Is it legal for police to let someone pass?

[leo3an]

This is just out of my curiosity. Is it illegal for a police officer to let someone go with a warning? I know it would be pretty ridiculous to pull over someone for going 1 mile over speed limit, but would it be illegal if the police just lets them go?

The curiosity rose when I read one of the previous posts about elderly people driving, and most LEO replies were somewhere along the lines of..."an old person driving badly isn't as bad as an 18 year old driving dangerously". I agree with these replies.

But is it actually legal to decide who will be ticketed/arrested depending on police officer's personal belief? It seemed interesting to me because it makes perfect sense that a cop would not pull over an old lady for not turning on signals. But what about not just age differences, but race, sex, or simply how they look?

1) 18 year old latino male, driving 10 miles above speed limit. Listening to rap music (not loud), giving "gangsta" look while smoking. He wears baggy pants and those hip-hoppy hat things.

2) a 65 year old lady (who looks like mother goose), driving 10 miles above speed limit, who seems happy. She also happens to have a "I support LAPD" sticker on her car

Same violation, but different people. If I was a police, I wouldn't give a ticket to #2. But would such act be illegal for the police in the eyes of the law?

[Creeker]

Google the word "discretion".

Most of us have it.

Some of you wish we didn't.

All of you want to get it from us.

I'll be discrete and continue no longer.

Burma Shave.







:D

[mobrien316]

Is it illegal for a police officer to let someone go with a warning?

No.

[Officer20]

1) Police discretion is widely recognized, and legal. Court precedence recognizes the importance of allowing an officer to choose the actions s/he takes - to an extent.

2) Discretion (as in your example, "to ticket or not to ticket") can not be based on age, race, gender, etc.., alone. That would be illegal. Discretion can be based on the time of day, the amount of traffic at the time, the attitude of the driver, what the officer believes will be enough of a deterrent - a ticket vs. a warning, and what side of the bed the officer woke up on that day, among other things.

Hope that helps.

[leo3an]

Thank you very much. I did not know police had "ability to exercise a degree of discretion"

very good to know! I was once let go during college to my complete surprise. 4AM after finals, I was a total mess (painting).. looking like a bum, listening to Pantera very loud to keep me awake. Police pulled up next to me on a stop sign, and I was very scared that I'll be paying off a ticket using my school loans. Surprisingly, he yelled out "Pantera rocks!"... like a total dork who doesn't know how to handle any odd situation, I blabbered back, "Yes sir officer sir". He laughed and said good night.

I've never been a "victim" of "discretion", but I am glad to hear to hear about it. Thanks.

[deputywave]

Is it illegal for a police officer to let someone go with a warning?

Ticket em' all, let the Judge sort em' out.









:D:D:D:D:D

[InTheEnd]

This is just out of my curiosity. Is it illegal for a police officer to let someone go with a warning? I know it would be pretty ridiculous to pull over someone for going 1 mile over speed limit, but would it be illegal if the police just lets them go?

The curiosity rose when I read one of the previous posts about elderly people driving, and most LEO replies were somewhere along the lines of..."an old person driving badly isn't as bad as an 18 year old driving dangerously". I agree with these replies.

But is it actually legal to decide who will be ticketed/arrested depending on police officer's personal belief? It seemed interesting to me because it makes perfect sense that a cop would not pull over an old lady for not turning on signals. But what about not just age differences, but race, sex, or simply how they look?

1) 18 year old latino male, driving 10 miles above speed limit. Listening to rap music (not loud), giving "gangsta" look while smoking. He wears baggy pants and those hip-hoppy hat things.

2) a 65 year old lady (who looks like mother goose), driving 10 miles above speed limit, who seems happy. She also happens to have a "I support LAPD" sticker on her car

Same violation, but different people. If I was a police, I wouldn't give a ticket to #2. But would such act be illegal for the police in the eyes of the law?

#1 and #2 receive the same service. #1 is in trouble if he's smoking marijuana. #2 will be questioned further in regards to the support sticker. Officer's discretion for both #1 and #2 to write or warn.

[InTheEnd]

Surprisingly, he yelled out "Pantera rocks!"... like a total dork who doesn't know how to handle any odd situation, I blabbered back, "Yes sir officer sir". He laughed and said good night.
I've never been a "victim" of "discretion", but I am glad to hear to hear about it. Thanks.

The officer didn't cite you for the loud music from your car. He used his discretion not to stop you for it.

[Somebody]

The officer didn't cite you for the loud music from your car. He used his discretion not to stop you for it.

Funny story, though.

[phantasm]

Attitude and honesty play a large part in summonses. If old lady had an attitude, and the "thug" was respectful, then he'd get the warning, and she wouldn't, and vice versa. The second you start with an attitude, you've getting at least 1. You continue with the attitude, and depending if I have the proper codes, and what I can win in traffic court, you may get multiple summonses.