Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violation

[inspectit4u]

My question involves a traffic ticket from the state of California During the super bloom in Riverside the streets were closed down because of the crowds. After sitting in traffic for 2 1/2 hrs and being less than a mile from my house I asked a woman behind the barricades to please have an officer come over and talk to me. She told me no and walked away. I shut off my truck and again asked her to please have an officer come over and talk to me. I was told no and to move my truck again. I sat there for maybe 5 mins. and then left. Approx. 35 minutes later to officers on bikes come up and literally rip my 62 yr old passenger and myself out of the truck. I was told that the lady said I told her I would be back in 5 mins. which is not true. I'm 54 yrs old and have had 8 back surgeries and have congestive heart failure. My plates on my truck are disabled plates. After having a taser stuck in my face I told him please do not taser me I have a Diffibulator/Pacemaker.
He told me good these things work great on them. Must the women who made the accusation be present at my hearing? Can I be given a ticket by a cop who was not even present or any other officer when this alleged violation occurred?

[flyingron]

First off, lets clear some irrelevant misconceptions. Some pedestrian on the street has no obligation to run errands for you. Disabled plates do not mean you can abandon your vehicle in a traffic lane. Officer misconduct nearly never has any bearing on your guilt.

If you made statements like the above to the officer, then the officer can indeed relay them in court and you will likely lose.
If the officer is relying solely on statements made by "the lady" then indeed that is inadmissible in court, and unless they subpoenaed her as a witness (unlikely) you should prevail.
If you felt the officer's conduct was improper, you can make a complaint with his department. This is independent of your ticket.

[Jim Kozlovich]

Must the women who made the accusation be present at my hearing? Can I be given a ticket by a cop who was not even present or any other officer when this alleged violation occurred?

Yes to both questions. Penal code 837 provides for citizens to "arrest another". Technically, in your case, it is the "woman" who is making the arrest; the officer is simply "taking you into custody". Although the Penal Code provide for citizens to arrest another it is rarely done because of possible legal consequences.

Again, yes the "woman" will have to be present and testify at your trial because she is the one who witnessed the alleged offense.

What was the code section you were cited for violating?

[jk]

Yes to both questions. Penal code 837 provides for citizens to "arrest another". Technically, in your case, it is the "woman" who is making the arrest; the officer is simply "taking you into custody". Although the Penal Code provide for citizens to arrest another it is rarely done because of possible legal consequences.

Again, yes the "woman" will have to be present and testify at your trial because she is the one who witnessed the alleged offense.

What was the code section you were cited for violating?

That is only if the arrest was made at the request of the probate citizen. For all we know the cops made the arrest on their own observations



im trying to figure out how the officers ripped the op and passenger from the truck when in the sentence immediately prior to describing that act, the op had “left”


op also makes a statement that “the woman” had directed the op to move their truck. Op claims to have been stuck in traffic for 2 1/2 hours so I’m not understanding who was directing op to move their truck and of they were stuck in traffic, how were they supposed to move their truck and to where.

Given the recitation is a chain of non sequiturs, I don’t see how any conclusion can be made regarding the situation.

[cdwjava]

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 the normal and reasonable movement of traffic unless the reduced speed is necessary for safe operation, because of a grade, or in compliance with law.

No person shall bring a vehicle to a complete stop upon a highway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.

If you were stopped AT a barricade, I'm not sure impeding would be the right section to have cited, if that was, indeed, the section used. But, maybe ...

From the sound of it, the person you tried you speak with was an employee or volunteer with the police department or organization involved in the event blocking the road, correct? Understand that they are under no obligation to have an officer come speak with you. Were you trying to have an officer assist in turning you around or letting you pass through the barricade? If not, what was it you wanted to speak with an officer about?

As to the officer's conduct, as was previously mentioned by flyingron, the officer's conduct is a matter separate from the issue of the citation. If what you say happened is entirely true, it would seem quite egregious and unnecessary and almost certainly a violation of policy. You can begin by making a personnel complaint to the agency involved.

[latigo]

blah, blah, blah .. .. . . . Can I be given a ticket by a cop who was not even present or any other officer when this alleged violation occurred?

Are you really so naïve as to suggest that a person can't be cited for a traffic violation (or for that matter charged with any criminal act) unless the officer issuing the citation or making the arrest can bear witness to the alleged violation of law? Geez! What an inane question.

[PTPD22]

Ummm....Actually, it is not an "inane" question at all. In California, LEO can only arrest for a misdemeanor or infraction that occurred "in the officer's presence." There are some statutory exceptions. But, generally, if the officer was not present during the violation, they must have a citizen who WAS present be willing to be the complainant. That person is technically the one making the arrest and the officer is acting on their behalf in handling the administrative activities involved. That person must also come to court and testify, if it gets to that point. I believe most (if not all) states have similar statutory restrictions on when a law enforcement officer can take action on misdemeanors or infractions. For example, here in Washington, RCW 10.31.100 says police can only arrest for misdemeanors that occurred in their presence, but provides a list of specific exceptions where an officer can arrest on probable cause - impeding traffic is not on that list of exceptions. An officer can take someone into custody for an offence that occurred in ANOTHER officer's presence, but both officers would then need to testify if needed.

[RJR]

An officer can take someone into custody for an offence that occurred in ANOTHER officer's presence, but both officers would then need to testify if needed.

That's the "Collective knowledge doctrine" or the "Fellow officer" rule.

Also, issuing a Citation is NOT an arrest as the OP was not arrested, just cited.

[cdwjava]

Ummm....Actually, it is not an "inane" question at all. In California, LEO can only arrest for a misdemeanor or infraction that occurred "in the officer's presence." There are some statutory exceptions. But, generally, if the officer was not present during the violation, they must have a citizen who WAS present be willing to be the complainant. That person is technically the one making the arrest and the officer is acting on their behalf in handling the administrative activities involved. That person must also come to court and testify, if it gets to that point. I believe most (if not all) states have similar statutory restrictions on when a law enforcement officer can take action on misdemeanors or infractions. For example, here in Washington, RCW 10.31.100 says police can only arrest for misdemeanors that occurred in their presence, but provides a list of specific exceptions where an officer can arrest on probable cause - impeding traffic is not on that list of exceptions. An officer can take someone into custody for an offence that occurred in ANOTHER officer's presence, but both officers would then need to testify if needed.

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 infractions ... provided that's what happened. I suspect that the police either came across the scene on their own or were called, observed the violation, and cited accordingly. They may have been called to the scene by someone who spun a different tale, but, this sort of citation implies that they observed it. Though, I am still curious as to how being stopped at a barricade might be "impeding" per VC 22400. I'd still like to know the actual code section cited, and perhaps a sketch of the scene.

[Jim Kozlovich]

Also, issuing a Citation is NOT an arrest as the OP was not arrested, just cited.

Technically that is true. The citation (Notice to Appear) is simply a document the arrestee may sign in order to be released from custody. Vehicle Code DIVISION 17, ARTICLE 2 is titled Release Upon Promise to Appear; If the person is not under arrest and in custody, what are they being released from?

VC 40302 "Whenever any person is arrested for any violation of this code…the arrested person shall be taken without unnecessary delay before a magistrate…in any of the following cases:
(b) When the person arrested refuses to give his or her written promise to appear in court."

40500(a) "Whenever a person is arrested for any violation of this code not declared to be a felony, or for a violation of an ordinance of a city or county relating to traffic offenses and he or she is not immediately taken before a magistrate, as provided in this chapter, the arresting officer shall prepare in triplicate a written notice to appear in court…"
PC 853.5(a) "Except as otherwise provided by law, in any case in which a person is arrested for an offense declared to be an infraction, the person may be released according to the procedures set forth by this chapter for the release of persons arrested for an offense declared to be a misdemeanor."

A Notice to Appear is ONLY issued to persons under arrest.