Cop Owns Teen 350z driver
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#18
Re: Cop Owns Teen 350z driver
With the thin blue line for an avatar, you're going to need to learn this statute. I'm telling it to you now so you don't learn it the hard way like most cops do.
http://leg1.state.va.us/cgi-bin/legp...00+cod+19.2-78
I know there's the last line there saying nothing in the section shall render unlawful an arrest out of uniform, but while the section doesn't there are judges who do.
Sit in a courtroom and see how may times you hear the phrase "wearing my uniform and displaying a badge of authority."
And that's just for the seizure.
There's this which WILL invalidate an arrest for certain types of officers.
http://leg1.state.va.us/cgi-bin/legp...00+cod+19.2-81
Suffice it to say, whether your judge follows that or not, if the events had occurred in VA the smart thing would have been to have the guy in a patrol car observe a violation and get him on that.
http://leg1.state.va.us/cgi-bin/legp...00+cod+19.2-78
I know there's the last line there saying nothing in the section shall render unlawful an arrest out of uniform, but while the section doesn't there are judges who do.
Sit in a courtroom and see how may times you hear the phrase "wearing my uniform and displaying a badge of authority."
And that's just for the seizure.
There's this which WILL invalidate an arrest for certain types of officers.
http://leg1.state.va.us/cgi-bin/legp...00+cod+19.2-81
Suffice it to say, whether your judge follows that or not, if the events had occurred in VA the smart thing would have been to have the guy in a patrol car observe a violation and get him on that.
Last edited by marlinspike; 12-18-2009 at 07:39 AM.
#19
Re: Cop Owns Teen 350z driver
With the thin blue line for an avatar, you're going to need to learn this statute. I'm telling it to you now so you don't learn it the hard way like most cops do.
http://leg1.state.va.us/cgi-bin/legp...00+cod+19.2-78
I know there's the last line there saying nothing in the section shall render unlawful an arrest out of uniform, but while the section doesn't there are judges who do.
Sit in a courtroom and see how may times you hear the phrase "wearing my uniform and displaying a badge of authority."
http://leg1.state.va.us/cgi-bin/legp...00+cod+19.2-78
I know there's the last line there saying nothing in the section shall render unlawful an arrest out of uniform, but while the section doesn't there are judges who do.
Sit in a courtroom and see how may times you hear the phrase "wearing my uniform and displaying a badge of authority."
#20
Re: Cop Owns Teen 350z driver
I'm not sure what the mechanism is that establishes this, but a plain clothes officer is supposed to show a badge. There are times when a judge doesn't care if they didn't, and there are times where the judge does care (really the case law says it shouldn't result in suppression if no constitutional rights were violated despite not showing the badge, but a person would feel pretty stupid throwing away a case because he didn't show his badge at the time of arrest).
Last edited by marlinspike; 12-18-2009 at 07:45 AM.