Re: Ask A Police Officer
 

It Don't Matter Any Way If U Don't "street Race" And If U Do The Speed Limit U Should Be Fine Right. :concernedhttp://img.photobucket.com/albums/v4.../1pimpslap.gif

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§ 18.2-280. Willfully discharging firearms in public places.

A. If any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another person, he shall be guilty of a Class 6 felony. If such conduct does not result in bodily injury to another person, he shall be guilty of a Class 1 misdemeanor.

B. If any person willfully discharges or causes to be discharged any firearm upon the buildings and grounds of any public, private or religious elementary, middle or high school, he shall be guilty of a Class 4 felony, unless he is engaged in a program or curriculum sponsored by or conducted with permission of a public, private or religious school.

C. If any person willfully discharges or causes to be discharged any firearm upon any public property within 1,000 feet of the property line of any public, private or religious elementary, middle or high school property he shall be guilty of a Class 4 felony, unless he is engaged in lawful hunting.

D. This section shall not apply to any law-enforcement officer in the performance of his official duties nor to any other person whose said willful act is otherwise justifiable or excusable at law in the protection of his life or property, or is otherwise specifically authorized by law.

E. Nothing in this statute shall preclude the Commonwealth from electing to prosecute under any other applicable provision of law instead of this section.


Virginia has no law on deadly force, per se. Instead Virginia covers deadly force with case law and common law. Basically a person may stand his ground as long as he was not a part of the initial confrontation. If he was part of the initial confrontation, then he must retreat as far as possible and announce his intentions to leave the confrontation before he can use deadly force to defend himself.

An innocent third party can also be defended with deadly force.
Deadly force can only be used against deadly force, where the victim could be killed or greviously injured.

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I strongly disagree....I might give a warning shot....But if my intent is to shoot him....I am shooting to kill....I am not going to be sued (and lose) by a guy who I crippled because he wanted come at me with a knife or (recent news) is beating a homeless guy to death w/ a bat.

:mrt:

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Sounds like utah law is a lot like cali law. I might fit in well down there.

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Yes, you would! Have you spoken to Sgt. Miloszcar yet?

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Crap I knew I had to do something. I had to work a double that night then I totally spaced it. My bad. I will call and talk with her tomorrow. Thanks for the hook up.

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Hey I found the number I saved it on the computer. I will give her a call. I just need to print it off and give her a call. Might try out for NHP or Las Vegas police department. I think that would be fun. Lets just say that the mach will be getting some miles put on it for interviews.

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Why do some of the officers issue tickets that they know will not stand up in court. And the "perp" was not being a jerk. And why would you not (as an officer) really study the laws in your area? This comes from both personal, and a friends experience. Seems like you would want to know details before wasting your time and the perps?

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I have a huge amount of respect for law enforcement. Any job where the pay is horrible and you can shot at just by pulling someone over..... That's a job I couldn't do. So thanks to all of the officers that their job daily.

I have a bunch of questions:

1) Some time ago I was a passenger in a car when we got pulled over. The person driving was an 19 year old woman. (She was smoking hot really.) She got pulled over for failing to stop at a stop sign. Much my amazement, she pulled over into the center of an empty parking lot, didn't roll down her windows, didn't put her car in park, and didn't even turn the engine off. I was always taught to pull the car over into a position where it's unlikely you'll be able to take off, to turn you car off AND put your cars on the dashboard. If you find someone who does all of these things, do you cut them some slack?

2) In the same incident mentioned above, we were following another car who also failed to run a stop sign. He was a twenty-five year old male. He was driving alone and the police officer asked him if he had any weapons. He replied that he did, all unloaded, all in the trunk. Within minutes there was a dozen police cars. They went through every gun - dozens of them, including sub machine guns - that were all legal and licenensed. Why did the cops come in bulk? It was like a gun show.

3) How many tickets vs warnings do cops write in one day.

Thanks guys!

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Rick, I dunno what to say dude. You have to give me a specific situation for me to respond. This sounds too rhetorical. Sorry....no red lego please!

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Rich:

Yes, we do cut some slack (in a lot of cases, but it is officer discretion) for someone doing all those things. It shows they care for our safety, and we appreciate it.

As for the "gun showq," yeah, every cop loves a good gun! If one of my officers found a cache of (legal or illegal) weapons in a trunk, I'd wanna go see, too, if I wasn't busy at the moment. I bet your friend wasn't cited, was he? Especially if he let the officers play with the toys.

There are many days where we go without writing one cite, and others where we write 10. It all depends on a lot of circumstances. Some older officers go for weeks without writing a cite at all. Again, officer discretion.

Thanks for the questions!

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This has the potential of being a funny thread.

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Ish, only you would say that....

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You have no idea what kind of questions I am thinking about.http://i2.photobucket.com/albums/y32...ys/devious.gif

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Can Cops Go Over The Posted Speed Limit When Ever They Want?

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:agree:

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Sounds like a personal interpretation of a situation that we are not aware of. In other words it sounds to me that you have an opinion of a prior situation (probably something that happened to you and you ended up being found "not guilty" or the charge was "dismissed'. This doesn't mean you didn't do what you were charged with it just means it couldn't be proved beyond a reasonable doubt in a criminal or traffic court.

Never the less I will try to respond.

I personally applied the standard thusly: If I make a charge on a TOAD and I have to present evidence...how will I look to the judge?

If the evidence in a case made me look like a rookie, or that I had taken the offense personally, then i just let it pass. No matter how the ...as you so eloquently put it...perp... acted on the stop.

Bottom line it doesen't matter what law somebody broke...it's what you are able to prove.... so in response to your question.... unless the police officer you are referring to is just an idiot.... then he/she would not place a charge, unless they felt with some degree of certainty, that they could prove the charge.

No officer would knowingly issue a summons that they thought ( or knew) was going to be dismissed in court. Whether or not someone is being a jerk only applies when someone might have gotten a break but they got the ticket due to attitude. Example being if you are stopped for reckless driving (doing a burnout in a public area endangering life, limb, or property) and the officer stops you to see what the problem is. He/She might let the situation slide unless you decide to start calling them "pig" or maybe your bumper sticker reads" bad cop, no doughnut". In this scenario you will probably get the ticket. You might think he/she can't prove it but I can assure you he/she thinks they can. But if an officer can't prove the charge....whether or not the violater... cooperated... then the charge will not be placed. Nobody wants to look like an a$$ in front of the judge. It's just not worth it.

If the officer can't prove the charge in front of the judge then he loses credibility. An officer can not be effective in front of a judge where he/she has no credibility.

I can assure of one thing though...if an officer places a charge he/she does not consider it a waste of time for anyone since they are probably on their day off or on overtime for the court appearance.

Also it is a requirement for all officers to attend ongoing training sessions pertaining to current and changing traffic and criminal statutes. It's not up to an individual officer to stay current...at least where I work. I assume it's the same for all departments. In other words officers don't have to personally study the laws...it is a requirement of their job.



I hope this answers your question but I have a feeling it probably won't.

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No red, I am just wondering why you get pulled over for something that, in my area anyway, is not against the codes. It was something that they did not like, but there was nothing wrong. In fact before I put them on (tinted license plate covers), I went to the UHP, as they govern the motor vehicle inspections in the state. They said they were fine, and met the law. The officer I talked to (this was at the headquartes for the state inspectionoffice) had them on his personal car. Anyway, the local cops pull me over, and issue a citation, to the wrong statute (sorry, my dad graduated from the UofU law school), as i had the UHP give me all of the codes that it may appear. I take it to court, even though it was a "fix it" ticket, and the judge goea as far as looking at my car with them on. It was great, you could see my plate better than the cruiser sitting next to the mach. We went back in, and the judge ruled in my favor, and instructed the officer that this was not a violation. Two days later, he pulls me over, and writes the same ticket again. And out on the freeway, a local UHP pulls me over and gives me a ticket as well. Two in like ten minutes. Anyway, there is no code on the books that ban these here, and specifically in the state inspection ,anual, it says..not verbatum, but if license plate have tinted covers, plates must be visable from 100 ft in daylight. So, I go back to court, and the judge is, well not happy anyway, dismisses the tickets, and behind the door, said my mach was cool, and it looked really good with those on. Long story short haha, my Escape that is DSG, has smoke tinted covers, and has since I bought it new, has never been pulled over, and I can say, they are pretty dark. Maybe they just like the mach, but I would show them the car without being pulled over.

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Wow this thread has taken off. I think it is cool we have keep right to the basics. You know what else you can do when you get pulled over. Roll the windows down, turn on the light and shut the car off.

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Didn't know what else to call it, and see my above post. No moving violation, and if I need to, I can post the laws/inspection requirements.
Thanks, I was not really bagging on them, it just seems some do not take the time to care, i guess what the laws says, or means, if that is really possible to know.

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Is it hard to plant evidence?
O.J. wasn't really innocent...was he?
How much can a cop make on kickbacks alone?
;)

JK!
I only say this because I have met both Dave & Jason (Streakn) and I consider them friends. I have nothing but total repect for LEOs & IMO, Policemen get too much crap and not enough props from everday people.

Thanks to IMachU, Streakn, and all LEOs for all the sacrafices they have to make in order for everyone to have a better life. :THUMBSUP:

BTW, This really should become a seperate Forum. I hope you are listening 03Mach1. :yeh:

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Thanks, Ismael!! We really appreciate that...you have no idea how little we hear stuff like this.

And yes, I'd like to see this it's own forum if it takes hold.

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My dad's best friend from the old days worked on the LAPD, he retired a few years ago, as a captain I think. His first job was during Watts riots, not the best for a guy from a town of about 300, to walk into that scene.
And a side note imachu posted his 3000 woo hoo!

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I guess you will need a local officer to respond to your question.

Around here we have what is commonly referred to as "a hanging judge".

He doesn't care for the "street crowd" so the officers pretty much write what they want. As long as they can prove it.

In Virginia you can't alter the look of the license plate. You can have a clear cover but no tint so around here the judge would have found you or your friend guilty.

But if you cross the mountain where I used to work in Leesburg I'm told you might get away with the small things like the tag cover. If an officer works in a jurisdiction such as this they might have a hard time . The easy way to do it is learn from previous rulings by the judge. Otherwise you are beating your head on a brick wall.

You might not get fired or transferred by writing tickets the judge doesn't like but as an officer you won't win any close cases either.

I hope I'm not confusing anybody. I'm trying as best I can to explain how this stuff works. i realize it's as clear as mud.

I didn't get it either at first. I'm glad I don't have to enforce traffic laws any more.

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Man...Memphis can't keep em. Come apply.