When you don't have the right

The premise is simple. Whenever a criminal suspect is in custody, and prior to interrogation (questioning), he must be warned of his rights as set by Miranda.

In addition, police may question the suspect(s) only after the person in custody acknowledges that they understand those rights and voluntarily waive them. However, suspects may choose to invoke their rights—remain silent, request to speak to an attorney, etc.—at any point during the questioning, at which time the police must terminate the interrogation.

The consequence for police not adhering to Miranda is great. Basically, no Miranda warnings = statements made by the suspect may not be used in court. Therefore, a confession to the crime(s) is totally worthless.

The U.S. Supreme Court, however, has ruled that there is one (only one) exception to Miranda—the Public Safety Exception.

The Public Safety Exception to Miranda is simply this…law enforcement may ask limited and extremely focused questions without warning the suspect of his rights according to Miranda, and the answers to those questions may be introduced in court proceedings. Under this exception questions must be limited to facts relating to a specific and immediate threat to the safety of the public.

Invoking the Public Safety Exception does not mean that authorities have free reign to question a suspect about any and everything under the sun, including questions relating to the crime for which the suspect is currently being held. Again, questions must be limited to facts that relate to a very specific and immediate threat to public safety.

The Public Safety Exception first came to light in a New York case involving a suspected rapist named Benjamin Quarles. The victim told police that she’d just seen Quarles enter a supermarket and that he was carrying a gun. Officers then went inside the store and, after a brief foot chase up and down the aisles, captured him.

When officers searched Quarles they didn’t find the weapon. Therefore, worried that a loaded gun was somewhere within the public area of the store and that anyone, including a child, could be harmed, officers immediately asked their suspect what he’d done with the weapon. Quarles indicated the gun was near some milk cartons and said, “The gun is over there.”

Officers did indeed find the weapon and then read the Miranda Warning to Quarles before asking questions pertaining to the alleged rape.

The trial court, though, excluded Quarles’ statement about the gun and his possession of the weapon, because officers didn’t advise him of his Miranda rights prior to asking about it. Appellate courts also agreed with the lower court’s ruling. However, the U.S. Supreme Court first found that Miranda is not a right according to the constitution. Instead, the court stated, Miranda is designed to provide protection for the Fifth Amendment privilege against self-incrimination. On this basis they decided the very public location of the weapon posed an immediate threat to public safety, and that officers had acted appropriately by asking questions that were prompted by a reasonable concern for the safety of the general public.

Since Quarles, the Public Safety Exception to Miranda has been used successfully on numerous occasions where the safety of the public was of first concern. For example, U.S. v. Khalil, U.S. v. DeSantis, and U.S. v. Mobley. And, the Exception is successfully utilized even after a suspect asks to speak to an attorney. Again, this ruling only pertains to an immediate threat to public safety, such as the possibility that explosives may be hidden somewhere where citizens may travel or congregate, such as in the case of the Boston Marathon bomber.

In the Boston case, interrogators wanted to know if more bombs and other weapons existed. They also needed to know if more people were involved in the bombings. If so, it was of immediate concern that officials locate them and stop possible new attacks, so they proceeded without advising Dzhokhar Tsarnaev of Miranda.

However, at no time did the questioning move outside the very narrow scope of the immediate threat to public safety. Once the topic moved toward Tsarnaev’s actual criminal charges/case, investigators then advised him of the Miranda warnings.

The Public Safety Exception has been in place for just over 30 years, since the Supreme Court ruled on the Quarles case in 1984. Reagan was in office at the time.

 *Remember, writers, officers only need to recite the Miranda warnings prior to questioning and when a person is in custody. If there is no intention of questioning, then there’s no legal mandate for Miranda (individual department policy may require it, though). Therefore, the stuff you see on TV—spouting off Miranda warnings the second the cuffs go on—is not how it works in real life.

A house cannot be robbed

HOUSE ROBBED WHILE FAMILY AT MOVIE

Cordite, Ca. – The home of I. Will Fillemfullalead on Glock Circle in Cordite was robbed last night between the hours of 8 p.m. and 11 p.m. while the family was away enjoying a movie at a local theater. Robbers gained entry by kicking in the kitchen door and then took nearly everything from the home, including a goldfish named Pegleg, leaving the Fillemfullaleads with very little. The Red Cross has offered their assistance—blankets, water, food, and a loaner fish until they’re able to get a new one.

“When we got home, we saw that our house had been robbed. They took everything, right down to the kids’ handguns and reloading kits,” said Mrs. Fillemfullalead. “I hope the police catch them before we do, or there’ll never be a trial.”

Police spokesperson, Captain I. M. Overwait said investigators questioned a potential witness, a Mr. Kayne West of Blowhard Lane, who saw two masked men flee the area. West expressed his anger that the robbers chose the Fillemfullalead house over Beyonce’s. “Y’all know Beyonce deserved to be robbed more than these chumps,” West said to investigators.

Okay, how many times have you seen headlines similar to the ones above? Too many times if you ask me, because a house cannot be robbed. No way, no how. The definition of a robbery is this – To take something (property) from a person by force, violence, or threat.

From a PERSON. Not from an inanimate object. From a PERSON. Not a building. Not a car. Not a shed. Not an office. Not a dog house. Not a cardboard box.

From a P.E.R.S.O.N.

You cannot threaten a house or business. Nope, there has to be a human person present to constitute a robbery. And he/she must have felt threatened and/or intimidated by the robber when the goods were taken. Otherwise, a home or business has been burglarized (NOT robbed), and their property stolen (NOT robbed).

Therefore, the Fillemfullalead’s home was burglarized and their belongings stolen by the burglars.

Burglary – To break and enter a building illegally with the intention of committing a crime, such as stealing the things inside.

Please, keep this in mind when writing your stories.

 

Tyler Proffitt wins NAGA

I want to start off by thanking the people who made my trip to NAGA (North American Grappling Association) possible. Without their sponsorship I would not have been able to accomplish my dream of winning a championship NAGA belt.

Together we won the gold. I hope I made you proud.

Author Sponsors:

Cheyenne McCray

Anne Bannon

Marcy Dyer

Toni Anderson

Nancy West

Dv Berkom

Joyce Nance

It was a long day on Saturday. My parents and I left home at 3 a.m., headed for Nashville. It was a six-hour drive but we finally made it.

 New Picture (7)

When I stepped on the mat I was determined to bring home the belt, and I did, winning first place and my first NAGA title belt in the No Gi match.

New Picture (5)

I then went on to take the gold medal (first place) in the Gi match.

* Gi – Traditional garment worn in martial arts 

Now it’s back to training hard. This Saturday I am competing in the Indiana State Judo Tournament.

Again, thank you all so much for your support. It means a lot to me.

Here’s a video of the final moments of the No Gi match.

*If you are interested in becoming a sponsor and having your books advertised on this page please contact Lee Lofland (the proud grandpa) at lofland32@msn.com.

Paul Beecroft: For the birds

 

Male Blackbird

GS2

Great Tit

GS3

Starling

GS4

Collared Doves

GS5-1

Hedge Sparrow

GS6

Chaffinch

GS7

Robin

GS8

Wood Pigeon

GS10

Great Spotted Woodpecker

This is a very rare visitor to my garden. He only gave me enough time to fire off a quick shot before he was gone again.

GS9

Song Thrush

GS11

Magpie

GS12

Red Kite.

These birds were close to extinction here in the UK a few years ago. Following a very successful release scheme there are now hundreds of them. Quite often I will have 20 or more circling in the sky over my house.

GS13

Grey Squirrel.

This Squirrel is a regular visitor to my bird table. He steals the food and will break into containers of food and take everything as can been seen with the slice of toast that he has just pinched.

*     *     *

New Picture

Paul Beecroft (above center – the one without the hump) has spent a good deal of his life in law enforcement, in England. He’s worked Foot Patrol, Area Car, Instant Response Car and also as a Police Motorcyclist. Most recently, Paul worked as a coroner’s investigator and has traveled all over England, Wales, Scotland and even Germany to investigate crimes.

Paul retired from his colorful career just a couple of weeks ago.

Friday's Heroes - Remembering the fallen officers

 

New Picture (3)

Officer David Lee Colley, 24

Montgomery Alabama Police Department

April 4, 2015 – Officer David Lee Colley was killed in a collision with a tractor-trailer while responding to a call. He is survived by his wife and one-year-old child.

New Picture

Officer Jared Forsyth, 33

Ocala Florida Police Department

April 6, 2015 – Officer Jared Forsyth was accidentally shot and killed during a firearms training exercise.

New Picture (4)

Officer Juandre Gilliam, 22

Jeanerette Louisiana Police Department

April 7, 2015 – Officer Juandre Gilliam was killed in a vehicle crash during a pursuit. He’d graduated from the police academy only three weeks prior to his death.

The murder of Walter Scott

Modern-day policing is not the Wild West, where the town marshal sits beside the front door of the jail shooting bad guys from the backs of their horses as they gallop past. Things are much different these days. We’re a civilized nation. We treat people fairly, justly, and humanely. Well, until last Saturday, that is.

By now I’m sure you’ve all seen the headline about the S.C. police officer who shot a fleeing suspect in the back, a man who died as a result of those gunshot wounds. This case, my friends, sickens me all the way to the very core of my soul. But, before we talk about the incident here’s a bit of background about cops shooting people who are running away from them.

First of all, there are times when it’s legally permissible to shoot a fleeing felon, but only during the most extreme, exigent/emergency circumstances. A 1985 Supreme Court case, Tennessee vs. Garner, held that the police may not shoot at a fleeing person unless the officer reasonably believes that the individual poses a significant physical danger/threat to the officer or others.

In other words, short of exigent circumstances, police officers are required to capture fleeing criminals using methods other than deadly force—pursue and restrain, K-9’s, wait until the suspect is at home, call for backup and surround the immediate area, obtain a warrant and catch them at a later time/date, etc.

Again, the use of deadly force against a fleeing felon is justified only when an officer reasonably believes that allowing the suspect to escape would endanger the lives of others/endanger the community. For example, a psycho-crazy maniac who’d just butchered twelve random strangers and was running away while yelling, “I’m going to kill everyone I see!” In this case the officer would have every reason to believe the killer would make good on his threats, therefore, he’d need to stop the murderer using any means possible, including shooting him in the back if that’s what it took to stop him.

In the S.C. incident, however, the initial stop was for a broken taillight. No murder or threat of world destruction. No imminent danger to others. Instead, a minor traffic offense. A summons. Fix the light and the judge will let you off the hook.

During the initial encounter the officer and the subject, Walter Scott, engaged in some sort of tussle where the officer, Michael Slager, deployed his TASER. Slager later claimed Scott took the TASER from him and that’s why he said he felt his life was in danger, an act he apparently felt would justify the use of deadly force.

Scott escaped custody and took off, running away from Slager. Then, in jaw-dropping horror, Slager pulled his service weapon and fired at Scott’s back…eight times. Scott was running in a straight line away from the officer which made his body practically a stationary target (no side to side movement). This was as close to shooting a paper target at the range as one could get. To put it bluntly, Slager had an easy shot. I believe Scott was wounded at least five times, three in the back (one of which entered his heart), once in the buttocks, and another round to an ear.

Actually, I’ve seen deer hunters bag their prey in similar fashion.

And, by the way, the TASER, the justification/excuse/reason Slager gave for using deadly force, was nowhere near Scott’s body when he fell to ground. In fact, it appeared that Slager picked it up at the place of the original scuffle, carried it over to where Scott lay, and dropped it on the ground beside his body.

Even if it’s true that Slager felt threatened when/if Scott took the TASER, that threat immediately ceased to exist when Scott dropped it and fled. And, no threat = NO justification for deadly force.

New Picture

Slager drops what appears to be a TASER next to the body of Walter Scott

An attempted cover up? Time will tell.

How else can I put this other than to say Slager murdered Walter Scott. There, I said it and I’m not taking it back. That’s my opinion based on what I saw in the video.

Yes, I believe this was a murder. Not a death that occurred accidentally while attempting to cuff a suspect. Nor was it a death that happened while an officer was being attacked. This was a killing that took place while a man was merely running away from a police officer, and people run away from cops every single day of every single year.

People run from the police and cops chase them. It’s part of the job. Sometimes they’re caught and sometimes they’re not. I’ve seen young men run away just for the mere fun of seeing officers chase after them. But it’s not a sci-fi movie where, for sport, cops give the bad guys a running start and then shoot them in the back.

One question that’s popped up as result of this case is about handcuffing wounded or dead suspects? People have asked why? Well, it is standard procedure because more than one wounded or “dead” person has suddenly popped up to shoot, cut, fight, run away, etc. Therefore, even though it may seem cold and cruel, cops always handcuff suspects, even those who’ve been shot and appear to be deceased.

New Picture (5)

This was a sad day for the family of Walter Scott. It was also a sad day for law enforcement, when one of their own does something as despicable as the act committed by Michael Slager.

I have to say, though, that Slager’s actions are by no means reflective of all officers. By far, most want to serve their fellow man in any way they can. Unfortunately, a few bad apples slip through the cracks and their actions deepen the divide between citizens and the badge.

Michael Slager was arrested and charged with the murder of Walter Scott, and he remains in the Charleston County Detention Center under no bond status.

I think it’s safe to say that most police officers across the U.S. believe Slager is where he belongs, behind bars.

 

Support earns add space for book

Last year, several writers answered my call to help sponsor our 13-year-old grandson, Tyler, on his quest to compete in a national martial arts tournament. Well, you came through and so did Tyler (he won), and he’s extremely grateful for your help. Without your support back then he couldn’t have gone on to do as well as he has. For example, he’s since competed and placed in several major tournaments, including (to name a only few):

Bluegrass Brawl (Louisville, Ky.) – 1st Place

Ohio State North American Grappling Association (NAGA) Championship – 1st Place

USKS Superstars – 1st Place

Grand Nationals (Indiana) 1st Place in four divisions—Grappling, Knife Forms, Sparring, Kata.

Advanced Naga – 2nd Place in Gi and No Gi

 Abu Dhabi World Submission Fighting Championship (Charleston, West Va.) – 1st Place

Tyler currently trains at MMAx in Springfield, Ohio, and at 6:10 Judo Club. 6:10 Judo is owned and operated by veteran law enforcement officers from the area.

Most recently, Tyler competed in the Ohio State Judo Championship and fought his way to the top of the bracket where he secured the gold medal. As a result, he is currently the Ohio State Judo Champion in the 13-14 age division. He also competed in the 15-16 age group to see how well he could do against much larger and far more experienced competitors. He took 2nd in the older group and brought home the Silver Medal.

New Picture (14)

In addition to his numerous awards, Tyler is a two-time nominee to the USA Martial Arts Hall of Fame.

Since Tyler is relatively new to the sport, rising so quickly to earn top honors, he hasn’t been around long enough to secure the large sponsorships his competitors enjoy. Therefore, to help with the expense of traveling to and competing at large upcoming tournaments (listed below), Tyler, his family, and his coaches and trainers are actively seeking donors and sponsors.

So I had an idea…turn to the writing community again. And, as a way to show my appreciation to sponsors, I’ve offered to run ads on this site for each person who contributes. A $50 sponsorship receives four months of ad space for your book (normally, a $140 value). I’ll also dedicate a blog post featuring all the sponsors and their book covers.

*By the way, in case you’re curious, this website receives thousands of visitors each day. So it’s a win-win scenario for everyone. Tyler can compete and writers receive excellent advertising at a huge discount.

FYI – Tyler’s goals are to receive a college wrestling scholarship and to compete in the Olympics.

If you’d like to help out as a sponsor, you can do so by clicking following link, and then contact me at lofland32@msn.com to have your ad placed here on The Graveyard Shift.

Tyler Sponsorship

Thanks so much for your generous support!

New Picture (2)

Tyler Proffitt

Again, please click the link to support Tyler.

Tyler Sponsorship

*     *     *

Tyler’s Upcoming Tournaments

NAGA Nashville 4/11/15,

Indiana State Judo Championship 4/18/15

Portland IN, EGO Open 4/25/15

Indianapolis IN, 2015 EMAC

KY State Championship 5/2/15

Akiya Judo Championship 5/9/15 Cleveland

Amer-Kan Judo Challenge 5/30/15

Hoosier Open 6/6/15

Northcoast Judo Championships 6/13/15

NAGA 6/27/15 Cincinnati OH

National Judo Championships 7/10/15 Indianapolis IN

EGO 8/22/15 Indianapolis IN

Maumee Bay Judo Classic 10/17/15

Super EGO 10/24/15 Indianapolis IN

How long does it take to become a champion mixed martial arts fighter? Three years? Five? Maybe even ten long and grueling years? Well, how about less than a year? That’s right, last February (2013) one young man of the ripe old age of 11, walked through the doors of a martial arts school for the first time. Four months later he won the Ohio state North American Grappling Association (NAGA) championship in his age division. In the months following, he went on to claim top honors in numerous other tournaments and competitions, including the Abu Dhabi World Submission Fighting Championship.

What, you may wonder, is my interest in this now 12-year-old? Well, he just happens to be our grandson, Tyler.

I’ve been involved in the martial arts for many, many years (Aikido and Chin-Na), and I’ve trained numerous people, including police officers during their academy certifications. I taught rape and sexual assault prevention classes at a few colleges, and I’ve trained executive bodyguards. Denene and I once owned a gym where I taught classes. To help round out my knowledge of the arts, I trained in Tae Kwon Do for a while. Obviously, martial arts have been a part of my life and lifestyle for a long time.

Now, it is absolutely wonderful to see Tyler show such a great interest. He’s truly dedicated to his training, hitting the mat seven days a week for three or four hours, or more, each day. He’s always been one to go all out for whatever he decides to tackle.

Tyler’s fortunate to have title-winning coaches and trainers in his corner. They spend many hours each week, helping and pushing Tyler toward his goals. His coaches are champion MMA fighters who know what it takes to win. More importantly, they insist that Tyler devote as much, or more, time to his schoolwork (he’s an honor roll student).

Tyler and coach/trainer Ezrah Hines. Anyone recognize the name on Tyler’s t-shirt?

Grappling is one of Tyler’s favorites, and it seems to suit him just fine. I believe he’s currently undefeated, winning most matches by tap-out.

An opponent “taps out” when he/she (yes, both males and females compete) has been placed in an inescapable submission hold. In other words, the pain is so intense that the fighter taps the mat or a portion of their body to signal they submit (give up).

Tyler (on his back in the above photo) locked his opponent’s arm, forcing the wrist, elbow, and shoulder into an extremely unnatural and painful submission hold. With the pain too great to withstand, his challenger tapped out.

After fighting his way to the final match, Tyler (above left) locked in a rear naked choke, causing his opponent to tap out. The match lasted only 17 seconds.

A few of Tyler’s other accomplishments include, to name a few:

– Kyu Championship – 1st place Forms, 2nd in Sparring

– 2013 USKS Superstars – 1st place Grappling, 1st Weapons, 1st Forms, 1st Sparring, 2nd Continuous Sparring

– Grand National 2013 – 1st place Grappling, 1st Weapons Forms, 1st Sparring, 1st Forms

– 2013 USKS – 1st place Sparring

– Superstars 2013 – 1st place Grappling, 2nd Sparring, 2nd Forms

– 2013 Clark County Ohio Open – Gold Medal Sparring, Silver Medal Weapons, Bronze Medal Forms

Tyler recently received a nomination to the 2013 USA Martial Arts Hall of Fame. He is to be inducted at an upcoming black tie banquet. Past honors have been presented by top names such as Chuck Norris, Ben (Superfoot) Wallace, Ken Norton, and Conan Lee.

Tyler’s next major competition is the North American Kickboxing Championship later this month in Richmond, Va., where he’ll be competing in kickboxing, MMA style fighting, no-gi jiu jitsu, and gi jiu jitsu.

And that brings us to this… The expenses associated with the Richmond event are, well, let’s just say the trip is pretty doggone expensive. So, Tyler is asking for donations and sponsorships to help bring his dream of winning the nationals to fruition. If you would like to help out, please visit Tyler’s Fundly page by clicking the link below (sponsors and donors will be listed as supporters on Tyler’s website and future match apparel).

Every donation, no matter how much, would be a huge help and greatly appreciated.

Tyler and I both thank you!! And, if any of you are in the area that weekend we’d love to see you there.

https://fundly.com/wkausa-north-american-tournament-trip?ft_src=fbshare

Visit Tyler at http://tylerproffittmma.weebly.com/ (Paypal users can find a link here).

*In exchange for a donation of $50 you’ll receive ad space (for four months) for your book here on The Graveyard Shift (see top right of this page).

 Here’s a video of Tyler training, and during a few matches.

Easter egg hunt at Young's dairy

Each year, workers at Young’s Dairy in Yellow Springs, Ohio clear the golf balls from their driving range in order to host the annual Easter egg hunt. The event is free, fun, and exciting for the kids who participate. After the hundreds of scattered eggs have been found, everyone can then enjoy homemade ice cream, the petting zoo, putt-putt golf, batting cages, or a quiet stroll around the grounds.

By the way, the little fellow with the full basket above isn’t so little anymore. He’s now the Ohio State Judo Champion in his division. He’s also our grandson, Tyler.

In addition to training and traveling to tournaments and matches, Tyler writes an interesting and often thought-provoking blog. It’s a look at the world through the eyes of a teen. You might enjoy reading an article or two, and you can do so by clicking HERE.

 

Donka Doo Ball

It was 3 a.m. when Nita Chaser’s friends collectively decided she was far too drunk to drive, so she decided to walk home—red plastic cup in one hand and a lit cigarette in the other.

After a few stumbles into the twelve-block journey, Nita placed the cup against her lips and sucked and slurped at the last of the foam and ice. She took a quick drag from the smoke and flipped the burning butt out into the street. It sizzled as it landed in a small puddle left behind by a passing street sweeper. She tossed the empty cup into a group of white azaleas near the entrance to an apartment building on the corner. It rolled in a slow half-circle, weighted by its thicker bottom, coming to rest near a mushroom-shaped landscape light.

A left turn and she was once again on her way. Only eleven blocks to go.

What a night! The party was great and the band was killer. In fact, Ms. Chaser couldn’t get their tunes out of her head. Especially that AC/DC song Have A Drink On Me. So she started to sing…loudly. Too loud, in fact. But she didn’t care because she felt ten-feet-tall and bullet-proof.

“Whiskey gin and brandy
With a glass I’m pretty handy
I’m tryin’ to walk a straight line”

Didn’t matter to her that she was staggering and crooning through a normally quiet neighborhood, the one where two elderly women sit up all night peering outside, watching to see who got lucky and connected with their one-night-soul-mate. The ladies were also well-known for calling the police for every single sound that’s a little out of place. After all, you can’t take chances these days, right?

Nita thought about the drinking game she and her friends played during that song. Every time the singer belted out the line “Have a drink on me,” everyone had to gulp down a big swallow of whatever was in their cup at the time. Nita’s drink du jour happened to come from a seemingly bottomless bottle of ass-kicking tequila.

“So join me for a drink boys
We gonna make a big noise”

She tipped her head back and cranked it up another notch.

“Forget about the cheque we’ll get hell to pay
Have a drink on me
Yeah have a drink on me
Yeah have a drink on me
Have a drink on me”

Just her luck. It was trash night and the curb was lined with dozens of garbage and recycle bins. She bumped into an overflowing container, turning it over. A plastic bag filled with empty vegetable cans spilled out onto the concrete walk. They rang out like church bells as they rolled and tumbled toward the curb. She slipped and fell, landing on her stomach with her face resting near a storm drain. Cool stagnate air brushed across her booze-warmed cheeks. The song played on a never-ending loop in her alcohol-scrambled mind.

“I’m dizzy drunk and fightin
On tequila white lightnin
My glass is getting shorter
On whiskey ice and water
So c’mon have a good time”

Suddenly, headlights rounded the corner. The car stopped directly in front of her, idling.

“Have a drink on me
Yeah have a drink on me”

Then she heard it, the unmistakable crackles and robotic voices of police radios. Two pairs of shiny, black shoes made their way in her direction. Nita tried to stand but that last drink, the double shot with a beer back, held her down.

Why didn’t the officer want to hear her sweet singing voice? And didn’t like AC/DC? The nerve of that flatfoot…

The next couple of hours were a blur. The last clear memory she had was of puking in the backseat of a police car and that the officer said he’d charged her as a DIP. And no, that didn’t mean she was acting like dippy Paula Abdul.

Actually, D.I.P. (DIP) is cop slang (an acronym) for Drunk In Public, one of the few offenses that’s pretty darn difficult to fight in court since the police are typically not required to conduct blood or breath tests to prove public drunkenness cases. (DIP may be called a variety of terms throughout the country).

Beating a DIP charge is next to impossible because this is one where it’s pretty much the officer’s word against yours. Fortunately, police officers nowadays normally have video evidence (cruiser cams or body cams) to back their testimony, if necessary. And, of course, there are usually plenty of witnesses to back the officer’s claim. But that’s if the case ever makes it to court, and chances are it won’t. Most people spend a few hours in lockup to sober up, pay the small fine (if there is a fine), and move on.

In many areas, officers use the DIP (a misdemeanor) charge when a person is too intoxicated to care for himself, or could endanger another person. A DIP arrest could also be affected if the intoxicated subject is blocking or interfering with the free passage of foot or vehicle traffic on streets and/or sidewalks. The charge may also apply to someone who is under the influence of drugs. Either way, the charge is a discretionary call for the officer.

* Some states do not have public intoxication laws, and one, I believe, has a provision in their law that allows officers to take intoxicated subjects home, especially if they are a danger to themselves.