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  1. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Once again, I'll reiterate that in CA whether a release on an infraction citation is an "arrest" is dependent upon the context.
  2. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Further (now that I have some time):

    From CPOLS ...

    However, neither the issuance of a citation nor probable cause for a cite-and-release offense is enough to invoke the...
  3. Dismissal: Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    Legal or enforceable? That might also depend on whether or not there is a statute/ordinance permitting the appropriate director from establishing limiting regulations at the park. You are certainly...
  4. Dismissal: Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    That's ... unusual. I know that in some states minor offenses are listed textually and later filed under the appropriate statute. But, My experience with AZ was that it was similar to CA in that a...
  5. Dismissal: Re: Is a Sign Prohibiting Somthing Without the Backing of an Ordinance or Law Enforsa

    What is the code section (number) of the statute you have been cited for violating?
  6. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    That has been tried and dismissed in CA. We cannot conduct a search incident to arrest on a traffic infraction. Not to mention that the scope of any post-arrest search would be limited in scope,...
  7. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Yeah, it's pretty much a matter of context when we use the term, "Arrest".
  8. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    I suspect that if the vehicle were left in the roadway, and was cited for impeding, then the elements were observed by the officer. Although, CA DOES permit a private person's arrest even for...
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    Re: Rights to Protect Property

    Sad as it is to admit, property crimes are not a priority in many jurisdictions today. Many county prosecutors have, in recent years - including the past few months - publicly proclaimed that they...
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    Careless Driving: Re: Should I Fight This Case

    Was this before or after the party where you were caught holding the beer?

    In any event, as with the other case, you should probably consult an attorney. But, assuming the section cited is...
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    Re: Rights to Protect Property

    Normal precautions do not always work. One of the most wealthy neighborhoods in Sacramento has regular intrusions and police response to a burglary in progress can take 30+ minutes. A cold burglary...
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    Re: Rights to Protect Property

    Legally allowed and permitted by policy are entirely different matters. Seattle has been following a number of other jurisdictions in de-emphasizing property crimes and quality of life offenses for...
  13. Other Violations: Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Let's start with this: What was the actual code section for which you were cited? Was it VC 22400(a)?

    22400. (a) No person shall drive upon a highway at such a slow speed as to impede or block...
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    Re: Identified As Driver Suspended

    Had the officer not demanded to see ID, then it may have been seen as a "casual" stop, or, as we refer to it in most places, a "consensual contact" (i.e. a NON detention). Even in this scenario, an...
  15. Parking and Access: Re: I Was Issued a Warning Citation from My Apartment Complex's Tow Company

    It does appear to say that it has to be moved within 96 hours, so, I'd suggest moving it at least once every 4 days.
  16. Parking and Access: Re: I Was Issued a Warning Citation from My Apartment Complex's Tow Company

    Check your lease agreement and see what it says about parking. If it requires you to move the car periodically, so be it. If not, then maybe you need to discuss this with management. Be thankful...
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    Re: Identified As Driver Suspended

    You're right. It was not a "casual stop", if, by "casual stop" you mean that the contact is NOT a detention. Because, once the officer made a demand that he needed to see his license, the matter...
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    Re: Identified As Driver Suspended

    Yep. The officer apparently stated, "“I know your [sic] suspended, I need to see your license”. And, lo and behold, the OP WAS suspended! Good call on the officer's part.

    Nothing untoward...
  19. Re: Driving on Foreign License California Ticket 12500(A)

    VC 12500(a) is almost universally filed as an infraction in Traffic Court. And,even if the officer did not indicate that it as "correctable," the court can make it so. Therefore, your boyfriend...
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    Re: Identified As Driver Suspended

    It sounds as if he merely made the assumption that because he sent in his payment, all was good. I assume that in most - if not all other states - you receive written notice of a cleared suspension...
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    Re: Identified As Driver Suspended

    Clearly, the officer knew you were suspended. He made contact, said he knew who you were and you were suspended. You admit the officer was correct and that you WERE suspended. HOW he knew you were...
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    Re: Identified As Driver Suspended

    In this case the OP was pumping gas and approached by the officer. No detention was necessary and all he had to do was ask if he was the R/O and his license status.

    And, how viable a detention...
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    Retail Fraud / Shoplifting: Re: Copy of Safeway's Loss Prevention Policy

    Yeah, it seems if things have changed a great deal in recent years. I have been dumbfounded at the sight of brazen thieves rolling carts and big ticket items out of doors and staff standing by...
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    Retail Fraud / Shoplifting: Re: Copy of Safeway's Loss Prevention Policy

    That's a LOT of reports! I suspect you're right, but that it's also more than just articulation, it could also be a lack of will by the store's upper management. But, I know that many businesses...
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    Retail Fraud / Shoplifting: Re: Copy of Safeway's Loss Prevention Policy

    Walked outside with unpaid groceries ... stopped to examine propane tanks outside as his girlfriend pulled the car up next to him so he could compare the tanks outside to tanks in the car ... uh huh...
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