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Thread: Please help: Need your input regarding some legal issues with police

  1. #11
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    Quote Originally Posted by kingtut
    The ticket was for exceeding the speed limit.
    I think you guys brought some real valid points regarding the police. I do agree with those points though.
    My concern was lose of business due to my customers getting tickets. Then again, if they speed or break the law in any way, shape or form, I don't want to be part of it.
    So far, I haven't lost business because of this.
    I think, I'll just have to live with it, if any one gets ticket, it is his problem.
    I find it hard to believe that he issued a speeding ticket with out seeing the offense. There are numerous reasons I believe this.

    First of all, speeding is a violation for which they can arrest you (yes, they can, wierd, I know, but they can) The officer must fill in, on the ticket, the DL #, the name, the height, weight, eye and hair color of the driver, and everything else. There is no way that information can be obtained with out the driver present. Then, the offier MUST have the ticket signed by the "offender" (that is the promise to appear in liu of being arrested) or else the officer must arrest the person if he refuses to sign the promise to appear. Next, the officer must sign the ticket affirming/swearing to the fact that he observed the violation. If he signs and did not see the offense, then he is guilty of purjury. That will be easily proven in court when the ticket is not signed by the driver, he is not arrested, and all the information on the ticket is missing.

    So, I have a feeling the ticket was issued for some sort of equipment violation.

    ODYSSEY: Just one thing, while posting "employee only" signs, and stuff like that indicates that he wants to exclude the public, he must also enforce it. And in fact, if he enforces the "employee only" policy, even with out the signs, the officers may not enter. But again, I would only mention it once to the officers. Do not hinder or attempt to stop them. Your only rememdey is in court.

    Michael
    ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

  2. #12
    Unregistered User ODYSSEY's Avatar
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    Quote Originally Posted by Wiredwrx
    ODYSSEY: Just one thing, while posting "employee only" signs, and stuff like that indicates that he wants to exclude the public, he must also enforce it. And in fact, if he enforces the "employee only" policy, even with out the signs, the officers may not enter. But again, I would only mention it once to the officers. Do not hinder or attempt to stop them. Your only rememdey is in court.
    True. He already has let me in the shop and I doubt he said anything. It would seem very odd if he told them no now. Also not letting them in will make them feel something else is happening at the shop.

    I find it odd they ticketed someone for speeding without witnessing it. That would be so easy to get the court to drop. Most officers do not waste their time writing tickets they know can easily get thrown out. In fact I saw a judge reprimand an officer for writing a ticket that wasted the court's time.

    Then, the offier MUST have the ticket signed by the "offender" (that is the promise to appear in liu of being arrested) or else the officer must arrest the person if he refuses to sign the promise to appear.
    Depends on the state. Here in NC, they just write "Copy given" and give you a copy and explain your rights.
    ODYSSEY

    Quote Originally Posted by Tidder View Post
    Hey, as long as it's not any particular race I'm offending, I can stand to be a pedophile.
    All information expressed in this post is my opinion, and should not be regarded as a statement of fact.
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  3. #13
    Banned xdjxklusivex's Avatar
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    Quote Originally Posted by Escalade182
    **** the police, seriously.
    i agree **** THA POPO

  4. #14
    Neither darque nor pervert DarquePervert's Avatar
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    Quote Originally Posted by Escalade182
    **** the police, seriously.
    Quote Originally Posted by xdjxklusivex
    i agree **** THA POPO
    No, **** you both. Seriously, the police will take a god-damned bullet for you, even with your '**** the police' attitude.

    I'd love to see you in the situation where you needed the assistance of a police officer and it was a matter of life or death. You wouldn't be saying '**** the police' then. Or how about when your precious ride gets broken into. You going to '**** the police' then?

    You want less hassle from 'the man'? Then make the effort to change the laws that 'the man' has to enforce. Write your local, state or federal lawmakers to get something done. The cops are just enforcing the laws.
    Have you looked in the FAQ yet?
    How about the Wiki?



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  5. #15
    Confusion Master
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    Quote Originally Posted by Escalade182
    **** the police, seriously.

    If I was going to **** the Police


    1. It would have to be a female one.
    2. It would be for fun only. I wouldn't want it to get serious
    3. She would have to bring her handcuffs and I would bring the trucheon/baton.

  6. #16
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    Questions:
    1- Is it OK for the cops to step into my parking lot without permission? It happened

    Yep. The lot is open to the public so you cannot refuse entry to the "lot"


    2- Is it OK for the cops to issue summon on my premises even though they acknowledge they did not see the guy and that they are acting solely on a phone call? They did give a guy a ticket on my lot


    This one is somewhat different. It would depend on the ticket. I noticed that in another post you said speeding. IF so then it should be very easy to get it thrown out of court (as speeding must be witnessed). It would also depend on the jurisdiction. Each state sets traffic laws and what not (some federal statutes are applicable but the state is primarly responsible). Here in AR it used to be easy to get a ticket thrown out if the cop was on private property (I got out of one because the cop was sitting in a church parking lot shooting radar without the church's permission). This has since been amende d so that the cop's can enforce the traffic laws anywhere. (including parking lots).

    3- Is it OK for the cubs to invite themselves into my shop, passing the show room and into the work area without permission? They did, they even promised to tow every car on the lot if I don’t tell them who was driving a particular car!


    Depends on the jurisdiction. The fact is if it is open to the general public then you have to let the general public in (including the cops). However in this case there may be a reasonable expectation of privacy (as this is your
    "office/workspace". You could be within your rights to have them get a warrant. Now if you have garages that are open then can come into the lot, view in the garage, and get a warrant based on what they see.


    4- Is it OK for the ****en cops to come to the shop merely because they are friends/family/co-workers with one of the street tenants?

    Yep. See general public post above

    Now as for them towing every vehicle on the lot. There would have to be some reason for them to do so. This was more than likely just a threat (that could not be acted upon unless they had a valid reason to do so).

    Sounds like your going through a bit of harassment and that sucks. Bottom line is that you are only going through a small amount of it and the cops can always rachet it up a bit. You can figt this and get it taken care of but you would have to get a good attorney (and good attorneys = lots of money).

    By the way this is advice and I am not an attorney (yet) so please consult one before you do anything.

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  7. #17
    Confusion Master
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    reading through the advice posted here so far I'm a little surprised by one thing (ok more than one but this one I thought I would bring up), here in the UK a proprietor of a business has the right to refuse entry to anyone they want as long as it is not of the grounds of race, sex or disability. Whereas everyone here seems to be saying just because you invite the general public onto your premises you have to let evryone on.

  8. #18
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    Quote:
    Originally Posted by Escalade182
    **** the police, seriously.

    Quote:
    Originally Posted by xdjxklusivex
    i agree **** THA POPO

    Um you two need a room together.

  9. #19
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    Quote Originally Posted by Enforcer
    reading through the advice posted here so far I'm a little surprised by one thing (ok more than one but this one I thought I would bring up), here in the UK a proprietor of a business has the right to refuse entry to anyone they want as long as it is not of the grounds of race, sex or disability. Whereas everyone here seems to be saying just because you invite the general public onto your premises you have to let evryone on.
    Somewhat true. In the US, one can not treat people differently based on race, sex, disability, and a couple of more. But that is a civil matter. Here, the question is the actions by the police, and they operate by a different set of rules then the general public.

    In the US (I am truly not sure about the UK, but it might be similar, perhaps Regina has changed her mind ) the People are granted the right to be "free from unreasonable searches and seizures" The courts in the US have explained this right to limit it to acts by the government (including and especially the police) and have explained what is "unreasonable" and "reasonable". Basically, the courts have said that is someone has a "reasonable expectation of privacy" then the area or thing can not be searched with out a warrant. And, even if there is a reasonable expectation of privacy, they can always get a warrant to search. There are also times when the government need not obtain a search warrant, called "exceptions" but there are really only 6 of them, and none of them apply here.

    So, if the owner has a "reasonable expectation of privacy" in the shop, then the cops need a warrant, however, since he allows the public into the shop, he can't have a "reasonable expectation of privacy" because he in fact invites anyone and everyone into his place of business, so it is not "private" anymore. One is not allowed to restrict access to the police, but allow the public, it is just "unreasonable".

    Michael
    ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

  10. #20
    Unregistered User ODYSSEY's Avatar
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    Quote Originally Posted by Enforcer
    reading through the advice posted here so far I'm a little surprised by one thing (ok more than one but this one I thought I would bring up), here in the UK a proprietor of a business has the right to refuse entry to anyone they want as long as it is not of the grounds of race, sex or disability. Whereas everyone here seems to be saying just because you invite the general public onto your premises you have to let evryone on.
    You forget us Americans are sue happy. If you refuse entry or service, then they are going after the business.
    ODYSSEY

    Quote Originally Posted by Tidder View Post
    Hey, as long as it's not any particular race I'm offending, I can stand to be a pedophile.
    All information expressed in this post is my opinion, and should not be regarded as a statement of fact.
    Digital-Car UK|

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    (='.'=)
    (")_(")

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