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  1. #1
    Pudge's Avatar
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    Indy Police-Oath Case Going To State Supreme Court

    http://www.theindychannel.com/news/14353686/detail.html



    INDIANAPOLIS -- The Indiana Supreme Court has agreed to hear a case questioning whether all officers in the new Indianapolis Metropolitan Police Department should have taken an oath -- a case that could affect thousands of arrests made this year.

    The case involves the arrest of Cheryl Oddi-Smith on a drunken driving charge. A Marion County judge in August dismissed the charge, ruling that the arresting officer's authority under the old Indianapolis Police Department didn't automatically transfer when the IPD and the county sheriff's department merged to become IMPD in January.

    The officer, Judge Reuben Hill ruled, should have sworn an oath for the new department but did not.


    IMPD held a swearing-in ceremony at the beginning of the year, but more than 80 percent of the new department's officers did not participate. Since then, new recruits have taken an oath for IMPD.

    Prosecutors appealed Hill's ruling. The Indiana Supreme Court decided to handle the case directly instead of letting it go to an appeals court first.

    If the court decides to uphold the charge dismissal, the decision could have implications for other arrests made by officers who didn't take an oath for the IMPD.

    The Indiana Supreme Court has scheduled oral arguments for Nov. 14.
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  2. #2
    PeterJasonMN Guest
    What a bunch of horseshit.

  3. #3
    TheeBadOne's Avatar
    TheeBadOne is offline Why so serious?
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    Quote Originally Posted by PeterJasonMN View Post
    What a bunch of horseshit.
    And I thought our state was f-ed up on somethings...
    "When I'm driving along and I see a sign that says, CAUTION: SMALL CHILDREN AHEAD,
    I slow down, and then it occurs to me, I'm not afraid of small children"!

  4. #4
    armsmaster270's Avatar
    armsmaster270 is offline Ret. Sac. P.D. - 270th M.P. Co., Now with D.H.S.
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    WTF The old oath should still be valid even with the change.


    Pretty women make us BUY beer. Ugly women make us DRINK beer. --Al Bundy

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  5. #5
    Willowdared's Avatar
    Willowdared is offline Bendy not Breaky
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    They don't get their peace powers from the state?
    Molly Weasley makes Chuck Norris eat his vegetables.

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  6. #6
    MacLean's Avatar
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    Municipal police officers typically don't derive their authority from a State, only Sheriff's and Deputies. That would *seem* to apply to a Metro PD.

    In most States, the powers of municipal officers are extended by code but are derived from charters.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


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  7. #7
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    The oath I have taken.
    I do solemnly swear that i will support the constitution and laws of the United States and the constitution and laws of the State of Louisiana and that I will faithfully and impartially discharge and perform all the duties imcumbent upon me as a Deputy Sheriff/Police Officer, according to the best of my ability and understanding.

    Now I've taken that oath several times but never to a department. That sounds strange. And I would think that oath would cover me no matter where I went.
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

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  8. #8
    PeterJasonMN Guest
    Quote Originally Posted by TheeBadOne View Post
    And I thought our state was f-ed up on somethings...

    Hizzoner Justice Page is probably licking his chops at using this one.

  9. #9
    Five-0's Avatar
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    Some judges today are damn retarded. I've already said in another thread the justice sys is for and by the criminals. Good people will continue to be the victims.

    Meanwhile, fishing in Russia:

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  10. #10
    Wolven's Avatar
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    Never mind that the woman was driving drunk and a danger to herself and everyone else on the road...let's just think of something/anything to use to try and get her off as they probably do not have anything else. Unbelievable...when will the stupidity end?
    Never be afraid to do what's right, especially if the well-being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way" ~Martin Luther King, Jr

  11. #11
    Willowdared's Avatar
    Willowdared is offline Bendy not Breaky
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    Quote Originally Posted by maclean View Post
    Municipal police officers typically don't derive their authority from a State, only Sheriff's and Deputies. That would *seem* to apply to a Metro PD.

    In most States, the powers of municipal officers are extended by code but are derived from charters.
    Hmmmm, if you are sworn in California, you have to be POST certified, no matter what agency you work for, even if you are school police. My understanding was, if you are employed by an agency, you have full peace powers.

    Maybe Jato can explain how it works?
    Molly Weasley makes Chuck Norris eat his vegetables.

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  12. #12
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    Same city, same County, same department, different name. So, what the heck is the problem. There was no change in employment status. Must be a reject judge from the 9th Circus Court of Adjustment.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence.
    [George Washington (1732 - 1799)]


  13. #13
    Motorwaycop's Avatar
    Motorwaycop is offline Retired Plod
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    One of our old hands decided to stay on past his thirty years.
    Because he retired it meant that he had to be sworn in again, even though there was only 12 hrs between his shifts.
    Trouble was there was no slot in the court as no new recruits were around. Soit would be over a month before he could patrol again as he would technically have no authority.
    He was told he had to pay for himself and arrange it with the court if he wanted it done sooner!
    This was what the HR dept for my force told him.
    Thankfully my unit is regional and a magistrate elswhere was found and the job done in spite of our own force.
    the sole advantage of power is that you can do more good.
    ( Baltasar Gracian )

  14. #14
    MacLean's Avatar
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    Quote Originally Posted by PDawg View Post
    Hmmmm, if you are sworn in California, you have to be POST certified, no matter what agency you work for, even if you are school police. My understanding was, if you are employed by an agency, you have full peace powers.

    Maybe Jato can explain how it works?
    In Washington, you also have to be certified by the CJTC at different levels depending on your position.

    However, your powers are not derived from your certification, they are derived from first your state constitution and then from state law and then from city code or charter.

    Most State constitutions out west specify the Sheriff as the primary conservator of peace. Cities derive their authority from their charters.

    What typically happens is a law passed extending mutual aid powers and so on.

    In Washington, it is RCW 10.93.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  15. #15
    Car 4's Avatar
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    More of the same

    What he (maclean) said. In this state, the only commission enumerated in the constitution is that of Sheriff and his/her deputies. The Sheriff in this county is female. The state then passes a law called the Mutual Aid Peace Officers Powers Act which allows other kinds of commissions to be valid around the state. It is confusing to have so many different ways to be empowered around the country.....but I agree that the judge is a putz!!

    Car 4
    I would like my country back. I used to believe that one man could never destroy this country. Not so sure anymore!

  16. #16
    countybear's Avatar
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    I wonder how many arrests have been made by this agency's officers between the merger and the swearing-in of all possible arresting officers... both felony and misdemeanor. Think of it, all traffic cites, summonses, civil process services, warrant services, and arrests on any magnitude of charge rendered void by a judge's desire to grandstand.

    This is a complete abandonment of common sense.

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
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  17. #17
    Pudge's Avatar
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    Quote Originally Posted by countybear View Post
    I wonder how many arrests have been made by this agency's officers between the merger and the swearing-in of all possible arresting officers... both felony and misdemeanor. Think of it, all traffic cites, summonses, civil process services, warrant services, and arrests on any magnitude of charge rendered void by a judge's desire to grandstand.

    This is a complete abandonment of common sense.
    And if it's upheld and they all get tossed, imagine the lawsuits rolling into the city.
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  18. #18
    armsmaster270's Avatar
    armsmaster270 is offline Ret. Sac. P.D. - 270th M.P. Co., Now with D.H.S.
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    Since when did common sense have anything to do with judges.


    Pretty women make us BUY beer. Ugly women make us DRINK beer. --Al Bundy

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