Tuesday, March 10, 2009

Was it a new summer uniform for police? Deputy makes arrest while only in boxers and a tee shirt…









Deputy Russell Preston was at home on Thursday when a pickup truck hit a light police and then skidded into Preston’s front yard.

Then the drunk driver takes off and what would any Deputy do, give chase of course.

But one thinks of a Deputy in uniform chasing down the bad guys but not in this case.

Deputy Russell Preston was wearing a tee shirt, boxers and socks when he elected to start a foot pursuit of the fleeing suspect.

A local bank president was driving by and happened to see Preston in hot pursuit.

The president motioned Preston into his car and away they went.

They caught up to the suspect a few blocks away and somehow were able to get him stopped.

The man was arrested for DUI and other offenses.

After it was over the bank president said that Preston immediately said he was a deputy and that he had to take his word for it sine he wasn’t wearing a badge.

At least the drunk driver was removed from the streets but this case has all kinds of problems. I guess if I were a defense attorney, I would have a field day with this case…

But thank god I’m not…


Anyway, first and foremost the first issue I would address would be the clothing of the deputy. By law (in most states) an officer must display his badge of authority to make an arrest. There is no exception to that.

Now I have seen on line where one could order tee shirts, boxers and socks with a badge logo on them, maybe he was decked out in police attire.

Now with what has been reported, it’s unclear if Preston made the arrest or if another officer was dispatched to the call and the other officer actually made the arrest. Hopefully other uniformed officers made the arrest.

Not to mention pursuit policies are pretty strict as well, most require a pursuit vehicle to be equipped with emergency lights and a siren. And sadly those policies don’t include civilian vehicles.

Anyway, like I said, I’m glad the drunk driver was removed from the streets out in Racine, Wis.

I just hope the boxer wearing deputy didn’t make enough mistakes in this case to have the man set free.

6 comments:

Unknown said...

I just wonder where he had his handcuff prior to the arrest...lol

Anonymous said...

I only detained the man in what would be tantamount a "citizen's arrest." My lack of identification would only be relevant if the driver was charged with resisting or obstructing an officer. furthermore, the incident occurred in a county other than the one that i am a deputy in. The probable cause for the local police to arrest was established by the hit and run that another bystander was actually witness to. Suffice it to say, from a legal standpoint, Its in the bag.
Sincerely,
R.P.

Unknown said...

Thanks for your comment…

First, please don’t misunderstand…

I think it’s awesome you took such action to remove a scumbag from the streets.

When I worked in Law Enforcement, I was a hard cop to deal with and never once did give a break for DUI.

Part of that was right as I got into Law Enforcement, my family was hit broad side by a drunk driver and the officer that investigated the accident was in the process of running for sheriff, and needless to say there was never any charges brought against the drunk driver. My sister and grandmother were flown to a trauma center and both remained unresponsive for a little over a month. My mom and other sister were both hospitalized for 2 weeks but nothing as severe as my sister and grandmother in the trauma center.

I swore that day that I would never allow a drunk driver to cause a family as many problems as that accident caused my family.

When it came to DUI no one got a break. I even went as far to arrest our district court judge’s son, a senator’s son, a x-senator and the list goes on and on. No one got a break.

I still think though in this case, if I were a defense attorney, I would tear you apart in court.

You claim you acted as a citizen, yet you and the bank president in the news stating you immediately identified yourself as a deputy sheriff… and he had to take your word for it since you were not wearing a badge.

Even more so, what did you tell the suspect? I mean at the very moment that you were detained him? Did you tell him he was under arrest? Or did you tell him you placed him under a citizen’s arrest? Was the suspect held at gunpoint until other officers arrived?

It’s interesting that you claim no badge of authority is needed.

How would a citizen be able to recognize a lawful police order from someone just wanting to act like a police officer if no badge of authority was needed?

Granted I have not been through the academy out there, but when I did go through the academy, it was drilled into our heads that any officer must display his approved badge of authority for any type of action against another person.

Not to doubt your word, but I did contact a state law library for a copy of the code pertaining to the badge of authority and when it must be displayed.

Even though this person might have been illegally in the USA even after being deported, he is still entitled to be treated in accordance with law.

Like I said, please don’t take it the wrong way, I applaud you for your efforts to remove him from the streets.

I just think that if I were an attorney, court would be a fun day against some of the actions that you took against this suspect…

If you don’t mind me asking, once you seen him taking off, why would you not chase him in your patrol car v/s trying to chase him down on foot?

If there are no requirements of being in uniform or having to display a badge of authority, then there should not have been any issue chasing him down in your patrol car in your boxers, tee shirt and socks…

Anonymous said...

Right...

Anonymous said...

Yeah that cop was a fucking dumb-ass. He probably was on acid or heroin! Yeah I think heroin considering it is a water soluble drug and it flushed out of your system in 24 hours, he is a cop and cops always take drug test not only that the name heroin means heroic! Hero! That's how Felix Hoffmann came up with the name heroin - a drug that makes you into a fucking hero!! Good Job Mr. Deputy!!! You sure as hell love that cheese (Asian Heroin) your a cop from Wisconsin.
your going to look like a fucking drug attic fool when you step up to the state in court!

Anonymous said...

All I hate to say is the cop is a fucking nut bag. Good luck in court!