Bogus bust just playing

[rastaman123]

What is the name of your state? CO

me and my bro were out on the grass in a park playing hackeysack. what we were doing is kicking the sack back and forth WITH OUR FEET. this cop came along and took the sack away from us.

i admit i got a little mouthy and told him to give it back. he dint and pointed to a sign that the park had against people throwing frisbee or other projectiles in the park. he said the sack was a projectile. the sack is a knitted beanbag about teh size of your fist maybe smaller! then he gave me a ticket for violating the sign! its going to cost me $250 bones.

he never read me my rights. could i use that to get out of the ticket? i'm 17. can i fight the ticket without letting my parents know? even if not reading my rights won't get me out of it i can't believe a judge wouldn't find this total BS.

[fairisfair]

he never read you your rights??? He also never arrested you.

You need to tell your parents.

End of story.

[The Occultist]

Originally Posted by rastaman123

What is the name of your state? CO

me and my bro were out on the grass in a park playing hackeysack. what we were doing is kicking the sack back and forth WITH OUR FEET. this cop came along and took the sack away from us.

i admit i got a little mouthy and told him to give it back. he dint and pointed to a sign that the park had against people throwing frisbee or other projectiles in the park. he said the sack was a projectile. the sack is a knitted beanbag about teh size of your fist maybe smaller! then he gave me a ticket for violating the sign! its going to cost me $250 bones.

he never read me my rights. could i use that to get out of the ticket? i'm 17. can i fight the ticket without letting my parents know? even if not reading my rights won't get me out of it i can't believe a judge wouldn't find this total BS.

I don't believe the sign specified a minimum size requirement for the object to be considered a projectile. Learn to read. The signs aren't there to read themselves.

Haha I'd love to know where these rumors about being read rights come from. Do you think officers read rights before issuing a speeding ticket? Of course not! An officer only needs to read rights when arresting you AND interrogating you. Failure to read rights only means that the subsequent testimony cannot be used in the trial, it doesn't mean the person gets the charges dropped and he is let go.

I'm pretty sure the judge will enforce a rule, especially if the rule was posted on a sign nearby where you were going against it. It's time to talk to mommy and daddy.

[rastaman123]

dude the sign said THROWNG a frisbee or other projectiles. we were KICKING. if everything was a projectile how come they don't arrest everyone who tosses their trash in the can? at least they are THROWING something. who's the one who needs a reading course now?

i didn't think the rights thing would fly. a friend said it would but i told him that was so tv. i think i am going to have to go in front of a judge if i want to fight it. can i do that myself? do i have to have my parents do it?

[rastaman123]

one more thing. the cop took my sack and said it was evidence of the crime. can he do that? can i get it back?

[CdwJava]

To go befotre a judge you will need to have your parents ... at least that's how it works in most states. The citation or the notice you will receive later should specify if a parent is needed.

Yes, if the officer believes it is evidence he can take the hackeysack. If you prevail - or even if you lose - you can probably get the item back after court. if the matter is not prosecuted you might be able to get it back after going through the chain of command at the department.

It is also possible that there is a section covered under the municipal code even for hackeysacks. It is also possible that the city attorney or case law defines a hackeysack being kicked by the feet as being a "thrown projectile".

There is no way to know until you get to court.

To know for sure, find the specific code section you were cited for and look up the definition in your city's municipal codes. If you cannot find them on-line, check at city hall and ask for a copy of the section. That should tell you what the relevent elements of the offense are.

See what happens when you get a little lippy with the officer?

- Carl

[xylene]

Originally Posted by CdwJava

See what happens when you get a little lippy with the officer?l

The punitive nanny state is there.

With its signs and highly paid proffessionals - expert at putting young citizens in their place.

And where is that place - I dunno.

BUT IT ISN'T THE PUBLIC PARK.

[rastaman123]

i was in a public park playing hackysack. a cop came by and took it. I told him to give it back. i admit i didn't treat him like the god of truth justice or the american way. i didn't cuss or say anything rude except that he had no right to do what he did. im thinking the cop was more of a jerk that i was. everyone i talk to thinks so too.

cops should have to follow the law just like anyone else. i didn't break the law and im gonna have to spend a lot of time and trouble to prove it. didn't you ever see cartman? respect my authority! when a cop just starts making **** up he doesn't deserve respect.

[CdwJava]

Since you don't know he was making stuff up, you certainly can't argue that he was breaking the law in any way.

Maybe if you chilled that mouth you would have gotten a chance to walk away with the hackeysack. Did he ask you to stop playing and you told him to piss off or something? If you did not agree with his interpretation of the rules you could have stopped the playing and then made a call to the police department or the parks department and asked for clarification on the city code.

Once again I ask, have you looked at the code section you are accused of violating? if so, what does the section say?

- Carl

[K'Ta]

Originally Posted by rastaman123

dude the sign said THROWNG a frisbee or other projectiles. we were KICKING. if everything was a projectile how come they don't arrest everyone who tosses their trash in the can? at least they are THROWING something.

Use that as your defense in court. I bet you win.

[K'Ta]

Originally Posted by CdwJava

Once again I ask, have you looked at the code section you are accused of violating? if so, what does the section say?

- Carl

Carl, I get the feeling that even if this poster were to find and read the code he wouldn't understand it. Hopefully he has his looks to get by on. The evidence points to not much else to help him through life.

[rastaman123]

that supposed to be a klingon name? star trek is so cool! are you gonna wear a uni this haloween?! how's the rents basement?

at least carl gave me a tip. i guess the cop wasn't acting illegal. i still think he's a dick.

5-6-9 Projectiles on Mall.

(a) No person shall cast, throw, or propel any projectile on the mall. This prohibition includes, without limitation, throwing balls, boomerangs, bottles, darts, frisbees and other like devices, model airplanes, rocks, snowballs, and sticks.

i don't think they were talking about what i was doing when they wrote it. i do see how it applies to me.

is there any risk if i fight it? would a judge lower the fine in this situation? can he raise the fine to more than the amount on the ticket?

[CdwJava]

Originally Posted by rastaman123

at least carl gave me a tip. i guess the cop wasn't acting illegal. i still think he's a dick.

He probably thinks the same of you. I'm still guessing that he asked you to stop playing hackeysack and then you started the debate. Am I wrong?

i don't think they were talking about what i was doing when they wrote it. i do see how it applies to me.

Thank you for realizing that. I would tend to agree that hackeysack probably was not on their list. However, it does fit within the definition as you discovered.

is there any risk if i fight it? would a judge lower the fine in this situation? can he raise the fine to more than the amount on the ticket?

There should not be any risk in fighting it. The judge may agree with you that the ordinance was not intended for your activity. Or, the officer might not show up and you might win by default judgement.

If the courts in COP are like they are out here, the judge may not have the flexibility to loser the fine, but he might be able to waive certain fees and assessments that they might add on to the fine. If they can lower it, the court might do so.

Note: If you go to court, check the attititude at the door - about the cop and about the law. Be polite, respectful, and honest. A little respect will give you a chance ... a little disrespect could get you a contempt of court citation.

- Carl

[rastaman123]

i can be a smart ass. i respond that way a lot when challenged. not here until after he took the hackeysack. i saw the cop walk up and didnt' think anything of it. he walked between us and snagged the sack out of the air. i asked him whats up. he pointed to the sign and said don't they teach you to read in school? thats what sent me off on klingon dude and devil guy. i can read just fine thanks. why do some people in authority start off with insults? does it make them feel big? you shouldn't be suprised when you get what you give. anyways i still didn't know what he was talking about and i shrugged my shoulders and just looked at him. he asked what i have to say for myself. i used a stupid voice and said doi can i have my sack back? thats when he started writing.

would he have given a break if i said yes sir and no sir? maybe. what lesson do i take from this cop? be respectful? no. fake respect to satisfy their egos. leave the area whenever you see one. shut up when they talk to you.

[HappyHusband]

Post your address and I will mail you $2 for a new beanbag to replace the confiscated one.