 |
|
|
|
Next: Daylight savings party
|
| Author |
Message |
External
Since: Oct 27, 2007
Posts: 4
|
(Msg. 1) Posted: Sat Oct 27, 2007 8:03 am
Post subject: Outrageous behavior
Archived from groups: ba>motorcycles (more info?)
|
|
|
Yesterday on my commute home I witnessed the most outrageous driving
behavior I've ever seen. Traffic in all lanes on southbound Highway
101 through San Jose was moving at around 30 MPH as drivers a couple
miles further south were merging at the airport and Highway 87 ramps.
I was lanesplitting between the two left-most lanes, and about 50
yards ahead of me was another motorcyclist doing the same.
As this other motorcyclist came close to a gold-colored Chevy Tahoe,
the Tahoe pulled half-way into the left median, straddling the yellow
line. Drivers sometimes do this to help motorcyclists lanesplit
cleanly so the behavior wasn't unusual. However, as this other
motorcyclist pulled alongside the Tahoe the driver swerved sharply at
the motorcyclist, causing him and the cars around him to brake hard
and scatter to avoid colliding.
After a few moments the traffic re-composed itself and this other
motorcyclist found himself again behind the Tahoe. Once again, the
Tahoe started straddling the yellow line, inviting the other
motorcyclist to take another pass. This he did, but this time he used
a gap in the lane to the right to give the Tahoe a wider berth. In
response, the Tahoe swerved back to the right and the passenger leaned
out the window and tried to grab at the motorcyclist as he passed!
By this time I was just a couple of car lengths back and could see the
two young male chuckleheads in the Tahoe laughing and having a great
time with their murderous antics. Fortunately the other motorcyclist
was able to stay out of the Tahoe's grasp and get away cleanly. At
this point the Tahoe saw me approaching and did the same move to
straddle the yellow line, thinking they could invite me to continue
their game. Instead I memorized their license plate and moved over a
couple of lanes to the right, putting several cars between us as I
lanesplit out of their reach.
As soon as I got home I called the California Highway Patrol (CHP) and
relayed the incident to the emergency operator. Of course the CHP
can't really do anything about a phoned-in complaint unless an officer
can catch the alleged perpetrator in the act, but at least there's a
record of a complaint. I imagine that this isn't the first or last
time these psychopaths will engage in this (or other) reckless
behavior, and maybe this incident can come back to haunt them in the
future.
In the meantime, I'm documenting this incident and publicizing the
Tahoe's California license plate:
4XSS478
All drivers, not just motorcyclists, should watch out for this vehicle
and its occupants. Shame on them! |
|
| Back to top |
|
 | |
External
Since: Jul 02, 2003
Posts: 1466
|
(Msg. 2) Posted: Sat Oct 27, 2007 8:27 am
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
In article ,
wrote:
<snip>
> As this other motorcyclist came close to a gold-colored Chevy Tahoe,
> the Tahoe pulled half-way into the left median, straddling the yellow
> line. Drivers sometimes do this to help motorcyclists lanesplit
> cleanly so the behavior wasn't unusual. However, as this other
> motorcyclist pulled alongside the Tahoe the driver swerved sharply at
> the motorcyclist, causing him and the cars around him to brake hard
> and scatter to avoid colliding.
Well, Goddamn! My close call was the result of carelessness; this was
malice!
<snip>
> In the meantime, I'm documenting this incident and publicizing the
> Tahoe's California license plate:
>
> 4XSS478
>
> All drivers, not just motorcyclists, should watch out for this vehicle
> and its occupants. Shame on them!
Thanks for the warning. And my Oregon Scientific camera goes on my bike
and stays there.
--
Timberwoof <me at timberwoof dot com>
faq: http://www.timberwoof.com/motorcycle/faq.shtml
It's easy to say a war is so important your neighbor should go fight it for you. |
|
| Back to top |
|
| |
External
Since: Sep 17, 2003
Posts: 1148
|
(Msg. 3) Posted: Sat Oct 27, 2007 2:36 pm
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Sat, 27 Oct 2007 08:03:54 -0700, wrote:
<snip>
>As soon as I got home I called the California Highway Patrol (CHP) and
>relayed the incident to the emergency operator. Of course the CHP
>can't really do anything about a phoned-in complaint unless an officer
>can catch the alleged perpetrator in the act, but at least there's a
>record of a complaint. I imagine that this isn't the first or last
>time these psychopaths will engage in this (or other) reckless
>behavior, and maybe this incident can come back to haunt them in the
>future.
Follow up with a letter. Pay the extra buck or two to get a return
receipt. Then you can be sure that they'll keep it on file. If the guy
is ever involved in an accident, it will turn up.
>
>In the meantime, I'm documenting this incident and publicizing the
>Tahoe's California license plate:
>
> 4XSS478
>
>All drivers, not just motorcyclists, should watch out for this vehicle
>and its occupants. Shame on them! >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Aug 19, 2007
Posts: 30
|
(Msg. 4) Posted: Sat Oct 27, 2007 4:51 pm
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Oct 27, 8:03?am, wrote:
>
> As soon as I got home I called the California Highway Patrol (CHP) and
> relayed the incident to the emergency operator. Of course the CHP
> can't really do anything about a phoned-in complaint unless an officer
> can catch the alleged perpetrator in the act, but at least there's a
> record of a complaint.
I find it extremely annoying when law enforcement officers try to
weasel their way out of making an arrest by claiming that an offense
is a misdemeanor and that it wasn't committed in their presence, so
there is nothing they can do.
That's utter *bullshit*. Cops can cite offenders for infractions or
misdemeanors not committed in their presence, upon reliable
information. Look at what it says on a citation.
For instance, officers working with a spotter plane can pull a vehicle
over and cite the driver for speeding without ever clocking him. The
aircraft pilot is the reliable informant in that case.
This particular incident you described was a felony, an attempted
assault intended to cause great bodily injury or death of a
motorcyclist. Anybody can report a felony to the police with
reasonable expectation that something will be done about the
criminals, and that the mergency operator will not "blow off" the
matter with an incorrect staement of policy.
If you phoned in a description of the suspects, their vehicle
description and license number, the emergency operator should have
relayed that information to the CHP.
And, if you want to go after the emergency operator, the conversation
is on tape, so you might pursue the matter with whoever supervises 911
in that area. >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Aug 19, 2007
Posts: 30
|
(Msg. 5) Posted: Sat Oct 27, 2007 4:53 pm
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Oct 27, 8:27?am, Timberwoof
wrote:
> Well, Goddamn! My close call was the result of carelessness (snip)
Yes, It was *your* carelessness that almost got your silly ass killed. >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Oct 27, 2007
Posts: 4
|
(Msg. 6) Posted: Sun Oct 28, 2007 2:47 am
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Oct 27, 2:36 pm, Alan Moore wrote:
> Follow up with a letter. Pay the extra buck or two to get a return
> receipt. Then you can be sure that they'll keep it on file. If the guy
> is ever involved in an accident, it will turn up.
Hmmm, I didn't know that that was an option--thanks for the tip! >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Oct 27, 2007
Posts: 4
|
(Msg. 7) Posted: Sun Oct 28, 2007 2:47 am
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Oct 27, 4:51 pm, Morrgaine wrote:
> On Oct 27, 8:03?am, wrote:
> I find it extremely annoying when law enforcement officers try to
> weasel their way out of making an arrest by claiming that an offense
> is a misdemeanor and that it wasn't committed in their presence, so
> there is nothing they can do.
I understand your frustration and feel it, too, but I also understand
that we don't want police officers arresting folks on hearsay since
this could be used as a very vicious harassment technique. The 911
call taker did explain that the aggrieved motorcyclist would need to
lodge a complaint before they could pursue the issue any further, so
this is one of the reasons I posted here--I'm hoping maybe that fellow
reads this group or knows someone who does.
Unfortunately, I was so focused on the Tahoe that I didn't get a
detailed look at the other rider. He seemed to be a slender fellow,
red and white leather jacket with black accents, helmet of similar
colors. He was riding a sport bike, but from where I saw the incident
I couldn't even tell the color, let alone the displacement or brand.
Similarly, I think he was also wearing matching leather pants, but I
can't be sure. >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Sep 24, 2007
Posts: 38
|
(Msg. 8) Posted: Sun Oct 28, 2007 6:09 am
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Oct 27, 8:52?pm, wrote:
> I understand your frustration and feel it, too, but I also understand
> that we don't want police officers arresting folks on hearsay since
> this could be used as a very vicious harassment technique.
You saw a felony go down and the 911 operator or the CHP told you your
statement was "hearsay", and you bought that?
If a person saw an armed robbery about to go down at a bank and called
911, would the operator say, "Oh, that's just hearsay. We can't send
officers to the bank just because *you* say there are men wearing ski
masks and body armor and carrying assault rifles going into the bank.
They might just be going to a Hallowe'en party"?
Fortunately, LAPD officers saw Larry Phillips and Emil Matasareanu
entering the North Hollywood Bank of America branch and they were
right on it.
"Hearsay" is unverified information heard or received from another;
rumor.
In law "hearsay" is evidence based on the reports of others rather
than the personal knowledge of a witness and therefore generally not
admissible as testimony.
In law, "evidence" is the documentary or oral statements and the
material objects admissible as testimony in a court of law.
A witness to a crime does not give *evidence* to police officers, he/
she does not make a sworn statement that a crime is in progress or has
been committed.
Police officers are sworn to uphold the law and obligated to
investigate *every* credible complaint, they are not supposed to "blow
it off" and go back to their doughnut.
> The 911 call taker did explain that the aggrieved motorcyclist would need to
> lodge a complaint before they could pursue the issue any further
By that theory, the "aggrieved" Linda Sobek would have had to rise up
out of her shallow grave to press charges against Charles Rathbun, who
tortured, raped, sodomized, and strangled her.
Any person who sees a crime in progress should reasonably expect the
police to investigate the report.
However, any person who reports a crime in progress should responsibly
pursue the matter to its conclusion in a court of law.
Police officers are frustrated by the citizen who makes a report or a
complaint and then decides he/she will not testify in court.
That's why the police will tell you that they cannot arrest somebody
for a misdemeanor if they (the cops) did not witness the crime
themselves.
Too many people believe that, once they have reported a crime and the
police have arrested somebody, their involvement is over. So they
abandon all thoughts of going to court and testifying.
OTOH, the cops get paid to testify, but they hate going to court and
they hate doing all the paperwork involved with making an arrest.
Their doughnut makes them happy though. >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Jan 17, 2005
Posts: 178
|
(Msg. 9) Posted: Mon Oct 29, 2007 1:12 pm
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
wrote:
> Yesterday on my commute home I witnessed the most outrageous driving
> behavior I've ever seen. Traffic in all lanes on southbound Highway
> 101 through San Jose was moving at around 30 MPH as drivers a couple
> miles further south were merging at the airport and Highway 87 ramps.
> I was lanesplitting between the two left-most lanes, and about 50
> yards ahead of me was another motorcyclist doing the same.
>
> As this other motorcyclist came close to a gold-colored Chevy Tahoe,
> the Tahoe pulled half-way into the left median, straddling the yellow
> line. Drivers sometimes do this to help motorcyclists lanesplit
> cleanly so the behavior wasn't unusual. However, as this other
> motorcyclist pulled alongside the Tahoe the driver swerved sharply at
> the motorcyclist, causing him and the cars around him to brake hard
> and scatter to avoid colliding.
>
> After a few moments the traffic re-composed itself and this other
> motorcyclist found himself again behind the Tahoe. Once again, the
> Tahoe started straddling the yellow line, inviting the other
> motorcyclist to take another pass. This he did, but this time he used
> a gap in the lane to the right to give the Tahoe a wider berth. In
> response, the Tahoe swerved back to the right and the passenger leaned
> out the window and tried to grab at the motorcyclist as he passed!
>
> By this time I was just a couple of car lengths back and could see the
> two young male chuckleheads in the Tahoe laughing and having a great
> time with their murderous antics. Fortunately the other motorcyclist
> was able to stay out of the Tahoe's grasp and get away cleanly. At
> this point the Tahoe saw me approaching and did the same move to
> straddle the yellow line, thinking they could invite me to continue
> their game. Instead I memorized their license plate and moved over a
> couple of lanes to the right, putting several cars between us as I
> lanesplit out of their reach.
>
> As soon as I got home I called the California Highway Patrol (CHP) and
> relayed the incident to the emergency operator. Of course the CHP
> can't really do anything about a phoned-in complaint unless an officer
> can catch the alleged perpetrator in the act, but at least there's a
> record of a complaint. I imagine that this isn't the first or last
> time these psychopaths will engage in this (or other) reckless
> behavior, and maybe this incident can come back to haunt them in the
> future.
>
> In the meantime, I'm documenting this incident and publicizing the
> Tahoe's California license plate:
>
> 4XSS478
>
> All drivers, not just motorcyclists, should watch out for this vehicle
> and its occupants. Shame on them!
>
Since I travel this route daily, I shall make a note of it. What time of
the afternoon was this?
--
Heaven is where the police are British, the chefs Italian, the mechanics
German, the lovers French and it is all organized by the Swiss.
Hell is where the police are German, the chefs British, the mechanics
French, the lovers Swiss and it is all organized by Italians.
http://new.photos.yahoo.com/paul1cart/albums/ >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Apr 27, 2007
Posts: 18
|
(Msg. 10) Posted: Tue Oct 30, 2007 12:57 am
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Oct 28, 5:09 am, ~ wrote:
> On Oct 27, 8:52?pm, wrote:
>
> > I understand your frustration and feel it, too, but I also understand
> > that we don't want police officers arresting folks on hearsay since
> > this could be used as a very vicious harassment technique.
>
> You saw a felony go down and the 911 operator or the CHP told you your
> statement was "hearsay", and you bought that?
>
> If a person saw an armed robbery about to go down at a bank and called
> 911, would the operator say, "Oh, that's just hearsay. We can't send
> officers to the bank just because *you* say there are men wearing ski
> masks and body armor and carrying assault rifles going into the bank.
> They might just be going to a Hallowe'en party"?
>
> Fortunately, LAPD officers saw Larry Phillips and Emil Matasareanu
> entering the North Hollywood Bank of America branch and they were
> right on it.
>
> "Hearsay" is unverified information heard or received from another;
> rumor.
>
> In law "hearsay" is evidence based on the reports of others rather
> than the personal knowledge of a witness and therefore generally not
> admissible as testimony.
>
> In law, "evidence" is the documentary or oral statements and the
> material objects admissible as testimony in a court of law.
>
> A witness to a crime does not give *evidence* to police officers, he/
> she does not make a sworn statement that a crime is in progress or has
> been committed.
>
> Police officers are sworn to uphold the law and obligated to
> investigate *every* credible complaint, they are not supposed to "blow
> it off" and go back to their doughnut.
>
> > The 911 call taker did explain that the aggrieved motorcyclist would need to
> > lodge a complaint before they could pursue the issue any further
>
> By that theory, the "aggrieved" Linda Sobek would have had to rise up
> out of her shallow grave to press charges against Charles Rathbun, who
> tortured, raped, sodomized, and strangled her.
>
> Any person who sees a crime in progress should reasonably expect the
> police to investigate the report.
>
> However, any person who reports a crime in progress should responsibly
> pursue the matter to its conclusion in a court of law.
>
> Police officers are frustrated by the citizen who makes a report or a
> complaint and then decides he/she will not testify in court.
>
> That's why the police will tell you that they cannot arrest somebody
> for a misdemeanor if they (the cops) did not witness the crime
> themselves.
>
> Too many people believe that, once they have reported a crime and the
> police have arrested somebody, their involvement is over. So they
> abandon all thoughts of going to court and testifying.
>
> OTOH, the cops get paid to testify, but they hate going to court and
> they hate doing all the paperwork involved with making an arrest.
>
> Their doughnut makes them happy though.
FYI, some of your stuff is way off. In most assault cases you need a
victim. If this person is nowhere to be found, how do they charge the
offending party? Who/where is the complaining witness?
A cop can arrest a person on a misdemeanor committed in his presence
only. Otherwise, citizen's arrest is the only other way to get such a
case to a DA.
Ref Penal Code sections 836 and 837.
Citizens may also bring the case directly to the DA themselves.
And as for your contention that cops don't like to go to
court...WRONG! That's where a huge chunk of their over-time comes
from.
But they Do like donuts... >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Sep 17, 2003
Posts: 1148
|
(Msg. 11) Posted: Tue Oct 30, 2007 6:33 pm
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On 30 Oct 2007 00:57:21 -0700, Guzzisto
wrote:
>On Oct 28, 5:09 am, ~ wrote:
>> On Oct 27, 8:52?pm, wrote:
>>
>> > I understand your frustration and feel it, too, but I also understand
>> > that we don't want police officers arresting folks on hearsay since
>> > this could be used as a very vicious harassment technique.
>>
>> You saw a felony go down and the 911 operator or the CHP told you your
>> statement was "hearsay", and you bought that?
>>
>> If a person saw an armed robbery about to go down at a bank and called
>> 911, would the operator say, "Oh, that's just hearsay. We can't send
>> officers to the bank just because *you* say there are men wearing ski
>> masks and body armor and carrying assault rifles going into the bank.
>> They might just be going to a Hallowe'en party"?
>>
>> Fortunately, LAPD officers saw Larry Phillips and Emil Matasareanu
>> entering the North Hollywood Bank of America branch and they were
>> right on it.
>>
>> "Hearsay" is unverified information heard or received from another;
>> rumor.
>>
>> In law "hearsay" is evidence based on the reports of others rather
>> than the personal knowledge of a witness and therefore generally not
>> admissible as testimony.
>>
>> In law, "evidence" is the documentary or oral statements and the
>> material objects admissible as testimony in a court of law.
>>
>> A witness to a crime does not give *evidence* to police officers, he/
>> she does not make a sworn statement that a crime is in progress or has
>> been committed.
>>
>> Police officers are sworn to uphold the law and obligated to
>> investigate *every* credible complaint, they are not supposed to "blow
>> it off" and go back to their doughnut.
>>
>> > The 911 call taker did explain that the aggrieved motorcyclist would need to
>> > lodge a complaint before they could pursue the issue any further
>>
>> By that theory, the "aggrieved" Linda Sobek would have had to rise up
>> out of her shallow grave to press charges against Charles Rathbun, who
>> tortured, raped, sodomized, and strangled her.
>>
>> Any person who sees a crime in progress should reasonably expect the
>> police to investigate the report.
>>
>> However, any person who reports a crime in progress should responsibly
>> pursue the matter to its conclusion in a court of law.
>>
>> Police officers are frustrated by the citizen who makes a report or a
>> complaint and then decides he/she will not testify in court.
>>
>> That's why the police will tell you that they cannot arrest somebody
>> for a misdemeanor if they (the cops) did not witness the crime
>> themselves.
>>
>> Too many people believe that, once they have reported a crime and the
>> police have arrested somebody, their involvement is over. So they
>> abandon all thoughts of going to court and testifying.
>>
>> OTOH, the cops get paid to testify, but they hate going to court and
>> they hate doing all the paperwork involved with making an arrest.
>>
>> Their doughnut makes them happy though.
>
>FYI, some of your stuff is way off. In most assault cases you need a
>victim. If this person is nowhere to be found, how do they charge the
>offending party?
He's not so far off as you might suppose. Consider, for example, a
case where the assault is followed by homicide and the perpetrator
removes and conceals the body. Such cases are known, and have even led
to convictions without a body ever having turned up.
>Who/where is the complaining witness?
Any witness who saw the initial assault and complained will do.
>A cop can arrest a person on a misdemeanor committed in his presence
>only. Otherwise, citizen's arrest is the only other way to get such a
>case to a DA.
You mean that, presented with evidence of a crime, and a warrant
signed by a judge the police have to wait until they witness a
misdemeanor? That doesn't make a whole lot of sense. Nor is it
correct, the two, in law, admittedly having little to do with one
another.
>Ref Penal Code sections 836 and 837.
>Citizens may also bring the case directly to the DA themselves.
>And as for your contention that cops don't like to go to
>court...WRONG! That's where a huge chunk of their over-time comes
>from.
Actually, court is normally held during normal working hours for cops
on the day shift, which is most of them, on any given day.
>But they Do like donuts...
Well, there is that.
Al Moore
DoD 734 >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Jul 02, 2007
Posts: 6
|
(Msg. 12) Posted: Wed Nov 07, 2007 11:18 am
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
On Oct 30, 5:33 pm, Alan Moore wrote:
> On 30 Oct 2007 00:57:21 -0700, Guzzisto
> wrote:
>
>
>
>
>
> >On Oct 28, 5:09 am, ~ wrote:
> >> On Oct 27, 8:52?pm, wrote:
>
> >> > I understand your frustration and feel it, too, but I also understand
> >> > that we don't want police officers arresting folks on hearsay since
> >> > this could be used as a very vicious harassment technique.
>
> >> You saw a felony go down and the 911 operator or the CHP told you your
> >> statement was "hearsay", and you bought that?
>
> >> If a person saw an armed robbery about to go down at a bank and called
> >> 911, would the operator say, "Oh, that's just hearsay. We can't send
> >> officers to the bank just because *you* say there are men wearing ski
> >> masks and body armor and carrying assault rifles going into the bank.
> >> They might just be going to a Hallowe'en party"?
>
> >> Fortunately, LAPD officers saw Larry Phillips and Emil Matasareanu
> >> entering the North Hollywood Bank of America branch and they were
> >> right on it.
>
> >> "Hearsay" is unverified information heard or received from another;
> >> rumor.
>
> >> In law "hearsay" is evidence based on the reports of others rather
> >> than the personal knowledge of a witness and therefore generally not
> >> admissible as testimony.
>
> >> In law, "evidence" is the documentary or oral statements and the
> >> material objects admissible as testimony in a court of law.
>
> >> A witness to a crime does not give *evidence* to police officers, he/
> >> she does not make a sworn statement that a crime is in progress or has
> >> been committed.
>
> >> Police officers are sworn to uphold the law and obligated to
> >> investigate *every* credible complaint, they are not supposed to "blow
> >> it off" and go back to their doughnut.
>
> >> > The 911 call taker did explain that the aggrieved motorcyclist would need to
> >> > lodge a complaint before they could pursue the issue any further
>
> >> By that theory, the "aggrieved" Linda Sobek would have had to rise up
> >> out of her shallow grave to press charges against Charles Rathbun, who
> >> tortured, raped, sodomized, and strangled her.
>
> >> Any person who sees a crime in progress should reasonably expect the
> >> police to investigate the report.
>
> >> However, any person who reports a crime in progress should responsibly
> >> pursue the matter to its conclusion in a court of law.
>
> >> Police officers are frustrated by the citizen who makes a report or a
> >> complaint and then decides he/she will not testify in court.
>
> >> That's why the police will tell you that they cannot arrest somebody
> >> for a misdemeanor if they (the cops) did not witness the crime
> >> themselves.
>
> >> Too many people believe that, once they have reported a crime and the
> >> police have arrested somebody, their involvement is over. So they
> >> abandon all thoughts of going to court and testifying.
>
> >> OTOH, the cops get paid to testify, but they hate going to court and
> >> they hate doing all the paperwork involved with making an arrest.
>
> >> Their doughnut makes them happy though.
>
> >FYI, some of your stuff is way off. In most assault cases you need a
> >victim. If this person is nowhere to be found, how do they charge the
> >offending party?
>
> He's not so far off as you might suppose. Consider, for example, a
> case where the assault is followed by homicide and the perpetrator
> removes and conceals the body. Such cases are known, and have even led
> to convictions without a body ever having turned up.
Homicide cases are different. But even there, you have to have
corroborating evidence. A body isn't always needed if other evidence
is presented. There is no such thing as "he said/she said in a
criminal case. Someone just can't walk in say, "Hey, I just killed Joe
Dokes" and be arested for it without corroborating evidence.
Corroboration, corroboration corroboration.
>
> >Who/where is the complaining witness?
>
> Any witness who saw the initial assault and complained will do.
Uhh, no. The "complaining witness" IS the victim. You can not walk
into a police department and report, without corroborating evidence,
that so and so #1 was assaulted by so and so #2 without so and so #1
being available to testify.
>
> >A cop can arrest a person on a misdemeanor committed in his presence
> >only. Otherwise, citizen's arrest is the only other way to get such a
> >case to a DA.
>
> You mean that, presented with evidence of a crime, and a warrant
> signed by a judge the police have to wait until they witness a
> misdemeanor? That doesn't make a whole lot of sense. Nor is it
> correct, the two, in law, admittedly having little to do with one
> another.
You're convoluting what I said. Of course they can arrest on a
misdemeanor warrant under specific conditions, but in such cases
that's referred to as a "warrant arrest", not an "on view" arrest.
Vastly different.
>
> >Ref Penal Code sections 836 and 837.
> >Citizens may also bring the case directly to the DA themselves.
> >And as for your contention that cops don't like to go to
> >court...WRONG! That's where a huge chunk of their over-time comes
> >from.
>
> Actually, court is normally held during normal working hours for cops
> on the day shift, which is most of them, on any given day.
Uhh, no. Swings and midnights are usually more heavily manned.
Besides, even day watch guys mostly have weekdays off, so that would
mean coming in on their day off.
>
> >But they Do like donuts...
>
> Well, there is that.
>
> Al Moore
> DoD 734- Hide quoted text -
Anything else you'd like to know about "the business"? >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
External
Since: Oct 27, 2007
Posts: 4
|
(Msg. 13) Posted: Fri Nov 09, 2007 6:47 am
Post subject: For SAKE!! Holiday plans etc [Login to view extended thread Info.]
Archived from groups: per prev. post (more info?)
|
|
|
Woo hoo! Mr. Roadshow published the incident in today's column. See
<http://www.mercurynews.com/ci_7414426>. We'll see if anyone else who
saw the incident will call the CHP. >> Stay informed about: Outrageous behavior |
|
| Back to top |
|
| |
|
You can post new topics in this forum
You can reply to topics in this forum
You can edit your posts in this forum
You can delete your posts in this forum
You can vote in polls in this forum
|
|
|
|
|
|
|
FAQ
Search
Profile
Private Messages
Log in
