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Street Cop Podcast

Verify Legal Advice With Cited Cases

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 24 June 2021

⏱️ 13 minutes

🧾️ Download transcript

Summary

Dennis explains that when someone is citing legal advice that seems strange and contrary to the truth, ask them to cite the cases they are using as a legal reference. Recorded on 06/23/2021.

Transcript

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0:00.0

111.1.10.

0:02.0

You're trying to be a street cop.

0:10.0

All right, I just landed back from the Detroit area.

0:15.0

I had a great class yesterday in Jackson, Michigan.

0:18.0

What a great group of people. Real good stuff.

0:20.0

Great, big venue. All those things were great.

0:23.6

Here is something that I hear frequently, and it just happened to me. I'm talking to a guy

0:27.2

in Instagram. He has to be in a case law class in Florida. And, of course, the instructor is citing

0:33.5

legal advice, as contrary to not only things that we've said, but the things that he's believed his whole career. So my response back to him is, here are the cases that we cited,

0:42.7

to give that legal advice, where are the cases your legal instructor, quote-unquote, is citing.

0:48.7

So it's interesting is the legal instructor is confused. What the topic of conversation is, and I'm going to lead into my

0:56.3

advice here for everybody, the topic of conversation is the use of handcuffs does not automatically

1:01.1

convert an investigative detention into a full-blown arrest. How do I know? I don't know. There's

1:07.9

hundreds of cases nationally. Each state has quite a few themselves. At least one usually.

1:12.6

What that means is during the investigative detention, if there are safety issues, and some of the safety issues that have been tested are, it happened just after a fight, the police showed up, there might have been a weapon involved, somebody's dangerous, some kind of safety issue.

1:27.9

Handcuffs, or the use of handcuffs being employed to control the situation is acceptable

1:33.1

by the courts and it does not convert a Terry-style stopper, and investigate attention

1:37.3

into a full-blown arrest.

1:38.3

Now, once those safety issues diminish and deteriorate, the handcuffs and confinement must be removed.

1:47.5

People must be released, essentially, quote unquote.

1:51.5

But the handcuffs must be removed, or you will roll into a de facto arrest.

1:56.7

So that's the law.

...

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