free to leave, but it's not an arrest (no formal charges by declaration of arrest, warrant, or summons/citation) it's civil protective custody.

Another example of this is curfew violation (status offense). Juvenile may be contacted, cuffed, secured in vehicle and even transported, but this is not a crime and no 'charges' are filed; the juvenile is however in temporary custody and not free to leave (but it's still not an arrest)

You are involved in a fight w/an allegation of weapons, police are called and respond, they arrive and do a felony stop of everyone (guns, get on the ground and shit), you happen to be slow to respond and get dumped on the ground, everyone is cuffed and secured in different police cars or separated during questioning (sat on curbs away from each other), no one is free to leave, investigation begins and it is determined that you committed a battery (with or w/o the weapon), victim doesn't want to prosecute, ID and statements are taken, but everyone is un-cuffed, dusted off and now free to leave... Still NO arrest even though you committed a crime....

Also, contrary to what you see on TV in this scenario, Miranda Warnings are not required because it is not a "custodial interrogation" even before or while everyone is being questioned. Officers at this point are trying to figure out WTH happened and identify a true suspect. A few steps later, victim wants to prosecute, physical evidence on scene corroborates statements that you battered someone, and the officer decides to "arrest you battery" IE>> 'Sir, you're under arrest for battery', then transports you for booking or to the station... and now the officer decides he wants to question you further, or have you offer a statement, taped interview, etc... Now Miranda is required!

... and please stop doing your research on Wikipedia

 

Holy shit you all are talkative tonight. I’m skipping to the end.

Costco: We go every two weeks. Not unusual for the checker to say “Wow, I guess we won’t see you for a few months?” Oof.

As for that questionnaire, I’m a 6 or 7…already forgot exactly.

Did a date night tonight. Got into a discussion about college funds that didn’t go well. She and I have a few differences to work out. Then the bartender gave me the bill, smiled and said “I gave you the beer at the Happy hour price”.
Phuk me running…pretty soon here happy hour is going to be the 99 cent menu at Mc D’s.

 

Well.. there goes my street cred!
J/k, I'd rather not be arrested.

Wiki was the first thing to pop up on Google, not that Google is any better.

 

Thug Life!!!!

 

Update: I got 3 points!
10,12,13

 

Well it's morning, but not necessarily a good one.

I randomly woke up an hour before my alarm and thought "cool, I can sleep for another hour" and went back to sleep super easy (not the norm for me). Woke up again and was trying to find my phone to check the time, when the screen lights up from a text. It's 5 minutes after when my shift started and my relief is texting to see if I slept in. He was fine with it and very cool about it, but I generally pride myself on being early for easy shift changes and getting people out on time or even a little early.

I checked my alarms to see if I had been dumb and forgot to set them.... nope. Apparently when I fell back asleep I died, because I slept through 4 alarms that start going off an hour before I have to be out the door to make it to work right when my shift start. To sleep through those going off for the 30-40 minutes that they had to in order to go silent on their own... I didn't know I could sleep that deeply anymore.

 

Yeah. I am generally pretty dead when I sleep but when I have obligations and an alarm I wake up 99.9972% of the time. That equals out to about once a year that this happens.

 

That really sucks, I hate that feeling!

 

Hol' up. $18 for carrots!?!?

 

Yep, I’m 7. Just 1 in the left column. That right column is apparently for the second half of my life

 

Yep. Part of the problem was I let my wife order the food, so I wasn’t looking at the prices and preparing.

 

At list his posts are of substance, and what he is selling isn't garbage.

 

So there could be a scenario where the police think a person is dangerous and they would choose not to arrest that individual?