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  1. Slander: Re: Quote-Mining Social Media and a Serious Breach of Trust

    Cartoonist,

    I am a conservative, Republican, Christian, and member of an evangelical denomination. I have occasionally been called all manner of derogatory names on forums of all sorts. There...
  2. Speeding Tickets: Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    So ... you did NOT come up from behind him?


    So, you DID speed up to 55 in a 45? It doesn't matter that he had a truck in front of him, what matters was what he estimated and clocked your speed...
  3. Speeding Tickets: Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    It looks as if you approached the trooper from the rear and caught up to him. If so, then the rear antenna was appropriate.

    The officer's added commentary does not change the underlying offense. ...
  4. Lights, Signs and Traffic Controls: Re: Moving Violation Tied to Driver's License or Registration

    The address of a CITATION should go to the address on your driver's license if he or she could be identified. If the personnel and the officer managing the red light camera could not identify the...
  5. Thread: How Valid

    by cdwjava
    Replies
    28
    Views
    1,084

    Re: How Valid

    If they receive a private person's arrest, they will have to. They would have to justify why they did NOT accept the arrest as required under the law, or, they will write the report to forward to...
  6. Thread: How Valid

    by cdwjava
    Replies
    28
    Views
    1,084

    Re: How Valid

    What the law says and what policy or practice might be are different animals. All because the DA won't file does not mean the police cannot write a report and submit it. In fact, if they receive a...
  7. Thread: How Valid

    by cdwjava
    Replies
    28
    Views
    1,084

    Re: How Valid

    That is only MOSTLY true. The citation can also be issued based "upon information and belief" just as a misdemeanor cite can be. But, this will most often require a private person's arrest. A...
  8. Thread: How Valid

    by cdwjava
    Replies
    28
    Views
    1,084

    Re: How Valid

    <sigh> I didn't make up PC 837. A private person can make an arrest for any public offense that he or she sees. The definition of a "public offense" includes infractions, misdemeanors and felonies...
  9. Thread: How Valid

    by cdwjava
    Replies
    28
    Views
    1,084

    Re: How Valid

    In CA, an infraction is a public offense - a crime, and CAN be pursued by the DA. I don't personally know of any that are pursued, but, they can be. The San Diego County DA actually produced a memo...
  10. Thread: How Valid

    by cdwjava
    Replies
    28
    Views
    1,084

    Re: How Valid

    Yes, the witness statement and video COULD be used to prosecute you. However, the odds of anyone taking the time to contact the police and present them with the video is about nil.

    And, to...
  11. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    Okay ... then every officer I know would not have a problem with this question. I am sure there are a few that would not, but I don't know them and haven't been present to see such an attitude. ...
  12. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    I don't have a problem with someone asking.


    Most conversations between people occur that way - even when they involve cops. Connor99 stated that the police "often" detain people they do not...
  13. Determination of Fault: Re: Auto Accident Happened on Center Turn Lane Only

    Or, your experience was an anomaly, or there were things occuring that you did not understand. I strongly suspect I have been involved in waaaaaaay more court cases than you have. But, it also...
  14. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    I suppose. If you are not detained, you can walk away. Most people do not, but some do. I have no problem with being asked. I may keep it simple and say, "Yes, you're detained. Now, sit down,"...
  15. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    Yep! That would have been a clue.
  16. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    Correct, no reason for a detention must be provided - even a traffic stop.

    Although, even in the academy officers are taught to explain the reason for the stop upon contact with the driver. ...
  17. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    People make personnel complaints for a host of reasons, including bogus ones. Heck, we get personnel complaints even when everything is above board and lawful. (It used to be that it was a crime to...
  18. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    Not in my state, no. The officer is under no legal obligation to advise the person why they were detained. That is not to say the officer SHOULD NOT explain it, only that they are not legally...
  19. Determination of Fault: Re: Auto Accident Happened on Center Turn Lane Only

    The report is NOT evidence. While it might be "influential" or even "important", it is not evidence.


    In nearly 30 years, I have never once seen a REPORT submitted as EVIDENCE. I have seen...
  20. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    While there may be some state that requires it, in California the police are NOT legally required to inform you why you are being detained. He may answer the question as to why, he may not.
    ...
  21. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    If he TELLS you to come to him, that is a good indication that you are being detained. if you choose to ride off, he MIGHT let you go, or, he might come and get you and then you could be under...
  22. Determination of Fault: Re: Auto Accident Happened on Center Turn Lane Only

    It is not useless nor meaningless. But, it is also NOT any form of direct evidence. Uses do exist.


    Even then, the report would be useless as direct evidence. I don't know what "quashing" it...
  23. Sentencing: Re: Can Federal Govt Levy Charges on This Person

    The feds do not typically intervene in matters that are also criminal for the state. Unless this man's activities crossed into the realm of civil rights violations,committing crimes across state...
  24. Determination of Fault: Re: Auto Accident Happened on Center Turn Lane Only

    Regarding police reports of traffic collisions. By and large they are produced for two reasons: Statistical data, and to capture information for the parties and their insurance companies. Yes, they...
  25. Domestic Violence: Re: Bpd Dropped Ex's Charges and Didn't Aware Me, when He Have Been Charged

    Part of the problem with late reported injuries is that they lose much - if not ALL - of their evidentiary value. If you declined an ambulance that night and then waited two days, that potentially...
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