Question:

Jaywalking arrest and cop's response was "we can do whatever we want to enforce the law"

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Some years back, Los Angeles got tough on jay-walkers to help alleviate the growing traffic problem. It was all over the news. I did jaywalk and got a ticket for it. I don't contest that. But when I did it, there was no cars anywhere to be seen. Once I got to the curb and traffic resumed, a police car turned on his lights, halted traffic, made an illegal U-turn, stopped in one of the active lanes tying up even more traffic and wrote me up. When I pointed out that he has now caused a huge traffic problem and asked if he can break the law to enforce it, he said, "We can do whatever we want to enforce the law".

Is that true?

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11 ANSWERS


  1. No, it's not true.

    In enforcing the law, policemen must also obey it.


  2. "..no cars anywhere to be seen. Once I got to the curb and traffic resumed, .."

    To answer your question, no it isn't true, and neither is your "story"...

    EDIT: Read the quote carefully, it didn't happen the way originally stated, so there goes credibility.. it's sad how many folks on YA think they are above Laws.... and once his Lights are on, it isn't an "illegal U-turn"... but hey, I digress, facts are irrelevant.

  3. Well I don't really know the law, but that is not true. They can't shoot a person with a gun unless that person seems to have intent to shoot. A person can be waveing a gun around in the air and they can't fire unless they or a civilian's life is in immediate danger. Regardless, this probably happened at the end of the month when cops need to have a certain amount of tickets by so you were really just dealing with a piece of **** douche bag if you ask me

  4. Let's stop being naive and dumb for a little while here folks. The police can do whatever they deem is right at that moment to enforce the law even if it means momentarily breaking the law... what's next, you're going to tell a police officer he can't engage in a high spped chase because the speed limit is 35MPH?

    Here's a simple rule to follow in life. If you break thelaw you can be and you may be subject to the law. That's all there is to it.  

  5. As a police detective in Florida, let me try and answer. I can only really speak for Florida specifically, but generally it is true everywhere.

    Example:

    I am running laser speed enforcement on a busy road that has seen a rising number of traffic crashes. I am stationary on the the side of the road. The speed limit is 40 Mph. My agency, and I personally, give someone on a main road 15 Mph leeway before we pull them over, unless they appear impaired.

    Okay, I measure a car going 65 Mph. It passes my location at that speed, it takes me a few seconds to safely pull out into traffic, if I drive at 40 Mph how will I catch the car going 60 with a head start?

    The law in Florida allows police officers exceptions to the law (while performing their duty). Among some of them:

    Possessing narcotics: How can we sieze it, test it, store it, buy it undercover if we couldn't possess it?

    Parking: We are allowed to disregard parking regulations in the course of our duties. I can block traffic during a high risk traffic stop, to road block, to stop traffic, to enforce laws, to be close to a business (fire lane), to prevent people from moving into danger, to preserve evidence, to provide tactical cover etc.

    Traffic Laws: I can speed, run red lights, stop on a roadway, jump a median, drive the wrong way etc. I must have a reason and I am required to turn on my lights and sirens for some of those, I am also liable civily.

    Battery: I am allowed to put my hands on someone, restrain them, punch them, cause them pain if need be to affect an arrest if I have probable cause.

    Those are some examples of exceptions, there are tons more. I am required; and it is prudent for me to do so; to document my actions and everything I do is subject to the review of the public, the courts, my supervisors, and the bad guys attorney.

    An officer has to use his common sense and discretion, sometimes enforcing something is going to cause more harm than the good of enforcing it. Some laws seem petty and are just really excuses to catch bigger ones.

    If I see someone jaywalking, I can now legally detain them, check them out, that's how we catch people with warrants. Do I write those tickets? Not really. If I stop a known criminal, like a suspect known to deal drugs, you bet I will because I can then search him and it makes his job harder by doing mine. Also he may not pay the ticket and get a warrant issued.

    So many murderers, terrorists, drug traffickers, etc were caught during a routine stop/encounter. An intuitive officer knows when something is fishy and when it's legit.

    Sometimes we are ordered to go "zero tolerance" on a particular issue. Sometimes it's legit and we are really trying to send a message and sometimes it's in response to political or public pressure in reaction to a publicized incident.

    Sorry about your ticket, I've been hit before too.

    Best Wishes

  6. sounds to me like he was just being an a**hole, they're bound to the same laws as you and i,the problem is we have to many idiot's wearing badges and guns ,these jerk offs tend to get a god complex when given authority this is why you see so many reports of police abuse on the news, women being forcibly strip searched in front of male officers, people being beaten beyond measure and even crippled by these legal thugs! we have got to draw a line somewhere or it's going to get worse!!

  7. actually they're supposed to obey ALL the laws.

  8. He wouldn't be there if you hadn't been in the wrong. Do you have a question, or just whining.  

  9. You did commit a crime in the presence of the officer.  He activated his over head red lights and then you made him have to block traffic because of your choice to brake the law... so in turn you made the traffic back up not him, you admitted to jay-walking and then turn it around on the officer... and yes we can in theriory brake laws to enforce laws, like the illeagl u-turn you speak of... however, as you said he turned his over head light on, and at that point every vehicle and person on the street is obligated by law to give the police car the right of way in all directions...  

  10. If a police officer is dispatched to a domestic violence call in progress at a residence with a history of domestic violence, should he drive the 35/45/55 MPH speed limits to get to the call or should he "break the law" and drive at a higher rate of speed to get to the call?

    Obviously, the caller wants the police to respond as quick as possible, which means that the officer must "break the law" to "enforce the law."

    Obviously there was a problem with jaywalking and a problem with people continuously breaking the law, and they wanted to prove a point. You said, traffic resumed, and you don't contest the fact that you got a ticket, which means you admit to breaking the law, and thought that it was frivolous for the officer to make a big deal out of ticketing you. However, if he has to enforce the law, he has to do so by all means necessary which often means breaking traffic laws.

    It's all a matter of opinion. Police aren't perfect, and those who think they should be have a rude awakening. Police are humans too.

  11. You have just met the ever growing arrogant attitude shown by police officers and their personal disregard for the Law. They don't U turn in pork sandwiches for nuffing    

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