Page 1 of 6 1 2 3 ... LastLast
Results 1 to 10 of 54
  1. #1

    Question False Arrest for Standing in a Median

    My question involves civil rights in the State of: CO

    Hey guys. Quick question. Should be pretty easy. I just wanted to confirm if this is an obvious infringement on my fourth amendment rights or not, and if the police are liable in a 42 USC court for not having arguable probable cause.

    Location in question is the 29th Street Mall private drives in Boulder, CO.

    Quote Quoting Municipal ordinance in question is Boulder Municipal Code 5-6-16:
    5-6-16. - Staying on Medians Prohibited.

    (a) No person shall stand or be upon a median of any street for longer than is reasonably
    necessary to cross the street.

    (b) For the purposes of this section, median means:

    (1) The area of a street, generally in the middle, which separates traffic traveling in
    one direction from traffic traveling in another direction, or which, at intersections,
    separates traffic turning left from traffic proceeding straight. Such an area is
    physically defined by curbing, landscaping, or other physical obstacles to the
    area's use by motor vehicles, or by traffic control markings which prohibit use of a
    portion of the pavement of a street by motor vehicles other than to drive
    generally perpendicularly across the markings, or to wait there awaiting the
    opportunity to cross or merge with the opposing lanes of traffic (also known as
    painted medians, which are wider than a double yellow line); or

    (2) The area of a street at an intersection between the streets and a right turn only
    lane, roughly triangular in shape, and separated from the motor vehicular traffic
    lanes by curbing, landscaping, or other physical obstacles to the area's use by
    motor vehicles (also known as a right turn island).

    (c) This section does not apply to medians which are thirty or more feet wide, to the
    medians on Mapleton Avenue between Fourth Street and Ninth Street, or to persons
    maintaining or working on the median for the government which owns the underlying
    right of way or for a public utility.

    Ordinance No. 7965 (2014)
    And so, this led me to look up the definition of "street" -- which can be found in their Municipal Code Section 7-7-1:

    Street means the entire width between the property boundary lines of every way
    publicly maintained when any part thereof is open to the use of the public for purposes of
    vehicular travel and includes, without limitation, alleys or the entire width of every way
    declared to be a public highway by any law.
    So... the private drives of the 29th Street Mall are all obviously private property, and the parcels when looked up in Boulder's city and county maps reflect that there are definitely no "property boundary lines" to which they exist between -- because obviously they, and the whole area of the mall, is undisputed private property. These are not public streets in any way, shape, or form.

    The police officers told me I was "standing in a median less than 30 feet wide." When I got to municipal court, they dropped the charges instantly, saying in their motion to dismiss that they were "unable to establish each and every element beyond a reasonable doubt."

    A clear and obvious violation of my fourth amendment rights because the officer didn't even have his definitions correct? Or can he claim "I thought he was on a median!" even though he clearly thought wrong that I was on a public street.

    PS- I pointed to the "private street, no city maintenance" signs right behind me, of which he ignored and pretended didn't exist. Actually, when asked, his supervisor said the private drive I was on was still "maintained by the city for the purposes of enforcing said municipal code."

    I say hogwash. What do you guys say?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: False Arrested for Standing in a Median

    I say hogwash. What do you guys say?
    I say you are either baiting the cops trying to create a cause of action against them but aren’t smart enough to know how; just a jerk that likes pulling the cops chains, even if it means you go to jail; or you’re a troll. I’m betting on the last one personally.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,129

    Default Re: False Arrested for Standing in a Median

    Quote Quoting zoinbergs
    View Post
    What do you guys say?
    I say hogwash to your entire post.

    The officer did nothing wrong.

    You write like one of those "I got rights" trolls from the lunatic fringe.

    What are you going to do next? Walk down the street carrying an assault rifle?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,073

    Default Re: False Arrested for Standing in a Median

    There are days when I sorely miss the BanHammer of Tender Enlightenment.

  5. #5

    Default Re: False Arrested for Standing in a Median

    Quote Quoting jk
    View Post
    I say you are either baiting the cops trying to create a cause of action against them but aren’t smart enough to know how; just a jerk that likes pulling the cops chains, even if it means you go to jail; or you’re a troll. I’m betting on the last one personally.
    Wow, you guys jumped RIGHT to defamation, just like everybody else I have presented this issue to. Have you guy NO APPARENT CAPACITY to handle that cops might *actually* be committing homeless hate crimes, without a shred of arguable probable cause, right underneath your noses? You're sales-manning that we live in a perfect world, and that your cops *couldn't possibly* be this stupid, is astounding.

    But let's be very serious here. When you say "bait" how on earth can you intellectually honestly shift such a burden onto me, from the cops? As if the cops aren't supposed to know THE MOST BASIC, AND I MEAN BASIC DEFINITIONS OF THEIR MUNICIPAL CODE LAW BOOK. Ever heard of the "governing law" to which they are supposed to be upholding? Have you no capacity to hold the police TO ANY FIRE WHATSOEVER, AT ALL, PERIOD? You just gonna go around letting them kidnap homeless people off of private drives without so much as A BLINK of an eye? How do you define that I am "pulling the cops chains" when all I did was stand on a private drive -- which I have every right to do by the way, which in case you're wondering I just so happen to have a different, previous cop already tel me on a prior occasion was perfectly alright to stand on. Are you seriously advocating that this is NOT a drop dead serious situation, just because it's "too good to be true" for your little brain to handle? You think you can just rationalize away what is likely FELONIES committed by your very own police, actual kidnapping and false imprisonment charges, because you think I'm some sort of troll? Do you seriously think you can intellectually honestly throw out THE WHOLE CASE, and not have a serious conversation with me on it, just because you think I'm not being, genuine?

    GROW UP AND TRY ON THE THOUGHT that I may have just so happened to have come across a super racist cop that would *actually* be so stupid as to not know ANYTHING about ANYTHING. And now you're going to throw around the idea that just because you evidently emotionally cannot handle such a concept, that instead those little atoms in your brain can safely shift to claiming the whole situation must be illegitimate, and that I just *must* be troll, a lawsuit scammer, etc. etc. etc. SWALLOW YOUR IMAGE PROBLEM AND DEAL WITH IT.

    I'm sorry, but it is just impossible to "pull the cops chains" when THE SIGN CLEARLY SAID IT WAS A PRIVATE DRIVE. And the definition of a STREET does not include a private drive. And in the municipal code he issued me a ticket on, it said MEDIANS on STREETS.

    Actually, if you want to know the truth, he came out blairing that I was "panhandling in the roadway" and even admitted that he hadn't looked up the statute yet of what he would be citing me on.

    Even more disturbing is that THIS EXACT IDENTICAL BEHAVIOR, that cops think there is some sort of universal "no panhandling" code out there that they can use to pick up homeless people on, willy nilly, HAS BEEN OBSERVED BY ME IN SIX OTHER JURISDICTIONS TO DATE. Guess what they all said? That I was "panhandling on a public road" -- when I was ON A GODDAMN PRIVATE DRIIIIIIIVE!!!!!!!

    You don't think homeless hate crimes could exist so easily? THINK AGAIN.

    Anyways, back to the serious, genuine conversation that I believe needs to happen on this subject. Is this a clear violation of my fourth amendment rights, and do the cops lack arguable probable cause, or no? Because as far as I can tell, an officer needs to have cause / evidence / facts / information / whatever you want to call it on each element of a charge, and in this / these scenarios, it is painfully obvious that THE ELEMENT OF A STREET was lacking entirely.

    Otherwise, could you please describe which specific "property boundary lines" to which I was picked up between?

    Quote Quoting adjusterjack
    View Post
    I say hogwash to your entire post.

    The officer did nothing wrong.

    You write like one of those "I got rights" trolls from the lunatic fringe.

    What are you going to do next? Walk down the street carrying an assault rifle?
    Oh man, are you serious? Are you seriously advocating that the officer did NOTHING wrong? What are elements? What are definitions? I guess police officers now have the right to not know A SHRED of law, and can indefinitely enjoy complete, unadulterated, unchallengeable, never-can-be-wrong, nobody can ever hold them to ANY fire, "probable cause"?

    I'm sorry, but the "bar" of probable cause cannot be AT THE FLOOR.

    Again, I come here asking for honest, genuine input / help / confirmation / dialogue / whatever you want to call it. To talk law with people. AND IT APPEARS THAT NOBODY CAN EMOTIONALLY HANDLE THIS CONVERSATION WITH ME. GROW UP GUYS. YOU'RE COPS MAY BE KIDNAPPING HOMELESS PEOPLE WITHOUT ANY CONSEQUENCES WHATSOEVER.

    GO AHEAD. THROW OUT AN ENTIRELY LEGITIMATE SET OF CASES BECAUSE YOU THINK I SHOULDN'T BE OUT THERE / I'M BAITING THEM / I'M PULLING THEIR CHAINS / I'M A TROLL / I'M A LAWSUIT SCAMMER / FILL IN WHATEVER DEFAMATION YOU'D LIKE AGAINST ME / ETC. ETC. ETC.

  6. #6
    Join Date
    Mar 2013
    Posts
    17,129

    Default Re: False Arrested for Standing in a Median

    Quote Quoting zoinbergs
    View Post


    Wow, you guys jumped RIGHT to defamation, just like everybody else I have presented this issue to.
    Duh.

    That should speak volumes to you.

  7. #7

    Default Re: False Arrested for Standing in a Median

    Quote Quoting adjusterjack
    View Post
    Duh.

    That should speak volumes to you.
    Excuse me? Do I not present legitimate legal arguments? CUT THE CRAP. DROP THE DEFAMATION. This type of denialist behavior does speak volumes to me. It tells me that YOU GUYS ARE INCAPABLE OF ACCEPTING FACTS PRESENTED TO YOUR FACES. And so you'd rather defame me so that you don't have to have a REAL conversation on the subject?

    DENIALISM (ACCORDING TO WIKIPEDIA):

    In the psychology of human behavior, denialism is a person's choice to deny reality, as a way to avoid a psychologically uncomfortable truth. Denialism is an essentially irrational action that withholds the validation of a historical experience or event, by the person refusing to accept an empirically verifiable reality. In the sciences, denialism is the rejection of basic facts and concepts that are undisputed, well-supported parts of the scientific consensus on a subject, in favor of radical and controversial ideas.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: False Arrested for Standing in a Median

    Troll on dude, troll on. Your time here is waning. You’ll not be missed.

  9. #9

    Default Re: False Arrested for Standing in a Median

    Quote Quoting jk
    View Post
    Troll on dude, troll on. Your time here is waning. You’ll not be missed.
    Oh hey, what's up jk! Still having trouble denying basic fact it looks like? Go ahead and toss whatever COMPLETELY LEGITIMATE LEGAL ARGUMENTS I HAVE, right out the window, just because you can't handle a couple of basic tenants, all because you think I'm some sort of troll. Please, do me a favor, and if you don't have anything constructive to add to my conversations, please leave your personal opinions / sales-manning / obvious denial of fact / useless comments out of them. I'm trying to have a productive conversation with the public here, and your attempted defamation to shift the argument paradigm down that of me being a troll, just so YOU don't have to ACCEPT BASIC REALITY, is not helping. You're clogging legitimate channels of communication with pure hoopla, and it needs to stop.

    Also, without you actually explaining to me precisely what I am doing that is so worthy of being called "trolling," - without so much as a single legitimate response to my inquiries - how about you lay a foundation or a definition or something tangible to start working with for what a real troll is, so that we can finally argue down the correct paradigm? Because if not, it looks like you have nothing real to offer otherwise, and that you are trapped in a state of denial that nobody but you will ever get yourself out of, and that all you have left to cope with your emotional incapacities is the effective attempted throwing of your feces at me.

    CUT THE CRAP. DROP THE DEFAMATION. I don't want yet another thread to illegitimately close whereby I get framed with throwing around all the insults, when it is you guys doing the damage, when it is I who am trying to have a productive conversation with people (other than you) on what I consider to be serious, legitimate topics.


    -------------------------------------------------------------------------------------------------------------


    INTERNET TROLL (ACCORDING TO WIKIPEDIA):

    In Internet slang, a troll (/ˈtroʊl/, /ˈtrɒl/) is a person who sows discord on the Internet by starting quarrels or upsetting people, by posting inflammatory, extraneous, or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the intent of provoking readers into an emotional response or of otherwise disrupting normal, on-topic discussion, often for the troll's amusement.

    Hah! It looks like YOU are the troll, jk! Oh, the irony.

  10. #10

    Default Re: False Arrested for Standing in a Median

    Please go away, preferably to a mental healthcare provider.

    1. Sponsored Links
       

Page 1 of 6 1 2 3 ... LastLast

Similar Threads

  1. Assault & Battery: False Arrest and False Charges
    By JDiaz9861 in forum Criminal Charges
    Replies: 3
    Last Post: 03-18-2010, 01:39 PM
  2. Assault & Battery: False Arrest
    By VAEngineer in forum Criminal Charges
    Replies: 3
    Last Post: 03-11-2010, 11:15 AM
  3. Police Conduct: False Arrest
    By NCC 1701 in forum Police Investigations
    Replies: 4
    Last Post: 03-01-2010, 09:37 AM
  4. Jail: False Imprisonment, False Arrest
    By shiznit in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 06-28-2009, 02:49 PM
  5. Arrest Procedure: False Arrest
    By Spraynard in forum Criminal Procedure
    Replies: 1
    Last Post: 02-03-2009, 09:08 AM
 
 
Sponsored Links

Legal Help, Information and Resources