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  1. Other Injuries: Re: Charged with Trespass (Warning) at Club Warehouse, Banned for 1 Year Question

    Keep in mind that you may not get all that information you are seeking. Even the report might be considered an investigative file and not subject to release. It will depend on the nature of the...
  2. Speeding Tickets: Re: Radar Speed States Using Rear Antenna, but I Was in Front of Him

    In WA state the report and details are standard practice. The officer only testifies if the defendant actually subpoenas them, otherwise the evidence is the report which can be provided to the...
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    Speeding Tickets: Re: Speeding Ticket in a Three Cars Accident

    A necessity defense (breaking the law to avoid a collision) would not eliminate the cause of the collision, it would simply provide a potential defense if criminally charged. The driver might still...
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    Re: Difference Between Pat Down and Search

    Assuming for a moment that the officer jumped the gun and conducted a pat-down absent sufficient cause. What then? What would you like to see happen to him? Typically, this would be a training...
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    Speeding Tickets: Re: Speeding Ticket in a Three Cars Accident

    So not true. The officer can testify as to his observations and conclusions just as any other expert witness. Officers do it all the time, every day. Their testimony can be granted whatever weight...
  6. Re: Vandalism the Hard-To-Remove Parking Violation Stickers

    Hmmm ... very well could be!
  7. Re: Vandalism the Hard-To-Remove Parking Violation Stickers

    It might be. It might not.

    WHO placed the sticker on your car? Was it placed on the window? if not, then where?
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    Speeding Tickets: Re: Speeding Ticket in a Three Cars Accident

    Because, arguably, his unsafe speed for conditions necessitated the swerve into the neighboring lane.


    Because some of those are not generally considered the cause of collisions. Reckless...
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    Speeding Tickets: Re: Speeding Ticket in a Three Cars Accident

    When we talk about an unsafe speed, it is not necessarily that you drove above the speed limit, but that your speed was too high for the conditions present at the time. It would seem that in the...
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    Re: Difference Between Pat Down and Search

    A "pat down" IS a "search" as it applies to the 4th Amendment. It requires the presence of articulable cause that a person could be armed and is for the limited purpose of the officer's safety. The...
  11. 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...
  12. 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...
  13. 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. ...
  14. 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...
  15. Thread: How Valid

    by cdwjava
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    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...
  16. Thread: How Valid

    by cdwjava
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    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...
  17. Thread: How Valid

    by cdwjava
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    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...
  18. Thread: How Valid

    by cdwjava
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    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...
  19. Thread: How Valid

    by cdwjava
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    1,278

    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...
  20. Thread: How Valid

    by cdwjava
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    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...
  21. 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. ...
  22. 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...
  23. 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...
  24. 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,"...
  25. Police Conduct: Re: Do I Have to Sit on the Ground when Told by an Officer

    Yep! That would have been a clue.
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