BANGOR, Maine — A woman who was a passenger in a car stopped early Thursday on suspicion of having a drunken driver was later arrested for failing to listen to police, Bangor police Sgt. Paul Edwards said Thursday.
Several police officers responded to the Circle K on Broadway at about 12:05 a.m. While the driver of the car was undergoing a field sobriety test, one of the man’s passengers exited the vehicle even though police told her to stay in the car, the sergeant said.
Rachel King, 35, of Bangor went into the store, and when she was returning to the vehicle, she again was told to stop, Edwards said.
“They told her to stay put, [but] she started walking away,” the sergeant said.
Because she refused to cooperate, King was arrested and charged with refusing to submit to detention. She was taken to the Penobscot County Jail and later was released, Edwards said. (Nok-Noi Ricker, BDN)
Pillar of the community……Where do these people come from..
From downriver
From Bangor…
If you are not under arrest, aren’t you free to leave? This car was stopped because the DRIVER was suspected of OUI. The police had no reason to suspect the passenger of any wrongdoing, therefore they had no reason to detain her.
Power trip false arrest? In the Greenleaf homicide the men ran (not from police) that would have been a good reason to have made an arrest that night. I guess it all depends on who you are.
Bob when the police arrived under the JC bridge the suspects were GONE. There wasn’t anyone to arrest at the scene. Do you want them to do a “Casablanca” and “round up the usual suspects”?
My point exactly they were not the usual suspects. Police new who they were that night where to find them the fact that they ran when the man was hurt would have been enough to suspect they were guilty. Having been arrested for something I did not do and the witness latter admitted lying with the DA still refusing to drop charges . I view things differently. Yes many people are arrested before the grand jury hands an inditement . I agree most police are decent people. You see things much differently than I do. I do not think I would be picked for jury duty. Like having a DNA test proved I was not the father it said 50 billion to one against it. I say in reality it was more like 100,000 to one. DNA could have got mixed up . I could have had an affair with the tester before hand or had things on her . I could have bribed the person taking the sample. I would much rather let 100 guilty people go than convict one innocent person you my friend the number would be more like 5 .
what did you say?
Can anyone eles make sence from what he is typing because I cant
“bob” consistently has anti-police posts that make no sense. Smile and nod while skipping over his posts from now on like the rest of us..
Not true. You can be detained without being under arrest. During a traffic stop the vehicle and its occupants are detained until the traffic stop is over. Field sobriety was still going on so therefore she was still in custody. Not hard to sit there until its done then you’d be on your way..
Give me one good reason according to the facts of this article why she shouldn’t have been able to just walk away.
You sound right about this in theory. I doubt that they would have arrested her if they were not within the parameters set by law. This situation must be a pretty regular occurence. Had she cooperated with the police she probably would have been on her way in a short amount of time instead of in cuffs.
I agree I think that if she had listened and stayed put she would of been able to call for a ride or if she wasnt drunk then she could drive the car. (assuming the actual driver was arrested for OUI it doesnt state that in the article)
She could only walk away if she was an illegal immigrant…all legal residents have to do as the police say!
I am guessing they know Ms. King very well from priors. Just saying.
Detention for investigation purposes has been ruled by the SCOTUS to be lawful.
The vehicle was stopped. Therefore the car and everyone in it is detained until the stop was over. Field sobriety was taking place so the stop wasn’t over. Not a hard concept..
Many years ago a cop I knew did things he had no right to do . Years latter we met as friends . I told him you had no right to do some of the things you did. He said who were they going to believe me a cop or you a kid at the time.
http://www.patc.com/weeklyarticles/brendlinVcalifornia.shtml
Sounds to me like the officer was trying to secure the scene and to ensure as much as possible his own safety. Remember: There’s only one of him, but at least two of them. People become very unpredictable when faced with the prospect of incarceration.
Again, it’s an OUI stop. The Driver is the suspect, not the passenger. Your reasoning is circular in justifying the police “securing the scence” to include the passenger. A passenger has no reason to “fear incarceration” when the police make an OUI stop. Therefore, the police have no reason to fear the passenger’s “unpredictability” or “secure the scene” with respect to the passenger. The police don’t ask for passenger ID when they pull the driver over, they must not have any reason to suspect them of anything. They should be free to leave.
They should not be free to leave. If the driver was to fail the sobriety test and the police need to search the vehicle what’s to say that person did not remove other incriminating evidence from the scene. At that point she could be in violation and with one police officer there he can only control the situation by keeping her in the car. I do not see anything wrong with what he did, if people would start listening be more respectful and take responsibility for their actions this world would be a much better place. But of course that would require a little EFFORT and in the world we live in that is getting harder to find.
Why don’t we just make a police state . I do not believe police have or should have the right to detain someone not under arrest.
It’s called an investigatory detention. Yes, police have the power to do that–provided they can articulate reasonable suspicion, or a legitimate safety concern. If there is only one me, but four of them and I need to talk to the driver, and there’s a risk that the other three could gang up on me, or just one of them got squirrly, I need to be able to be able to control the scene for my own safety. If detaining everyone in the car or cuffing everyone up and sitting them on the sidewalk temporarily is what I need to do to safely carry out my lawful duties then that’s what I do.
If I don’t need to make an arrest, then everyone gets thanked for their cooperation, bid a good day, and released.
If I see a police officer break the law IE. Drink and drive can I arrest them ? I was not thier I do not know if she was interfering with his job. If I am not suspected of breaking a law and just want to walk away I should be able to. Was A time in this country when it was your duty to resist an unlawful arrest. When i choice to talk to the police it depends a lot on how much respect I feel I am giving. Some cops should take Human relations 101. I think in the last 20 years or so things have changed a bit. How about an apology when wrongly accused? Some I respect a great deal some I will never respect. I remember being bullied in grade school by 2 kids that are now cops. That 25% that are on a power trip will not get many answers from me .
Bob, your second-to-last sentence says it all.
No kidding, who is this guy haha
Two things here will go a long way……..attitude and showing a little respect. And that needs to come from EVERYONE involved no matter what side of the badge…..
True. It makes things much easier all the way around. Just because you have to arrest someone doesn’t mean you need to be a jerk.
That makes no sense.. how could an investigation be conducted? You can’t just arrest everyone outright there needs to be a middle level where an investigation level of custody exists
Body language is 90% of communication. Without the video/audio tapes we have to accept Ms. King’s assertion of her right to remain silent consolidated with a statement of “arrest me now or return my civil liberties” was made at the point of opening the car door.
She was not, at the time, the subject of an investigation or in possession of any discoverable evidence directly related to the driver’s blood alcohol content relative to State Law.
Thats not true they sometimes ask the passenger for their ID and alot of the times they run them. Not as they care if the passenger has a valid license but to check and see if they have any warrents out for their arrest. Also if the passenger had just stayed put so the officer could even talk to her then she probably would of been free and clear. But anytime that you do not listen to an officer you can get arrested for not cooperating so…
Key question for cops when in such a situation, “Am I being detained?”
Not knowing who said what or who understood what, I’ll give both the woman and the police the benefit of the doubt in this situation and not go off on who was in the wrong. But I will say that since the woman returned to the vehicle, I doubt that the arrest was necessary, as this seems to just be a communication failure on someone’s (or everyone’s) part.
Police have no right to detain you if you are not under arrest.
Ya dey do. Can even cuff you for his/her protection until the investigation is over. How does one know if there is a warrant out for them or an illegal gun on them while they are walking off down the road (or even bonk you on the head while you’re not looking)? Ask any cop what the most dangerous thing is and you’ll be told that it’s the uncertainty of a traffic stop. There is no way of knowing what they’re walking into.
You do not have to answer any questions . I when I am questioned by a cop I ask if I am under arrest . If not I will leave.
Good luck on a stop with that belief/ attitude. Like I suggested, ask a cop what he/her can do.One follows the cop’s instructions to the letter every time or you might end up in a perp photo too.
I replied to a statement, not a question. It was so wrong that a reply was warranted.
(And of course no body has to answer the question a cop asks. Never said they did.)
I get asked do you know why I stopped you? I reply I do not think thier is a right answer to that question. Then they ask where are you going? I say i do not Know I might be going to jail. Not that I beak the law I just had a few run ins with a few cops on power trips. Some will lie out right lie in court. Fix accident reports to help out relatives etc. just tell me the truth and I can help you . I really like that one. Or the saying they have a witness seeing you do something you did not even do. Most are decent but the few that were not fair really stick in my mind.
You love playing the victim role, poor Bob. Every cop story you need to bash and talk about bullies. Maybe if you were not a scrote, you’d be ok.
All valid reasons, Bob. Except for social settings, I haven’t spoken to a cop in over 20 years (and I was guilty of speeding that last time). In my 57 years living in 3 states, I’ve never seen even the outside of a jail cell.
I just know that unless the cop says you can go, you’ll end up with either a high-speed or a foot chase.
Disrespectful and defiant………….
Do you get questioned by the authorities often…?
I think hed be arrested if he did!
This is not true Bob. If I sold a gun to my son knowing he was going to use it in a crime I can certainly be detained for questioning. If I assert my rights “with respect” I might be able to postpone the detainment until I am with my attorney but guarantee it will happen.
However, if I turn State’s Witness against my son I can be granted immunity. re: Maine vs Zachary Carr.
Whos on the power trip? You know you can go on maine.gov im sure this may prove you wrong. You can get arrested for not cooperating!
NOT TRUE. Without saying something I’ll get banned for you are obviously completely uneducated when it comes to procedures and the law
Is everybody in a mugshot allergic to shampoo?
I bet she is single too… Yucky poo……..
Maybe I forgot to hit enter last time, so I’ll repeat my lowly response.
There’s an old saying: There’s a (edit) for every (edit)!
In a related charge, she also was given an additional 12 days for having four cups of canola oil in her hair.
LOL….
Seems to me, this is a case where a woman’s rights were violated. According to he article, Ms. King, was never told she was being detained AND she was not the subject of the traffic stop. She was within her constitutional rights to turn and leave at any time. I am almost certain the time restraints set by case law were exceeded furthering Ms. King’s right not to answer any questions and terminate the contact between herself and law enforcement.
Who cares! GodSmack and Staind are in town!!! Let’s Rock!!
An element of arrest is when one (police officer) denies someone of a
significant right…The officer had no right to detain this person without
arresting her…Police Academy 101…She had every right to walk away…
Officers may detain for investigative purposes. Police Academy 101.1
why does the BDN keep deleting my comments?
happens all the time to me i dont get it!
Why do people pick a fight with cops…….. UR GONNA LOOSE no matter what….Stupid people really do make me laugh.
Shes a peach she is…Why do people pick a fight with cops. YOU ARE GONNA LOOSE no matter what. Stupid people make me laugh.
Oh aint she a peach! Stupid people make me laugh, why do they insist on picking a fight with a cop…..YA GONNA LOOSE no matter what.
I still get a chuckle out of the guy in the picture with the screwed up snozzzzzz……..
Makes my day,,..
Hmmm…I’ve been going through the criminal statutes and try as I might I just can’t find an offense called “failing to listen to police.” I suspect that’s something one might get into trouble over in Bangkok but last I knew, even with the contempt for law shown by our past couple of presidents, it hasn’t come to our shores — yet. Maybe if we just continue to allow Ms. Ricker and her ilk to go unchallenged when they write such dumb things, maybe then after a few more years we can all become so dumbed down that we’ll allow our pathetic legislators to make “not listening to police” a genuinely recognized crime.
You forget the catch all “obstruction of governmental administration”. A statue for when no actual law has been broken,but you just happen to incur the wrath of a governmental agent.
let’s not let the facts get in the way here
in Brendlin v. California, the Supreme Court held
that, when police stop a car, the passengers in the car, in addition to
the driver, are seized because a reasonable passenger would not believe
himself free to leave. Specifically, the court said “a
sensible person would not expect a police officer to allow people to
come and go freely from the physical focal point of an investigation
into faulty behavior or wrongdoing… even when the wrongdoing is only
bad driving, the passenger will expect to be subject to some scrutiny,
and his attempt to leave the scene would be so obviously likely to
prompt an objection from the officer that no passenger would feel free
to leave in the first place.”
I find this a shame and evidence that the “Land of the free” is only a myth. Our founding fathers would turn over in their graves if they knew that stuff like this goes on everyday in our police state brought to you by the republicans.