Originally Posted by law dawg

I've "slapped the wrist" of many people over the years and told them to cut it out. Officer discretion and all of that. And maybe I took a Constitutional liberty or two but I knew, beforehand, I wasn't going to press charges. Of course I don't recommend doing it because you may find something else out later that you have to press charges on and that evidence might be tainted (Fruit of the Poisonous Tree), but I've taken beers and joints and paint thinner (huffers), etc. away from kids without proper Constitutional due process, because I filed no charges.

If they came from homes that gave a crap about them I usually told their parents, which is infinitely worse than criminal charges.

Also, I was not using your specific example other than to demonstrate how their is no "presumption of innocence" on the street. If that were the case no LE work would be done other than what was personally observed by the LEO. On the street, presumption of innocence means diddly-do. All that counts is reasonable suspicion and probable cause to believe a crime has been committed, so long as criminal charges are anticipated.