I think you may find that the PFD Manufacturer's instruction for use may trump the police dept policy. As in, if the mfgr's instructions for use are not followed, then the user (police in this case) assumes ALL responsibility when the PFD does not perform as intended. Thus, police will either have to state that the device was being used as a restraint (in which case they didn't provide due care to insure the arrested safety) or that it was being used for it's intended purpose as a Personal Flotation Device, where it may not have been worn correctly. If it is stated as the latter, I'm betting they will need to prove that it was put on the arrested per mfgr's directions.

As stated in my original post, this story caught my attention from the standpoint of a Type 3 life jacket and a person going overboard at speed (what speed I do not know). Until we know otherwise, I assume the jacket was properly secured. I see a lot of foks on poker runs wearing Type 3 jackets. If it is determined the jacket was properly secured, I would think the offshore community would be interested in what failed and why. I agree it seems impossible for the jacket to come off with your hands handcuffed but stranger things have happened. For example, did something fail (buckles, straps, material at shoulders, etc.) when the person struck the water allowing the jacket to be pulled free?

The police today have fostered an "Us against Them" environment. They are no longer here to "Protect & Serve" but rather to build revenues for their departments. I failed a field sobriety test, about shortly after tearing my ACL in my right knee for the second time. I was heading for the ER, and was probably going 10 mph over the posted limit. As much as I tried to explain to the officer that I really didn't think I should do the test, he wouldn't hear it. He claimed that he had pulled me over for speeding, but then "smelled something on my breath" What he smelled was a Hall Mentholyptus Cough Drop. I could barely walk, so I asked the officer to write a statement that he and the sheriffs dept would assume all liability for any further injury to my knee, which he refused to do. So, I tried to perform the field sobriety tests the best I could. The only parts I had issue with involved walking. I performed all others fine. The officer then proceeded to give me a PBAC at the roadside, which showed 0.00 He made me do this 3 times, then decided that PBAC unit was not operating correctly and called for another unit, who amazingly enough got pretty much the same result. Only difference was the other deputy asked why my knee was so swollen and why I was sweating so badly. I explained having just torn my ACL (for the second time) and that I was truing to get to the ER. I was not arrested for DUI, since I was not under the influence of anything other than a Hall's Cough Drop. I was however detained at the roadside for roughly 1 1/2 hours, forced into the back of a crown vic cruiser (having to bend a knee that was already killing me) and given a ticket for 10 over, but certainly was not offered any help to see that I got to the ER... I have no use for the police since. I have too many times seen the cops coming out of the local FOP hall completely trashed, and get in their car and drive away. I will never trust a cop

Go put a type 3 jacket on, then have someone handcuff you and get out of the life jacket. Let me know how it works out.

It is beyond me why the officer could not jump in and save this poor kid. There should have been 2 officers on that boat.

I have no illusions on the liability here. IF the department procedures were followed, all I was saying is the liability moves from the officer to the department. IF the department procedures were followed, AND they run contrary to the mfg.'s instructions, then it is up to the department to justify their procedures. I don't believe the mfg can "trump" the department procedures, it just releases the mfg from liability. I can see scenarios where this might be the case. However, in my business, I see and hear way too much speculation every time anything happens and it really bothers me. So I'm not going to speculate on anything.

If you boat in Mo you will see pattern of unsafe behavior by the water patrol. This is not a surprise to me or anyone else that has been paying attention to their antics or that have had interaction with them. I don't dislike cops. One of my best friends is a MO highway patrol and he hates the WP guys here in MO. As of last year the WP became part of the highway patrol. I thought this move would make them more professional and better trained. I figured that being on the road in the winter dealing with real dirt bags might make them see that us boaters are a pretty good bunch of people and we don't need to be treated like criminals when we are on our boats with our families. But I was wrong. It almost seems they are getting worse. I do hope this tragedy gets the attention of those in charge and makes some major changes happen. I am going to my state rep next week to talk to him about their behavior and what it is about to cost the MO taxpayer.

You got that right.

You forgot: jump out of the boat like a moron @ 45 mph. Jacket obviously wasn't fastened like it should have been but at the same time the kid knew it. Yes, I am "assuming" and the majority of you know that this was the case. The devil's advocate guys are the know it all breed of their own who just want to make everything a controversy because they can. Those Donzi's are wave breakers, you aren't going to get thrown out of one, especially being in the back. 20 year old, scholarship on the way, BUI on the way, scholarship now, not on the way, too much thinking on the wave of shame ride in, counts for even poorer decisions. Bad deal yes, but it's obvious which side I stand on with this event.... Put the jacket on correctly but don't decide to be mermaid when your hands cuffed behind your back.....

I will own you tomorrow on this...your hi-po friend is probably the one who my friend, family, brother, sister, neighbor, was with when he threw himself out of the boat while behind the wheel while WP was "training" him to be on the same team. FYI - WP went thru exact same training as hi-po, PLUS all the water training on top. Did your hi-po BFF have to swim a mile in full gear, no PFD, in under 10 mins? (Don't quote me on that) WP > HP. Sorry. But now they are all in the same and you got guys that have never driven a boat in their life patrolling the water......