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Is it Illegal to Warn People of Police Ahead

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  • 02-12-2010, 01:09 AM
    sam o nela
    Is it Illegal to Warn People of Police Ahead
    My question involves criminal law for the state of: CA

    I am wondering if this is in any way illegal?

    http://i7.photobucket.com/albums/y26...a/IMG_1402.jpg

    I plan to hold this sign up several blocks before drivers pass by a hidden motorcycle officer doing speed measurements.

    In searching California and local law, I cannot find anywhere that might put me in the wrong here.

    Obstruction of Justice: I believe this only applies to an actual investigation. In this case there is no investigation, but rather an officer assuring traffic safety by checking for speeders.

    Interfering with the Duties of an Officer: If I were to go stand directly in front of the officer's line of sight or in anyway interfere with the proper functioning of his Lidar/Radar...or even go chit-chat so as to distract him from the traffic...I could see that charge sticking...however if I am posted several blocks away, how is this interfering with whatever he is doing several hundred yards later? His gun will still correctly clock people as they go by...

    Disrupting, distracting, interfering with, or impeding traffic flow: I plan to stand at an intersection with traffic signals. When the light is RED for oncoming traffic, I will most definitely hold the sign up for those sitting at the light. After they have emptied out, I am not sure if I should hold it up or not for the folks driving by...however, how am I any different from those people that hold up huge signs advertising new housing tracts, Halloween stores, and Going Out of Business Sales?

    Loitering and/or trespassing: If I am on a public sidewalk, at a public intersection, again, how I am any different from the aforementioned advertisers, a person waiting for the bus, or even just a regular citizen that likes to count all the yellow cars?

    So ideas? Thoughts? Warnings?

    I know this idea may seem incredibly stupid to some (maybe most) but it is something I have wanted to do for a long time.

    If traffic enforcement is REALLY about safety as opposed to revenue generation, I don't see where there would be an issue with me reminding fellow citizens to slow down...
  • 02-12-2010, 07:49 AM
    aardvarc
    Re: Is this Illegal? (Police Ahead Warning Sign)
    I'm sure that Carl will have some specific insight since he's a California officer, but I've seen quite a few people here in Florida who were quite irritated when they were arrested for doing this (and a few arrests via notice to appear tickets for people who felt obligated to flash their headlights in warning as well, although technically they were cited under different violation statutes).

    I suspect any problem a court will have with your arguement that you're just trying to get people to slow down is going to come down to the number of times or amount of time you spend out with the sign when police AREN'T running radar. If you're only there when they are, it's easy to infer intent. (Particularly since it doesn't just say "slow down", but you felt the need to put "cop ahead" on it.)
  • 02-12-2010, 09:07 AM
    Papi Yanqui
    Re: Is this Illegal? (Police Ahead Warning Sign)
    I'm betting this doesn't work out well for you. I look forward to reading about this in the news.
  • 02-12-2010, 09:28 AM
    sam o nela
    Re: Is this Illegal? (Police Ahead Warning Sign)
    Well Im back...success!!

    Well...partly...I went ahead and modified the sign. I folded it over in the middle so now one side says "SLOW DOWN" and you flip it over to read "COP AHEAD."

    I had two patrol officers drive by in regular traffic and look right at me and then just go about their business...of course...when I saw them coming I simply stayed on the "SLOW DOWN" side of the sign...lol...

    I also decided to go to an intersection where sign-holding-advertising-folks are very common. I warned oncoming traffic after their light had just turned green (when they are just accelerating and thus going their slowest). I don't know if there was in fact a "cop ahead," but that road goes on at 45 mph for another 3 or so miles...so there might have been or there might not have been.

    Regardless, people had positive reactions which hopefully translates to them actually deciding to slow it down during this morning's rush hour...

    Thanks for the advice....but I still look forward to more input...


    EDIT:

    Here is the revised sign:

    http://i114.photobucket.com/albums/n...s/19277465.jpg

    http://i114.photobucket.com/albums/n...s/19282332.jpg
  • 02-12-2010, 09:41 AM
    That Guy
    Re: Is this Illegal? (Police Ahead Warning Sign)
    You must have a lot of free time on your hands!

    You're bound to get noticed. Whether its legal or not, it might still cause you enough of a hassle to make you change your tune...
  • 02-12-2010, 09:48 AM
    sam o nela
    Re: Is this Illegal? (Police Ahead Warning Sign)
    Quote:

    Quoting That Guy
    View Post
    You must have a lot of free time on your hands!

    Hahaha :D

    No just today actually....me being an 8-5 (and beyond) guy these days, I don't have much time for stuff like this anymore...however today we got a holiday from while other folks did not...so it was one of those few and far between opportunities I had to do this during rush hour...
  • 02-13-2010, 07:36 PM
    NCC 1701
    Re: Is it Illegal to Warn People of Police Ahead
    I'm sure the cops could "find" something illegal about it and pencil screw you
  • 02-13-2010, 07:40 PM
    cyjeff
    Re: Is it Illegal to Warn People of Police Ahead
    If the flashing yellow lights that designate a SCHOOL ZONE won't make people slow down, I doubt your sign will.

    However, I always vote for optimism.
  • 05-18-2010, 12:47 AM
    sam o nela
    Re: Is it Illegal to Warn People of Police Ahead
    Quote:

    Quoting NCC 1701
    View Post
    I'm sure the cops could "find" something illegal about it and pencil screw you

    And then I'll find some way to fight it in court :D

    and the media will be there each step of the way :D


    Quote:

    Quoting cyjeff
    View Post
    If the flashing yellow lights that designate a SCHOOL ZONE won't make people slow down, I doubt your sign will.

    However, I always vote for optimism.

    Optimism is good...and I like to think that if I can keep even one driver from having to pay the city for speeding, then "public safety over revenue generation" will once again prevail...
  • 05-18-2010, 09:36 AM
    BOR
    Re: Is it Illegal to Warn People of Police Ahead
    Sam, until it is done and charged under any obstruction theory, the case law may or may not provide guidance. IF he is hidden you would not be able to see him, therefore he is in open view.

    I would argue there is a 1st AM right to warn motorists.

    Unless such defacto act has been tested before or any such similar pattern test case, it will be a case of 1st impression if prosecuted.
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