That's what I figured. Thank's to both of you gents for clearing that up for me.
To rehash in simpleton terms so I know I am getting this right....
It's the officers job to enforce the law, as it stands on the books. It's the DA's job to determine the spirit of that law and decide rather or not to prosecute. Cops have latitude, but have to answer for their decisions.
It seems to me that if I was an officer, I'd follow the law to the letter, and in such cases as it (the law) doesn't sit well in application to a certain situation like this one, I would do my best to speak on behalf of the arrested party.
Cops are damned if they do, and damned if they don't. It seems to be that the public is as well. This guy still went through a lot of hassle and stress.
As LEO's (George, I'll get your answer later as you already said you've got to hit the road), what would you like to see done to change the system in a manner that is less intrussive to the public?
Hard one, I know, as in this case the man brought on his own strife by actually breaking the law, even if not in spirit.
"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." - John Adams
