Category: Ask a Cop?

So many questions from Readers!

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Just a note that we are totally backlogged by your questions but are working to catch up again..

With over 1000 questions in the last few months alone its not easy to reply to all of them but keep them coming.

You can submit them here: http://www.coptalk.info/ask-a-cop-ask-us-a-question/

We want to thank all that have sent in their questions and hope that our replies have helped you with your different situations.

 

Episode #37 – CopTalk Podcast

    • In the News
    • Cameras and the Police – More coming in the next show….
    • NY Protests

    In The News:

    http://www.azcentral.com/video/1150177012001
    Phoenix Az brothel poses as church

    http://www.contracostatimes.com/weird-news/ci_18884594
    Courts–Man sues white castle over booth size

    http://www.contracostatimes.com/weird-news/ci_18883879
    burglar tries to claim reward money

    http://policelink.monster.com/news/articles/155535-off-duty-cop-dressed-as-clown-kills-teen-robber

    http://www.ohio.com/news/break-news/jail-inmate-lack-of-porn-violates-u-s-constitution-1.223893

    http://policelink.monster.com/news/articles/155485-didnt-expect-to-lose-finger-says-man-who-shot-off-wart

    http://www.huffingtonpost.com/2011/09/12/man-who-exposed-himself-t_n_958955.html#s359950&title=Daphne_Melin

    http://www.huffingtonpost.com/2011/09/15/gumby-theif-boss-joe-clokey-robbery-video_n_963507.html
    Gumby Robbery

    NJ police chief: Double-parking wife not above law
    The Associated Press
    Posted: 09/29/2011 10:14:13 AM PDT

    LODI, N.J.—A New Jersey police chief says no one is above the law—not even his wife.
    Lodi (LOH’-deye) Police Chief Vincent Caruso ordered an officer to ticket his wife after she double parked while dropping off their 5-year-old son at school.

    Caruso told The Record newspaper ( http://bit.ly/pksv9y) he didn’t want her to get any special treatment because of who she is. The chief paid the $54 ticket. It’s not the first time for Paula Caruso. The chief ordered another officer to ticket her two years ago after she forgot to move their vehicle for street cleaning. The chief told the newspaper he loves his wife and she’s very busy driving their four sons around. His wife couldn’t be reached for comment Thursday. The Carusos’ phone number is unlisted.

    Associated Press Posted: 10/03/2011 08:27:37 AM PDT Updated: 10/03/2011 08:29:33 AM PDT

    OAKLAND, Calif. (AP) — An Oakland officer’s city-issued video camera shows the shooting death of an armed suspect during a struggle with police. The Police Department won’t release details on what is depicted in the video of the Sept. 25 incident. The San Francisco Chronicle says the city of Oakland paid $540,000 for 350 wearable cameras last year from Vievu of Seattle. The cameras are worn on the chest of officers. Investigators say two officers pulled over a car and the passenger, who had a gun and drugs, fled on foot. One of the officers caught the suspect and shot him during a struggle. The name of the suspect and the officers has been withheld.

    A pair of Alabama conservation enforcement officers think they’ve come up with the perfect way for avid hunters to honor their loved ones for eternity. Officers Thad Holmes and Clem Parnell have launched Holy Smoke LLC, a company that will, for a price, load cremated human ash into shotgun shells, and rifle and pistol cartridges.

    It’s the perfect life celebration for someone who loves the outdoors or shooting sports, Parnell says.
    “This isn’t a joke. It’s a job that we take very seriously,” he said. “This is a reverent business. We take the utmost care in what we do and show the greatest respect for the remains.”

    The company, launched in July, shipped out its first two orders on Sept. 16 – one from Florida and one from Kentucky – Holmes says. It has established www.myholysmoke.com to promote the service and traffic on it has been growing , Holmes says.

    For $850, one pound of ash will be loaded into 250 shotgun shells. The ash is mixed in the cups that hold the shot, not the powder. The same amount of ash will fill the bullets of 100 standard caliber center-fire rifle rounds or 250 pistol rounds. For the rifle and pistol ammunition, the ash is put into the tips of hollow-point bullets with the cavity sealed with wax. Any remaining ash is shipped back to the customer, along with the loaded ammunition.
    “Some people have been concerned that a small amount of ash will remain in the animal that is shot with the ammunition, Holmes said. “But it’s just carbon, and a small amount at that. You don’t have anything to worry about.” The process takes about 48 hours from the time the ashes are received, Holmes said. “The people we use are all experienced reloaders and know exactly what we want them to do, he said. “Only one bag of ash will be opened at a time, and the equipment will be thoroughly cleaned before the next set of remains is loaded.

    Tim Godwin, a Montgomery landscaping company owner and avid hunter, says he sees no problem with the practice.

    “People have had their ashes sprinkled in rivers and the ocean, there have been ashes spread out of airplanes,” he said. “If you love hunting or the outdoors, this really isn’t much different.”

    People should take care in with how the meat that is shot with this ammunition is handled, cautions Robert Chapin, a toxicologist who worked for 18 years at the National Institute of Environmental Health Sciences.
    The animal should be killed quickly by the shot, to prevent any possibility of spreading the ashes in the animal’s blood, he says. The area around where the animal was struck should not be consumed.

    “I would expect that the ashes would pose less of a problem than any lead pellets historically used,” Chapin says.

    ————————————————————————————————————————————————————

    Serious crimes to warn people about http://www.contracostatimes.com/crime-courts/ci_18884334
    SJSU sexual assault  (Don’t walk alone, don’t take risk)

    ———————————————————————————————————————————————————–

    And a recent local robbery where 2 suspects used a ruse to get an elderly couple in their 70’s to open their door at 0130 hrs, tied up the woman and beat the man until he opened a safe.

    ————————————————————————————————————————————————————

    Subject: New California law bans warrantless cell phone searches

    http://edition.cnn.com/2011/09/20/tech/mobile/california-phone-search-law/

    New law bans warrantless cell phone searches

    Editor’s note: Amy Gahran writes about mobile tech for CNN.com. She is a San Francisco Bay Area writer and media consultant whose blog, Contentious.com, explores how people communicate in the online age.

Answers to questions are going out….

Sadly we have been severely backlogged with questions and are finally getting caught up. Thou some might not like the answers, they are going out to people as I type.

Keep them coming!

  • Some notes, please remember to give enough details with your question so we can try to best understand the issue and give an educated answer.
  • If you really want an email back, you need to give a valid email
  • If you do not want to be mentioned on the show, please let us know in the request
  • Not all questions will be answered but we try to answer most of them
  • Not all questions can be answered in a timely manner, so if its an emergency or life threatening, call 911 or your local law enforcement

 

  • Rocobop_grande

Ask a Cop?: Failure to yield to an emergency vehicle

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—–Original Message—–

From: katie
Sent: Thursday, August 29, 2013 7:32 AM
To: info@coptalk.info
Subject: failure to yield to emergency vehicle?

If a cop already has someone pulled over on the side of the road, and you swerve around them but don’t go completely into the second lane, is that a considered a failure to yield to an emergency vehicle?

I received a ticket last night for this and I don’t feel that I did anything wrong. When the cop was done giving the car he had pulled over a ticket (I’m just guessing he did) he then turned on his lights and I pulled to the side thinking he had to get somewhere. But then I realized he was pulling me over. And gave me a ticket saying I failed to turn completely into the second lane while he was on the side of the road. However I did not fail to yield to him because I swerved around him pulling over the other car, and again pulled off to the side of the road when he pulled me over.

Would you agree that I do or do not deserve a ticket? I usually don’t disagree with cops, but a $178 ticket for failing to yield when I did in fact yield, I even slowed my car down as I went by him (because I always feel extra cautious when driving by a cop) and swerved around them. His arugement is that I did not turn into the second lane on the road. However, I did partially turn into the second lane, it just wasn’t a complete 100% turn into the other lane.

Do I deserve this ticket or can I go to court and fight it?

_______________________________________________________________________________________________________

ANSWER:

The law is often interpreted differently by different people. If you go to court and say you slowed down and partially changed lanes before passing, it will be your word against the officers. I see people disobey this law quite a bit because they just are not aware of it. If you go to court and say you knew of the law and explain the actions you took the judge may or may not side with you. In the least, if the officer doesn’t show up the citation will be dismissed. Sounds like you feel you did enough while the officer felt you didn’t do enough. If you feel strongly that you didn’t deserve the ticket you should go to court to fight it. Just remain calm, don’t interrupt the officer, and wait for your turn to explain your side. Photos of the scene would be helpful showing your view as you approached the area. With an enlarged photo you’ll be able to show the judge exactly what you did. People with great photos and prepared for their case often have a good chance in court rather than the people who just show up empty handed and say they are innocent.

Here’s the law:

The Law

Vehicle Code 21809.  (a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, absent other direction by a peace officer, proceed to do one of the following:

(1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law.

(2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions.

(b) A violation of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50).

(c) The requirements of subdivision (a) do not apply if the stationary authorized emergency vehicle that is displaying emergency lights, the stationary tow truck that is displaying flashing amber warning lights, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights is not adjacent to the freeway or is separated from the freeway by a protective physical barrier.

CopTalk Staff