Police Discretion And Charges
Summary
Police officers have discretion in making arrests but can be charged if they participate in or cover up crimes. In Pennsylvania, summary offenses like public lewdness require evidence beyond an officers claim. If accused falsely, consult a local attorney, gather evidence, and prepare for court.Full Conversation
I am curious, if a cop doesnt charge you with a crime he knows you're guilty of and lets you drive away, does that make him guilty of conspiracy to comit the crime?
As a general rule, a police officer has discretion to arrest or not arrest for a crime. However, they could potentially be charged if they actively participate in a crime or cover it up. This usually depends on specific state laws and circumstances.
well for example: Guy is parked in his girlfriends car, engine off. Cop comes to the window and interacts with Guy. Guy tells him he doesn't have a license. The cop looks around doesn't find anything and then lets Guy drive home. Then * weeks later Guy gets a summons for summarry non-trafic for aledged masterbation in the car from the aforementioned situation. There is zero evidence Guy was masturbating except the cops accution claiming he did.
In Pennsylvania, summary offenses like alleged public lewdness typically require some sort of evidence beyond just an officer's claim. If 'Guy' feels that this is a false accusation, he should consider:
- Consulting with a local attorney.
- Gathering any potential evidence that could contradict the officer's claim.
- Preparing to defend himself in court should it be necessary.