Can a observer to a Street Race in Ohio be charged as a partcipant?

Question

As an Ohio Police Officer can I charge a observer to a Street Race as a particpant. the Ohio Traffic laws say particpating in ant manner. I can find no legal justification to charge a observer. Flag man yes. Maybe even an occuapant. But, to charge a observer with a M1 and then they loose a drivers license for not even operating is a stretch for me. My partner and I strongly disagree with each other. Any Case Law?

Answer 1

yes you can. cause you are comitting a crime as well. viewing a crime andnot stopping it makes you as guilty if not more guilty than the peson commiting the crime

Answer 2

I think it would depend on the observer. If the Street Racers friends are standing around and cheering them on then yeah I would say that they are actively participating, but if some guy is just walking is dog or taking out the trash and sees them racing then I would not say that he was participating.

Answer 3

The term for "Participant" is what you have to look to for an answer.

Blacks Law Dictionary defines a "participant" as "one who takes part in."

Thus stated, YES, the "participant" is participating (by observance) in the event and is as guilty by his egging the situation onward.

Same would be given credence to a person who was watching a protest march. Is that person a part of the problem by watching and giving light to the marchers as this is alright?

Answer 4

I think it would be tough to charge someone just standing around.  Do you charge people who watch a bank robber run out of the bank?

I agree that anyone that participates or supports them should be charged.  But how do you articulate participation to people just standing around.  

If the people standing around all fled when LE arrived I would consider obstruction charges for them but not for drag racing (sorry, street racing; they changed the name since I started).

Sorry, I don't know any case law to quote; just my opinions.