tranquility
Senior Member
What is the name of your state (only U.S. law)? CA
I have a fairly simple set of facts which just happened, that has a fairly complex set of laws impacted; criminal, traffic, tort and misconduct are all involved depending on the point of view. While I think I know many of the answers, I am not entirely certain.
I just got back walking to the bank to make a deposit. I do this every day we have a deposit. My bank is on one corner of an intersection and on the diagonal one is another bank. At that other bank is a red painted curb with a No Stopping at Any Time sign. At the other bank there is a set of ATMs at the corner. Parking is difficult and everyone wants to park in the red as it is so convenient.
1 2
(My bank is 2, red curb is at 3, I walk up the street past 4.)
3 4
All week long at the time of my walk, there has been a city motor officer starting from the shade in the parking lot of a restaurant at 4. M-W there was at least one ticket given out to cars parking there by the motor officer during my walk. Today, as I was walking up, a minivan stopped there to let out a passenger but kept the motor running. The city motor officer whipped out an around, turned on the reds and started writing a citation. Since he did not approach the driver before starting writing, I assume a parking ticket for the red zone violation as all he would need is the license #.
Lady got out from driver position and started yelling something about not parking and the cop just pointed to the sign. I was texting while walking and turned on the video and recorded what was happening while continuing to walk.
After making the deposit, I left the bank, the minivan was gone and the city motor officer is back in the shade. All of a sudden a CHP cruiser turns the corner, parks in the red and the uniformed officer gets out to go to the ATM!
Knowing I couldn't pass this up, on comes the phone as I record the CHP getting out and going just to the ATM at 3, I pan to the city motor officer at 4 and I walk across the street to 1 and then to 3. While crossing to 3 the CHP officer finishes his transaction and gets back into his car. I walk by the car getting a good look at the license plate on the camera phone, the sign and the red curb. The CHP cruiser leaves and I return to the office and the computer.
Here I have something beautiful in my possession which will be shown to friends. But, with the power of the internet and youtube, do I have more?
Some issues.
1. In the first video, while the words are not understood because of the traffic and distance from the phone's microphone, you can tell the woman is screaming at the motor officer. California is a two-party state, but I was in public walking past an officer doing an official act. Did I commit a crime?
2. For the woman in the mini-van and not the public officials, by taking a video of her getting a ticket (Actually, her car getting a ticket.), did I intrude upon her privacy? Did I commit a tort?
3. If I put up the video(s) on youtube without the permission of any of the parties shown, would I have any civil liability for any tort? (Assume there are damages.)
4. In the second video, there is no conversation with anyone. I was just a CHP officer walking to the ATM, doing his business and going back to the car and of the car itself close enough to identify the license. Did I commit a crime in CA?
5. Did either of the two officers commit misconduct?
6. Since parking tickets can be issued to the vehicle, what would happen if a CHP cruiser got a parking citation from the city? Would there be an immunity? What?
I have a fairly simple set of facts which just happened, that has a fairly complex set of laws impacted; criminal, traffic, tort and misconduct are all involved depending on the point of view. While I think I know many of the answers, I am not entirely certain.
I just got back walking to the bank to make a deposit. I do this every day we have a deposit. My bank is on one corner of an intersection and on the diagonal one is another bank. At that other bank is a red painted curb with a No Stopping at Any Time sign. At the other bank there is a set of ATMs at the corner. Parking is difficult and everyone wants to park in the red as it is so convenient.
1 2
(My bank is 2, red curb is at 3, I walk up the street past 4.)
3 4
All week long at the time of my walk, there has been a city motor officer starting from the shade in the parking lot of a restaurant at 4. M-W there was at least one ticket given out to cars parking there by the motor officer during my walk. Today, as I was walking up, a minivan stopped there to let out a passenger but kept the motor running. The city motor officer whipped out an around, turned on the reds and started writing a citation. Since he did not approach the driver before starting writing, I assume a parking ticket for the red zone violation as all he would need is the license #.
Lady got out from driver position and started yelling something about not parking and the cop just pointed to the sign. I was texting while walking and turned on the video and recorded what was happening while continuing to walk.
After making the deposit, I left the bank, the minivan was gone and the city motor officer is back in the shade. All of a sudden a CHP cruiser turns the corner, parks in the red and the uniformed officer gets out to go to the ATM!
Knowing I couldn't pass this up, on comes the phone as I record the CHP getting out and going just to the ATM at 3, I pan to the city motor officer at 4 and I walk across the street to 1 and then to 3. While crossing to 3 the CHP officer finishes his transaction and gets back into his car. I walk by the car getting a good look at the license plate on the camera phone, the sign and the red curb. The CHP cruiser leaves and I return to the office and the computer.
Here I have something beautiful in my possession which will be shown to friends. But, with the power of the internet and youtube, do I have more?
Some issues.
1. In the first video, while the words are not understood because of the traffic and distance from the phone's microphone, you can tell the woman is screaming at the motor officer. California is a two-party state, but I was in public walking past an officer doing an official act. Did I commit a crime?
2. For the woman in the mini-van and not the public officials, by taking a video of her getting a ticket (Actually, her car getting a ticket.), did I intrude upon her privacy? Did I commit a tort?
3. If I put up the video(s) on youtube without the permission of any of the parties shown, would I have any civil liability for any tort? (Assume there are damages.)
4. In the second video, there is no conversation with anyone. I was just a CHP officer walking to the ATM, doing his business and going back to the car and of the car itself close enough to identify the license. Did I commit a crime in CA?
5. Did either of the two officers commit misconduct?
6. Since parking tickets can be issued to the vehicle, what would happen if a CHP cruiser got a parking citation from the city? Would there be an immunity? What?
