Evading Cop with skateboard

[jtk]

What is the name of your state (only U.S. law)? ca

I was sk8ing down the street, actually on the street and this cop came and flashed his lights 1 time and drove slow beside me. He had his window down so i was like "yeah?" and he didn't say anything. He just kept following me. I shrugged my shoulders and said "what's up?". He didn't say anything he just stared at me. So I figure he wants me to get off the street so I jump onto the pavement and went to go down this alley. I could hear him speed up and like he was going round the corner to go to the other side. So I went back the way I came from. About 20 mins later I was at the sk8 park and the cop shows up and grabs me and says I'm under arrest for evading police and he searched me and threw me in his car and took me to the police station & my mom had to come get me. And the cop gave my mom some piece of paper saying i have to go see a probation officer. And said my parents can pick up my board in 30 days.

How is that evading police? Shouldn't the cop have been like...I dunno..."Stop" or something? I'm no mind reader.

 

[CdwJava]

What is the name of your state (only U.S. law)? ca

I was sk8ing down the street, actually on the street and this cop came and flashed his lights 1 time and drove slow beside me. He had his window down so i was like "yeah?" and he didn't say anything. He just kept following me. I shrugged my shoulders and said "what's up?". He didn't say anything he just stared at me. So I figure he wants me to get off the street so I jump onto the pavement and went to go down this alley. I could hear him speed up and like he was going round the corner to go to the other side. So I went back the way I came from. About 20 mins later I was at the sk8 park and the cop shows up and grabs me and says I'm under arrest for evading police and he searched me and threw me in his car and took me to the police station & my mom had to come get me. And the cop gave my mom some piece of paper saying i have to go see a probation officer. And said my parents can pick up my board in 30 days.

How is that evading police? Shouldn't the cop have been like...I dunno..."Stop" or something? I'm no mind reader.

The lights are generally a good indicator that he was attempting to affect a detention.

What specific offense have you been charged with? (Code section, please.)

Since you did not go to juvenile hall, chances are this will be resolved without a "true finding" (a conviction) by a juvenile court through a conversation with the probation officer and your promise to follow the law and be a generally good and decent fellow for the next year.

Next time, stop for the flashing lights.

 

[davew128]

I don't know Carl, one would expect an officer who is asked if they want something to actually say something. Especially when asked twice. We're talking a skateboarder here, not a motor vehicle. If I were jogging and something similar happened, I'd react the same way.

 

[CdwJava]

I don't know Carl, one would expect an officer who is asked if they want something to actually say something. Especially when asked twice. We're talking a skateboarder here, not a motor vehicle. If I were jogging and something similar happened, I'd react the same way.

We're also assuming that the kid actually said something that could be heard by the officer. And we don't know that the officer didn't yell for the kid to stop. However, in 22 years I have generally had pedestrians, bicyclists, and skateboarders pull over and stop when I hit the lights. The most common reaction is for people - even kids - to stop, not continue on.

Also, since "evading" under the Vehicle Code wouldn't apply here, I suspect there is more to the story and the actual charge will be resisting, obstructing or delaying an officer per PC 148(a).

 

[jtk]

The cop didn't yell anything at me and he could have heard me.
There's not more to the story, I included all the details. He only lit his lights one time and then he just cruised beside me looking at me. I slowed down and was basically just rolling while I said yeah and what's up. I was facing him and looking straight at him. When he didn't seem to really want anything I pushed off and jumped up on the pavement.

It says PC 148(a) VC 21212 (a)

 

[CdwJava]

So, you are being charged with not wearing a helmet while skating, and with resisting/obstructing/delaying a peace officer. For whatever reason, the officer apparently felt that you fled from him. Whether his perception is reasonable or not is something I cannot ascertain as I was not there and have not heard his side of the tale.

Fortunately for you, chances are a court never has to hear the matter at all.

As previously mentioned, if you are scheduled to go before a probation officer this is an initial screening that will decide whether or not you deserve to go before a court. The proper demeanor will keep you out of court and will likely result in the allegation disappearing in 6 months to a year. Note that "a proper demeanor" would mean your being apologetic and agreeing to comply with the law in the future ... that also means wearing a helmet and any pads that might be required in the skate park.

Once again - for future reference, when an officer's lights are flashing, STOP.

 

[jtk]

Ok thanks but when did I resist obstruct or delay? What happened to evading? That's what he said.
I responded to him and I don't understand why he can't say "stop" when he has all the time too?

 

[jtk]

... that also means wearing a helmet and any pads that might be required in the skate park.

what, is 1 of those charges about helmets in the sk8 pk? I wasn't even sk8ing when he got there.

 

[CdwJava]

Ok thanks but when did I resist obstruct or delay? What happened to evading? That's what he said.
I responded to him and I don't understand why he can't say "stop" when he has all the time too?

I suppose he is claiming because you did not stop for him that you "evaded" him - and that evasion is what he is alleging in the resisting and obstructing charge.

And, I don't know about you, but I don't commonly yell out my car window when I'm following someone to yell "stop" when my lights say it better than I ever could. And, if you were along my right side, I might not hear you anyway. MAYBE I would point at you and to the curb ... but, usually I don't have to. I can't recall a time when someone ran from me who was not actively trying to avoid contact with the police ... and I've been at this for 22 years with a special assignment working juvenile crimes some years back, and even those kids yielded when I flashed the lights. It's not common for kids to keep going unless they are actively avoiding the officer.

what, is 1 of those charges about helmets in the sk8 pk? I wasn't even sk8ing when he got there.

No. The law (VC 21212(a)) requires that skateboarders wear helmets. When I mentioned obeying the law with regard to pads and the like, I was referring to any agreement you make with Probation to avoid being prosecuted and how it might include agreeing to obey all laws ... that would include wearing your helmet at all times, and obeying the rules (likely also the law per municipal ordinance) at the skate park which could include pads in addition to helmets.

Oh, and you are not texting. The cutesy abbreviations are the realm of the juvenile and the uneducated. Try not to use them when engaging in discourse with adults. It's spelled, "skate."

 

[jtk]

And, I don't know about you, but I don't commonly yell out my car window when I'm following someone to yell "stop" when my lights say it better than I ever could. And, if you were along my right side, I might not hear you anyway. MAYBE I would point at you and to the curb ... but, usually I don't have to. I can't recall a time when someone ran from me who was not actively trying to avoid contact with the police ... and I've been at this for 22 years with a special assignment working juvenile crimes some years back, and even those kids yielded when I flashed the lights. It's not common for kids to keep going unless they are actively avoiding the officer.

He flashed his lights 1 time. So i figure he's just trying to get my attention and that he's got something to say or something. So I waited and asked him and waited and asked him and waited and then did what I figured he wanted (get off the street).
If I was the cop I would have left my lights on or pulled in front and stopped or pointed at the curb or at my head for helmet or said "stop". I think I'd make a better cop than him.
I didn't "run" from him. I just left him to do his own thing in his own sweet time. And then I stopped and went back the other way because cops are annoying to sk8ers.

 

[TheGeekess]

He flashed his lights 1 time. So i figure he's just trying to get my attention and that he's got something to say or something. So I waited and asked him and waited and asked him and waited and then did what I figured he wanted (get off the street).
If I was the cop I would have left my lights on or pulled in front and stopped or pointed at the curb or at my head for helmet or said "stop". I think I'd make a better cop than him.
I didn't "run" from him. I just left him to do his own thing in his own sweet time. And then I stopped and went back the other way because cops are annoying to sk8ers.

"sk8ers" are annoying to cops, too.

 

[CdwJava]

He flashed his lights 1 time. So i figure he's just trying to get my attention and that he's got something to say or something. So I waited and asked him and waited and asked him and waited and then did what I figured he wanted (get off the street).

I'm not the one you need to convince. In fact, unless you choose to be obstinate towards the Probation officer, you'll never have to prove anything to anyone in this situation. You can either be contrite and apologetic, or, you can be argumentative and defensive. One will keep you out of court, the other will guarantee you go. Your call.

If I was the cop I would have left my lights on or pulled in front and stopped or pointed at the curb or at my head for helmet or said "stop".

Pulling in front would be dumb, dumb, dumb for a host of reasons. And what YOU would have done is irrelevant.

I think I'd make a better cop than him.

You're a teenager (I presume), that means you believe you could do and know most everything better than someone else. It's the nature of the beast.

I didn't "run" from him. I just left him to do his own thing in his own sweet time.

And look where that got you? (And, see my first comment.)

And then I stopped and went back the other way because cops are annoying to sk8ers.

Just as skaters are annoying to the police, to local business owners, pedestrians, and a host of others that find their ways annoying, rude, disrespectful, and even criminal. When I was in San Diego County skateboarders accounted for thousands of dollars of damage to city and private property each month.

Once again: Portray the proper attitude and obey the law going forward, and this is should amount to nothing. It seems clear to me that you have no intention of accepting any responsibility for what happened, and more than likely will not obey the law in the future regardless of how this turns out. As such, expect many future contacts and you better hope that you mature and grow up before these contacts have a permanent impact on your future ... assuming, of course, you expect to do something with your life beyond skating.

 

[stealth2]

I would add that "proper demeanor" should include dressing appropriately. At the VERY least a clean (and well fitting - none of this a$$-crack showing "fit") jeans (no holes, either) and a collared shirt (polo wold be fine). Not "sk8tr" wear.

And yeah - CDW's right - lose the text speak when addressing. Also - the proper way to address an adult (cop or not) is "Excuse me, can I help you?" rather than "yeah?" or "whassup?" Maybe while you don't have your board, your parents can help you learn some social graces.

 

[tranquility]

And, I don't know about you, but I don't commonly yell out my car window when I'm following someone to yell "stop" when my lights say it better than I ever could. And, if you were along my right side, I might not hear you anyway. MAYBE I would point at you and to the curb ... but, usually I don't have to. I can't recall a time when someone ran from me who was not actively trying to avoid contact with the police ... and I've been at this for 22 years with a special assignment working juvenile crimes some years back, and even those kids yielded when I flashed the lights. It's not common for kids to keep going unless they are actively avoiding the officer.

When did it become illegal to actively avoid the police?

A quick flash of a red light is now officially a detention? Since there are cops who may just want to talk with a person, consensually of course, would that preclude a quick flash of the reds for fear of making things a detention? I mean, what would a reasonable person conclude?

 

[CdwJava]

When did it become illegal to actively avoid the police?

Evading a detention has always been an action that can get you charged with 148(a). Apparently that is what the officer is alleging.

A quick flash of a red light is now officially a detention? Since there are cops who may just want to talk with a person, consensually of course, would that preclude a quick flash of the reds for fear of making things a detention? I mean, what would a reasonable person conclude?

Whether the flashing lights will be sufficient, or whether the officer says he did more, we don't know as a judge will not hear the case unless junior cops an attitude with the probation officer. And, from the sound of it, it was hardly a "quick" flash of lights.

However, experience tells me that a "reasonable person" (including a teenager) stops for those lights - even on a skateboard. Whether a judge might consider that reasonable or not, who knows. I've never had to try the theory out in court because most everyone has chosen to stop. Those that haven't tended to be wanted for things more serious, anyway.