Comments on: Boise Police Lt. Popped For DUI

By: western guy

western guy — Wed, 15 Jun 2022 21:38:20 +0000

If ‘Bonnie’ means former Supreme Court justice and state Attorney General, she’s got her head too far up Trump.

By: Bonnie

Bonnie — Mon, 13 Jun 2022 21:44:20 +0000

Holy cow! Our Chief of Police made his name by turning in two Portland cops who he supposedly witnessed beating up a guy who was in the bar. Does anyone know if the two fired Portland officers had a breathalyzer test coming out of the bar and after beating the guy up.?
I am being facetious.

Our justice system is screwed by the likes of Jim Jones, etc..

By: Jo Jo

Jo Jo — Mon, 13 Jun 2022 21:01:09 +0000

Easterner — one of the few bets I’ve lost I would gladly pay off. I consider the editor a friend, who I haven’t been able to catch up with for a bit. I’ll gladly buy him a coffee, and you whatever you would like if we catch up IRL. That work?

🙂

By: Easterner

Easterner — Mon, 13 Jun 2022 17:20:53 +0000

Thanks for the link Editor.
Yes, your ‘experience’ exceeds the knowledge of us modest readers.

That would be a March 2021 Idaho Court decision that reflects back on the 2019 Clarke case.

The 2021 decision is for a 2019 incident where the cop did exactly what my hypothetical example portrayed for my skepticism. The summary is, the perp was at home whipping up dinner by the time a copper caught up to her, based on a witness calling in the bad driving & license. The perp admitted to drinking before driving and failed BAC test- so she was arrested. Court says, “Nope. Not witnessed.”

Color me corrected.

My bad for not keeping up on ISSC decisions for the past 3 years. I’ll use Covid and lack of ample jury trials as my excuse. 😉

And so it is “common practice” as of the past 3 years?

ps. As noted, both of those decisions will make it more difficult for leos to actually enforce the law, and most awful for domestic violence situations.

So now my “Internet Law Degree” would suggest if 2 (drunk) people are caught in a car; as soon as it is pulled over, the 2 should both jump into the back seat, or jump out d’ car. An officer might have a tough time determining which person was WITNESSED driving. Pretty sure a citation is better than being arrested on the spot. :-/
What ya say, Quiet?

By: Quiet

Quiet — Sun, 12 Jun 2022 15:17:24 +0000

Easterner should read some case law. State V Clarke has changed the game for coppers in Idaho making misdemeanor arrests for crimes like DUI, domestic battery/assault, battery, NCO/PO violations. Be mad at the courts and legislature if you want to take your anger out on anyone.

By: Easterner

Easterner — Fri, 10 Jun 2022 20:03:39 +0000

JoJo, looks like the McGeachin nightmare didn’t happen- I recall a wager.

Maybe you treat the Editor with a cup of coffee (or a beer given this post) instead for a celebration toast for all of us? 🙂

By: Easterner

Easterner — Fri, 10 Jun 2022 20:01:18 +0000

Life Hack: if you get arrested for DUI, you ARE doing something wrong. Might not actually be driving, or being drunk, or being impaired— but you are doing something wrong.

As for the “not witnessed” by officer- a current case in local media, and by law, a person may be parked (in a liquor store parking lot for example) and not driving at all, car is turned off, copper shows up– NEVER witnessed the drunk driver actually driving and yet the driver gets arrested.

The witness is the aftermath- ‘yo car is wrapped around a pole. You all alone standing on the road with a beer bottle in yo hand.’ Guess what happens when the cop shows up?

So, not so sure where this phantom ‘not witnessed’ comes in play.
Sounds fishy.

Paralegals????

EDITOR NOTE–Eastie Why do you always challenge the superior knowledge of the GUARDIAN? Here is an IDAHO SUPREME COURT link about the actual decision which dealt with a DUI case.
https://isc.idaho.gov/opinions/47865.pdf

By: Harvey

Harvey — Fri, 10 Jun 2022 04:05:24 +0000

Caeth, you make an excellent point. However, rest assured that after a guilty finding the police department will then drop the administrative penalties. Time off without pay. Think of an additional fine. Potential disqualification for future advancement or transfer to another position. Could even be demoted. But it will all be a personnel matter so the public will never know what happened.

EDITOR NOTE– Harvey, you got it right. We cannot even learn whether or not Butler is on admin leave or working in his previous position as a command officer of BPD. Coppers simply refuse to let citizens know if the guy is working or not.

By: Erico49

Erico49 — Thu, 09 Jun 2022 21:20:39 +0000

Caeth…excellent point.

By: Caeth

Caeth — Thu, 09 Jun 2022 16:55:49 +0000

I had employees make the same mistake who lost their job. They couldn’t perform their duties because of the zero tolerance of a CDL. Should a badge be more lenient?