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#1
07-31-2007, 09:55 PM
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arrested for parkingWhat is the name of your state? nevada i was arrested for parking a commercial vehicle on a public street lvmc 11.48.090 i looked it up and its against the law but my question is if its legal to be arrested for it.
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#2
07-31-2007, 10:35 PM
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| You can be arrested for any violation of the law. There has to be a lot more to this story though.
__________________ If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me. No private messages, I do not reply to them.
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#3
08-01-2007, 12:12 PM
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| The LMVC makes everything not specifically specified otherwise a misdemeanor. The section under which you are cited isn't a Parking / Non-Moving violation (most of which are infractions) but general prohibitions on truck traffic.
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#4
08-01-2007, 01:14 PM
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| Did you refuse to remove the truck? Why did they say they arrested you? In other words, what charge was on the booking sheet from the jail? - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown
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#5
08-01-2007, 03:30 PM
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| Federal protections against false arrest (Actually, constitutional violations of the 4th amendment.) only protect you from being arrested without probable cause for any crime. In other words, if the police have probable cause for any violation of the law, you do not have a remedy against the police (For civil remedy only arguable probable cause would be needed for immunity.) or have cause to have any evidence supressed. No matter how minor the violation--including infractions like illegal parking or seat belt violations. Many states have laws regarding custodial arrests. For example, in Texas, a person who can properly identify themselves cannot be taken to jail for not buckling up their and their passenger's seatbelt. If a custodial arrest were made, there could be a state law remedy (like false imprisonment) for the violation.
__________________ When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it. --W. T. Pooh (aka A. A. Milne)
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#6
08-01-2007, 05:02 PM
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11.48.090 Heavy trucks in residence districts. No person shall stand or park a vehicle, trailer, or combination of vehicle and trailer which has an overall length greater than twenty-four feet or an unladen weight in excess of eight thousand pounds in any residential district, except when actually and expeditiously engaged in the loading or unloading of merchandise or when such vehicle is being used in conjunction with the performance of service, repair, construction or similar essential use within the immediate neighborhood. (Ord. 5319 § 1, 2001: Ord. 1021 § 17, 1963: prior code § 10-29-17)
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#7
08-01-2007, 05:05 PM
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| But an arrest is probably not common (if permissable at all) for such a violation by itself. Nevada's laws are similar to CA's and we cannot generally make a custodial arrest for such a violation. I would still like to know what other circumstance presented itself to compel the arrest ... lack of ID, attitude, refusal to comply, etc. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown
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#8
03-20-2008, 05:27 AM
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answersI would still like to know what other circumstance presented itself to compel the arrest ... lack of ID, attitude, refusal to comply, etc. - Carl Did you refuse to remove the truck? Why did they say they arrested you? In other words, what charge was on the booking sheet from the jail? - Carl when the officer first knocked on the door and asked me too step out of the truck i was sleeping (theres a bed in the truck) well he wanted me to step out immediatly and i didnt i told him i had to get dressed first which i did (which got him upset) it was july 4th weekend i think that might have played a part in being arrested i did offer to move the truck and had a good attitude, didnt refuse to comply with anything, let him search the truck even, i also think the police officers where fairly new and were practicing the arrest procedure on me, while i was in jail they went out and arrested some one that was just riding his bike (he did have a warrent tho) but they had no reason to mess with him well i went too court intending to plead innocent and let the judge decide the cop was there too i told the da everything that happened including the part where the cop threatened to take my wife to jail for asking why they were taking me to jail and other stuff that i cant remember but i ended up pleading guilty because he offered my bail money back and no fine for me. the officer didnt like that at all but i doupt he would of liked my testomony either
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#9
03-20-2008, 10:19 AM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
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#10
03-20-2008, 02:08 PM
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