Singled out Loittering ticket

What is the name of your state? Kansas

This is actually for my brother-in-law. He is 20 years old and hangs out with a bunch of car enthusiast. May I mind you that he has a very unique car which is a Toyota Scion special edition and is easily picked out of a crowd. Well, there were about 10-12 cars that night in this crowd and they were hanign out in one parking lot cause there is nothing else to do around here and they were all just chatting and such. A cop came up to them and just said they be careful and they don't have to leave but be careful. Very thoughtful of him! But anyway...they went driving around and didn't make it very far before he himself had to go to the restroom and stopped in at a Kmart parking lot and went in to use the restroom. He came out and they left and while they were driving out of the parking lot, a different cop waved all of them out until they got to my brother -in law's Scion and only pulled him over. Please note that there were 4 other people in his car at this time, but the cop ended up just giving him a Loittering ticket and no one else. This does not make sense to me because first it is in a public parking lot because it is within store hours and he did go in to use the restroom. They did not hang out there, but just to wait for him to get back from the restroom. Also, if he was loittering, shouldn't all those other cars gotten tickets as well, especially all the other people that were even in his car? Cause how could he be loittering and no one else was? So, should he fight this and if he does, what grounds does he have to fight this and what can he do for any evidence? Please help, I don't think he should get in trouble for something like this. Thanks!! Oh yeah, also, how can you be loittering if you are driving in your car leaving???

It depends on the definition fo the code section ... the elements. I agree, it may be odd, but, the officer mau have either not observed you using the facilities, or, rightly concluded that there was no lawful business for your brother and his friend to have been there.

He can go to court and fight it if he wants. And he might be able to challenge the validity or Constitutionality of the law if he has the money to fight it. Chances are he doesn't.

Go to court, argue it out, then accept the fine if it is imposed. You never know. The judge may agree that it was silly.

Personally, I would have porobably tagged everyone in the lot.

Carl

Yeah, he is debating on whether or not to fight it. I think if he did have the money to fight it, I personally think he would win and they would realize it is ridiculous. I think the max fine on it is 6 months in jail or $500.00, do you think that if he was to fight it he would face that? I also feel that it is kind of a biased situation. The judge works for the city and so does the cop. They are both on the same side, but who is on his side to say whether or not he is not guilty? Does it seem that way? Or am I just being ridiculous?

I have never heard of a judge working for the city ... if its a judge, he likely works for the county. If its some sort of local justice court, it could be a commissioner paid by the city or something.

But, my guess is they are not going to toss him in to jail for fighting it. If this were CA he'd get a fine - and that's it. But he should not fight it with the angle that there were others to cite in addition to him - that rarely flies. His only real fight should probably be that he was no tloitering ... not that everyone else did it, too (judges and cops HATE that - because its irrelevant and doesn't say that the person did NOT commit the act).

Carl