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What Can You Do if You See a Police Officer Run a Stop Sign

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  • 09-21-2018, 06:11 PM
    seenix
    What Can You Do if You See a Police Officer Run a Stop Sign
    My question involves a traffic ticket from the state of: California.

    Hello,

    I got a rear camera video recording of the motorcycle cop who pulled me over for rolling through a Stop Sign, but he didn’t stop himself. Supposedly, he must either turn on siren (when necessary), or red lights (police lights) to go thru stop signs or red lights. In this case, he didn’t turn on any lights and rolled thru the stop sign.

    He rode about 1/2 miles from that stop sign. When he got behind me at a stop light, he turned on his lights and siren.

    Wouldn’t this police officer violated 21055(b) - pasted below:

    Thank you for your time!

    VEHICLE CODE - VEH
    DIVISION 11. RULES OF THE ROAD [21000 - 23336]
    ( Division 11 enacted by Stats. 1959, Ch. 3. )

    CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21296]
    ( Chapter 1 enacted by Stats. 1959, Ch. 3. )


    ARTICLE 2. Effect of Traffic Laws [21050 - 21070]
    ( Article 2 enacted by Stats. 1959, Ch. 3. )


    21055.
    The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Section 21800), Chapter 5 (commencing with Section 21950), Chapter 6 (commencing with 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions:
    (a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.
    (b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians.
    A siren shall not be sounded by an authorized emergency vehicle except when required under this section.


    Also City of Sacramento v. Superior Court (1982):

    “The effect of Vehicle Code sections 21055 and 21056 is: where the driver of
    an authorized emergency vehicle is engaged in a specified emergency function
    he may violate certain rules of the road, such as speed and right of way laws, if
    he activates his red light and where necessary his siren in order to alert other
    users of the road to the situation. In such circumstances the driver may not be
    held to be negligent solely upon the violation of specified rules of the road, but
    may be held to be negligent if he fails to exercise due regard for the safety of
    others under the circumstances. Where the driver of an emergency vehicle fails
    to activate his red light, and where necessary his siren, he is not exempt from
    the rules of the road even though he may be engaged in a proper emergency
    function, and negligence may be based upon the violation of the rules of the
    road.” (City of Sacramento v. Superior Court (1982) 131 Cal.App.3d 395,
    402–403 [182 Cal.Rptr. 443], internal citations omitted.)
  • 09-21-2018, 06:36 PM
    cdwjava
    Re: Rear Camera Caught Motorcycle Cop Running Stop Sign
    You are certainly free to contact the officer's employing agency and complain about his actions. However, the fact that he had to violate a CVC in order to catch you for violating the offense does NOT provide you an out for your offense. It is relatively common that traffic officers must violate some of the rules of the road in order to catch violators.

    So, if you hope to use this to get out of your cite, you are mistaken. But, you can deliver your complaint and your video to the agency and see what they have to say. Unless his actions were clearly dangerous and put members of the public at risk, I'm going to guess that nothing will come of it, but you can try.

    One reason the courts may not concern themselves with an officer's infraction when apprehending offenders is this:

    California Penal Code 4. The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
  • 09-21-2018, 07:35 PM
    adjusterjack
    Re: Rear Camera Caught Motorcycle Cop Running Stop Sign
    Besides, is it really a good idea to rat out a cop who knows who you are. LOL.
  • 09-22-2018, 11:21 PM
    sniper
    Re: Rear Camera Caught Motorcycle Cop Running Stop Sign
    Short answer, no. 21055(b) VC is not punitive. 22450(a) VC is punitive but good luck on convicting the officer at YOUR trial. He would need HIS trial for that.
  • 09-24-2018, 10:46 AM
    seenix
    Re: Rear Camera Caught Motorcycle Cop Running Stop Sign
    Thank everyone :)

    This officer has ticket me for holding my cell phone at a stop light; I actually had a camera inside the car proving that I wasn't using it, but per new law, holding it seem to be 'punitive'. He gave my wife a ticket for going 5mph over while other cars are going as fast or faster. I felt we're getting singled out due to what we drive and what I ride.

    Was thinking of spending a few thousands and get back at him. I noticed that he like to roll thru stop signs while on patrol; double standards at its best.
  • 09-24-2018, 10:54 AM
    PayrolGuy
    Re: Rear Camera Caught Motorcycle Cop Running Stop Sign
    What are you planning to do to "get back at him" with that few thousand bucks.?

    What do you drive that you think upsets cops so much?
  • 09-24-2018, 08:52 PM
    cdwjava
    Re: Rear Camera Caught Motorcycle Cop Running Stop Sign
    Quote:

    Quoting seenix
    View Post
    Thank everyone :)

    This officer has ticket me for holding my cell phone at a stop light; I actually had a camera inside the car proving that I wasn't using it, but per new law, holding it seem to be 'punitive'. He gave my wife a ticket for going 5mph over while other cars are going as fast or faster. I felt we're getting singled out due to what we drive and what I ride.

    Was thinking of spending a few thousands and get back at him. I noticed that he like to roll thru stop signs while on patrol; double standards at its best.

    The fact that other people were committing the same offense is not a defense. Officers cannot stop EVERY car that commits a particular violation, they can generally only get one at a time. I once stopped a guy for turning over a pair of double yellow lines into a shopping center. As I was at the window of the first vehicle two more vehicles turned into the lot and I flagged them down to stop. Within 15 minutes I had two more officers and 7 cars stopped and we finally had to ignore additional violations because we would have been there all day and we were Patrol officers, not traffic. Ultimately, the department submitted a review request to the city and they eventually made a concrete island to replace the double yellow lines. The point of this being, the police cannot get everyone.

    Also, the type of vehicle you might drive or ride is not a protected class. So, if it happens to stand out, that's bad news,but it's not unlawful to stop you because of it.

    As for getting back at the officer, what does a few thousand dollars have to do with anything? You gonna pay a PI to follow him around and get pictures of him rolling through stop signs? Then what? Embarrass him on Youtube? Report him to his agency? What? Not to mention that following an officer is a good way to get yourself surrounded by a bunch of suspicious officers and proned out on the ground.

    Quote:

    Quoting EJay
    View Post
    As you have witnessed here, I'm not sure 21055 really means much beyond it's applicability to civil cases and negligence because, as pointed out, it is not punitive. What's the official method of enforcement? Complaint to the department and internal repercussions? Based upon what I've seen departments allow their guys get away with, I would say cops are basically free to roll stop signs.

    The long and short of it is that if officers were unable or unwilling to break a few traffic laws to catch traffic offenders or other criminals, response times to crimes would double or triple and bad guys would get away far more often than they do now. As it stands, the officer takes his or her liability into their own hands when they act in violation of the CVC and agency policy. Officers tend to accept that responsibility because it goes with the job.
  • 09-25-2018, 03:41 AM
    cdwjava
    Re: Rear Camera Caught Motorcycle Cop Running Stop Sign
    Quote:

    Quoting EJay
    View Post
    If it was part of the defense, something like this could be used as evidence of poor traffic engineering. This particular example,however, may not be the best one.

    Engineering was fine. None of the drivers stated they failed to see the dual sets of double yellow lines, they simply didn't want to drive the extra 70 feet or so to use the next driveway at the light.

    Quote:

    Glad they did.
    If we hadn't, we would have either been getting traffic complaints (as the #1 lane clogged when people slowed or stopped at lunch time to get into the strip mall), or the motor units would have been able to fish their limit each day (and they were already cocky enough). :)

    Quote:

    I know you likely meant otherwise but yea it would be.
    If it was not clear, what I meant was that it is not unlawful to stop a vehicle because it stands out among the other violators. If I see three speeders and my eye is drawn to the red sports car, I am free to stop the red sports car even if it is speeding less than the others. The color, make, model, type of vehicle, or even being the lesser of the gaggle of violators, doesn't grant any exemption to being stopped.
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