Showing posts with label law enforcement. Show all posts
Showing posts with label law enforcement. Show all posts

Tuesday, July 15, 2014

this is hard to believe...


yeah... it's real, the shadow from the helicopter's spotlight is constant, so I'm pretty sure this is not a CGI

Found on http://vandertorque.tumblr.com/

Thursday, July 10, 2014

How cops make money... they set up a situation to write tickets, having a guy walk back and forth across a street. That is his job for the day, eff up traffic.



Named as Somerville in the source article, but it did not give the state, in this video uploaded to Facebook on Monday showing what low levels to which police will stoop in order to issue a citation. This Police Department devised an ingenious method for catching “dangerous” criminals.

http://blog.rtba.co/police-entrapment-caught-on-tape/

Monday, July 7, 2014

no daytime speed limit of Montana, what happened to that? Answer - one asshole cop (Ken Braidenbach) pulled over guy (Rudy Stanko) who challenged his speeding ticket for 85mph in an unsafe area

Neither Nevada nor Montana had a daytime speed limit before before the the 1974 action that made 55 the federal speed limit... and when the double nickel was repealed in 1995 reverted to the original anything goes at your own risk... Rudy, who is easily found by Google due to his frequent legal problems was driving 85 mph. No big deal, I do it a lot. But he was in some area with no shoulders, narrow, and had frost heaves (according to the asshole cop qwho had to come up with some reason to arrest the driver) was hilly and curvy, and the cop and the judge who dissented from the majority of the rest of the judges on the case found that driving over hills and around curves is inherently unsafe because you can't see over hills and around corners. Appearantly, the judge and cop never do so. Saints among us, just absolute angels. (assholes)

So driving on a 2 lane in March 1996, in a 1996 Camaro with new tires, in full daylight, with no traffic and no other discernable elements to make his 85mph "unsafe" caused an asshole cop to pull over the Camaro. Damn cliche!

You can read the entire case, and it's effing great to read the legal brief that explains the appeal to the speeding ticket based on the vague nature of unconstitutional, but in brief, the cop, and the effing attorney general of the state of Montana could come up with no reason to arrest and ticket the driver Rudy. SO :

¶ 28 It is evident from the testimony in this case and the arguments to the Court that the average motorist in Montana would have no idea of the speed at which he or she could operate his or her motor vehicle on this State's highways without violating Montana's “basic rule” based simply on the speed at which he or she is traveling.   Furthermore, the basic rule not only permits, but requires the kind of arbitrary and discriminatory enforcement that the due process clause in general, and the void-for-vagueness doctrine in particular, are designed to prevent.   It impermissibly delegates the basic public policy of how fast is too fast on Montana's highways to “policemen, judges, and juries for resolution on an ad hoc and subjective basis.”  Grayned, 408 U.S. at 109, 92 S.Ct. at 2299, 33 L.Ed.2d at 228. - 

¶ 29 For example, the statute requires that a motor vehicle operator and Montana's law enforcement personnel take into consideration the amount of traffic at the location in question, the condition of the vehicle's brakes, the vehicle's weight, the grade and width of the highway, the condition of its surface, and its freedom from obstruction to the view ahead.   However, there is no specification of how these various factors are to be weighted, or whether priority should be given to some factors as opposed to others.   This case is a good example of the problems inherent in trying to consistently apply all of these variables in a way that gives motorists notice of the speed at which the operation of their vehicle becomes a violation of the law.   For all practical purposes, there was no other traffic on the highway at the time that Stanko was arrested, the condition of his vehicle was excellent, the surface of the road was dry, and the view ahead was unobstructed for a distance of at least 249 to 374 feet.   On the other hand, the road was narrow, there were hills and curves which presented some degree of obstruction to the view ahead, and there was an occasional frost heave on the surface of the road.   A reasonable speed under these circumstances would require a calculation of sight distances and stopping distances for the particular vehicle.   These functions are normally provided by engineers employed by highway departments who then post signs indicating when it is necessary to reduce speed on a curve or hill crest in order to safely operate a motor vehicle.   It is not the kind of decision that the average motor vehicle operator is qualified to make, and not the kind of decision that policemen or highway patrolmen should be called upon to make.   Most importantly, for constitutional purposes, even if law enforcement officials were qualified to make those kinds of judgments, the statute would not satisfy the requirement that a motor vehicle operator of average intelligence know what conduct is prohibited and when his or her conduct is going to be subject to criminal penalties. -

¶ 30 For these reasons, we conclude that that part of § 61-8-303(1), MCA, which makes it a criminal offense to operate a motor vehicle “at a rate of speed ․ greater than is reasonable and proper under the conditions existing at the point of operation” is void for vagueness on its face and in violation of the Due Process Clause of Article II, Section 17, of the Montana Constitution.

¶ 31 We do not, however, mean to imply that motorists who lose control of their vehicle or endanger the life, limb, or property of others by the operation of their vehicle on a street or highway cannot be punished for that conduct pursuant to other statutes, such as § 61-8-301, MCA (reckless driving), or § 61-8-302, MCA (careless driving).   We simply hold that Montanans cannot be charged, prosecuted, and punished for speed alone without notifying them of the speed at which their conduct violates the law.


I learned about this from Car and Driver magazine, August 2014, page 66. They really should have reprinted the legal brief, http://caselaw.findlaw.com/mt-supreme-court/1110919.html  it's fantastic.


And so, they had to put up speed limits in Montana because cops aren't able to use better professional judgement to give speeding tickets. 

Wednesday, June 25, 2014

car insurance sting operation in Riverside busts a dozen people, 16 fake claims, about $300,000 worth

Over 100 law enforcement officers fanned out Wednesday across Riverside County and made over a dozen arrests in an alleged auto insurance fraud ring involving fraudulent collision claims, authorities said.

KNX 1070′s Charles Feldman reports California Department of Insurance investigators believe the alleged mastermind of the ring recruited family and friends to file phony claims that bilked seven insurance companies out of more than $314,000.

22-year-old Joel Saldana, of Riverside, was among 13 people arrested in “Operation Three’s Company”, which targeted suspects who allegedly orchestrated 16 “phantom collision” claims involving multiple insurance companies, including State Farm, Progressive and Century.

Saldana, who owns Lightning Auto Body in Riverside, allegedly recruited at least 20 friends and family members for $500 each to claim collisions that were either staged or didn’t occur at all, according to California Insurance Commissioner Dave Jones.

News from http://losangeles.cbslocal.com/2014/06/25/arrests-made-in-alleged-phantom-collision-insurance-fraud-ring/

Tuesday, June 10, 2014

Georgia, not the only state that has made it illegal to stay camped out in the left lane, Washington also is fed up. Simply put, stay right except to pass

Last month I posted about the Georgia law, and now i just learned that Washington also has a law about it.

According to a report on Seattle’s KCPQ Fox 13 News via http://blog.caranddriver.com/all-other-states-take-note-washington-state-troopers-crack-down-on-left-lane-squatters/, state troopers are cracking down on so-called “left-lane squatters” through the enforcement of a state law that requires drivers to stay to the right except to pass. Drivers may get a verbal warning or an actual citation as troopers endeavor to “change driver behavior, whichever way we can,” said one officer in the report. As another said, “I think that’s the number one issue that we have . . . people just sitting in that left lane.” He goes on to suggest that which we all know is true, namely that left-lane squatters contribute to anger and in some cases, all-out road rage, as faster drivers follow close behind the squatter, or tear off at unsafe speeds around the driver when they finally get the chance. As the saying goes: Hell hath no fury like a driver stuck behind a Toyota Prius.

Monday, June 9, 2014

USA - (minus/without) 4th Ammendment. This is our America today

Police have been given authority by the U.S. Supreme Court to conduct vehicle searches without warrants, based on a trained dog's alerthttp://www.tampabay.com/news/publicsafety/crime/these-pot-searches-by-police-dont-pass-the-smell-test/2182595

 In Carroll v. United States (1925), the Court ruled that law enforcement officers could search a vehicle that they suspected of carrying contraband without a warrant.

The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. It was adopted in response to the abuse of the writ of assistance, a type of general search warrant issued by the British government and a major source of tension in pre-Revolutionary America. http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

Under the Fourth Amendment, search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer who has sworn by it. Fourth Amendment case law deals with three central questions: what government activities constitute "search" and "seizure"; what constitutes probable cause for these actions; and how violations of Fourth Amendment rights should be addressed. Early court decisions limited the amendment's scope to a law enforcement officer's physical intrusion onto private property, but with Katz v. United States (1967), the Supreme Court held that its protections, such as the warrant requirement, extend to the privacy of individuals as well as physical locations. Law enforcement officers need a warrant for most search and seizure activities, but the Court has defined a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations.

And there you have it. Your vehicle can be searched without a warrant, so long as the officers can articulate reasonable suspicion. My question is... can they break in and take it apart while searching for something?

Thursday, May 29, 2014

brilliant cop I came across this morning... he's not chasing violators, he's just letting them come to him


The cop just waited in the middle on the jammed up on ramp, and every stupid person with a cell phone to their ear, or their seat belt off were pointed off to the side, and then gave tickets. Zero effort, maximum effect. Why in the hell aren't more cops this smart? If you want to stop cell phones users, and seat belt scoffers.... hell, even cracked windshields, bald tires, and whatever the rest of the simple visual moving violations there are to see 

Monday, April 14, 2014

Follow up to the King City Ca police abuse story

The owner of local towing company Miller's Towing Brian Miller, his brother and acting King City police chief Bruce Miller, and Sgt. Bobby Carrillo had charges brought against them last month by city prosecutors.

The three of them were charged in connection to allegedly targeting low-income immigrants by confiscating and selling their vehicles. Prosecutors suspect that Carrillo would pull people over for minor or no offenses and have their vehicles towed to Miller's Towing.

The Monterey County district attorney also filed charges against the city's former longtime police chief, Nick Baldiviez, in connection to the corruption scandal along with allegedly also accepting improper gifts, possessing illegal weapons and imposing criminal threats, according to the Times.

From http://www.latinpost.com/articles/8996/20140316/police-chief-others-charged-targeting-low-income-immigrants-king-city.htm

The first post I did on this story:  http://justacarguy.blogspot.com/2014/02/out-rage-ous-police-actions-in-news-its.html

humor

Tuesday, March 25, 2014

arrogant asshole cop arrests a firefighter who was providing a traffic protection for ambulance crew helping rollover victims


The LA Times has a good recap of the issue: http://www.latimes.com/local/lanow/la-me-ln-firefigher-chp-claim-20140325,0,1997161.story#axzz2x0DDSSbM

Engineer Jacob Gregoire was handcuffed and placed in the rear seat of a CHP cruiser after he refused to move his fire truck, which was parked in the center divider of Interstate 805 on the night of Feb. 4. The truck was partially blocking the lane closest to the divider to protect ambulance crews working to aid two people injured when a Mustang hit a cement barrier and rolled over, according to Chula Vista Fire Department officials.

The claim against the CHP filed by Gregoire alleges that the arrest was illegal and obstructed Gregoire and other emergency responders from caring for the accident victims. It accuses the arresting CHP officer, Sergio Flores, of arrogance, bullying and ill will.

When Flores was ordered to release Gregoire, he said, “This is not over yet. You are not being arrested, but I am not done with you. You’re going to have to answer for your actions,” according to the claim.

“This is all about ego of the CHP officer. It has nothing to do with authority at the scene,” said Dan Gilleon, Gregoire’s attorney. “This is not an isolated incident. The same office has done this in the past and done this since, so this is not a problem they are trying to fix. They are trying to sweep this under the rug.”

Firefighter Files Claim Against CHP:

found on http://fox5sandiego.com/2014/03/25/firefighter-arrested-at-accident-files-claim-against-chp/#axzz2wzFRjExi