California Vehicle Code

[Johnmelissa]

CA - Carl, my next door neighbor/cop rides a super radical, chopped low-rider motorcycle that, even at idle, exceeds the CVC decibel level. He removes the baffles and revs the engine so that the noise probably exceeds 100db and can be heard for about a half mile...it vibrates the house. In this residential zone with a 25 mph speed limit, the noise created by this Riverside County Sheriff's Deputy is in violation of the CVC. I've read the CVC and I own and use a decibel meter that assesses the bike noise above 85db. Also, the neighbor/cop has a pickup truck with an after market muffler that is too loud as measured by my dB meter and the CVC. Why doesn't the local agency (LASD) cite their fellow "sworn police officer" for these violations? Beyond that, two of the neighbor/cop's personal vehicles have after market tinted windows that completely black out the interior. Why doesn't the local agency cite this "deputy" for these CVC violations? How can the local Sheriff and the Sheriff he works for allow him to blatantly violate the law and create a nuisance? Is that the mission of "sworn police officers?" How can his department employ him to enforce the law against citizens, specifically the CVC, while it has knowledge of his violation of the law? Does "law enforcement" pick and choose the laws they want to enforce? Is law enforcement privileged?

Finally, does the local agency have the information that my neighbor is an officer? Do agencies require that new officer/residents report? Does an officer tell the local agency when he moves into the neighborhood? Have you communicated with my neighbor as a professional courtesy?

Hope everything's going well for you and your family.

Thanks,

John

 

[AlmostALawyer]

Thank you for allowing us to read your mail.

How are we to know the answers of half of those questions. Has the neighbor approached the cop regarding the noise? What about a noise complaint? What about contacting the neighborhood association and collectively filing a complaint?

 

[CdwJava]

He removes the baffles and revs the engine so that the noise probably exceeds 100db and can be heard for about a half mile...it vibrates the house. In this residential zone with a 25 mph speed limit, the noise created by this Riverside County Sheriff's Deputy is in violation of the CVC. I've read the CVC and I own and use a decibel meter that assesses the bike noise above 85db.

Is the motorcycle on the street when it is being operated at that level? Or is it in the driveway or garage?

Also, the neighbor/cop has a pickup truck with an after market muffler that is too loud as measured by my dB meter and the CVC. Why doesn't the local agency (LASD) cite their fellow "sworn police officer" for these violations?

Probably because the local police do not have decibel meters for the sections that involve specific db levels, or are not well versed in the laws concerning modified exhaust systems (sections which do NOT require a measurement of db). These are, after all, niche specialties that most officers on local PDs do NOT know.

Ask most officers whether it is lawful to have a modified and loud muffler, and they will say no. I suspect that only about half of them will even be able to find the correct section, much less care to cite it.

If you want to know for sure, you would have to call the police department and ask them. A typical response for such a report would be for an officer to come out and ask the offending party to keep it down. A repeat visit by the same officer MIGHT result in a ticket IF the officer knew what to cite for.

Beyond that, two of the neighbor/cop's personal vehicles have after market tinted windows that completely black out the interior. Why doesn't the local agency cite this "deputy" for these CVC violations?

Why don't you ask them?

The police cannot observe and cite every offense ... they just don't. There are vehicles in my town that have no front plate, tinted windows, and even modified exhaust systems that we do not stop. Those that we do stop tend to be people who have drawn our attention for other reasons, or who we are simply tired of seeing flaunt the law. But, we do not just cite anyone.

If you have made repeated calls to the police about those specific violations yet they continue and no action has been taken, then that is something you might consider taking up (again) with the administration. However, as I have explained before, most enforcement is entirely discretionary and not mandatory, so there is really no way to mandate they issue a citation even if they do manage to witness the violation.

How can the local Sheriff and the Sheriff he works for allow him to blatantly violate the law and create a nuisance? Is that the mission of "sworn police officers?"

That is a question to ask of his employer.

How can his department employ him to enforce the law against citizens, specifically the CVC, while it has knowledge of his violation of the law?

Well, to be nitpicky, most deputies haven't a clue about the CVC anyway. Most counties utilize an MOU with the CHP for traffic enforcement unless it is a contracted municipality. I understand your point, but understand that very few deputies know squat about the CVC.

Does "law enforcement" pick and choose the laws they want to enforce? Is law enforcement privileged?

Legally, law enforcement officers are permitted to exercise discretion. One can argue whether this is right or wrong, but it is the law. Enforcement is largely a political decision and not a legal one. And to answer the last part, there is no LEGAL privilege exempting law enforcement officers from enforcement action if they violate the law - even the CVC.

Unless your cul-de-sac is unusual and has an officer stationed there, chances are no officer will be patrolling there unless you or one of the other neighbors calls them. Thus, the odds of them catching one of these violations as they occur is quite slim.

Finally, does the local agency have the information that my neighbor is an officer?

Unless the local officers know him personally or have been told by others that he is, no. However, if his license plates come back registered to a local law enforcement agency (something they are allowed to do for confidentiality) then the local officers that run his plates would have some idea that someone in the family is employed with that particular agency.

Do agencies require that new officer/residents report?
Does an officer tell the local agency when he moves into the neighborhood?

Nope.

Have you communicated with my neighbor as a professional courtesy?

Have I?!?! I have no idea who your neighbor is.

Did you mean to phrase the query differently?

Hope everything's going well for you and your family.

Work, city budget cuts, the flu, and another school year ended. Most all is well, thanks.

 

[CdwJava]

Thank you for allowing us to read your mail.

How are we to know the answers of half of those questions. Has the neighbor approached the cop regarding the noise? What about a noise complaint? What about contacting the neighborhood association and collectively filing a complaint?

This is an ongoing issue that Johnmelissa has with a sheriff's deputy from another county that lives next door to him and gives him no end of problems. The long and short of it is that the deputy's agency appears to be unable or unwilling to provide any relief to activities that could be characterized as "conduct unbecoming" and the local police department is likewise either unable or unwilling to take effective enforcement action against him on a variety of issues.

My personal opinion is that the neighbor is an idiot to keep needling away at Johnmelissa, but he may also be safe from internal retribution as a result of a very nebulous nexus between his employment/employer and the activity. And most the external retribution would come in the form of code violations or infractions that are not all that often cited anyway and are always a matter for discretion. While frustrating to our OP, he is unable to compel any retribution from the law against the neighbor for the neighbor's perceived harassment. A civil suit might be all that is left, but given the lack of tangible damages even that is nebulous.

 

[StevenJ_420Law]

Is there any chance of getting a CHPy out there or on this guy? CHP will give their own mother a ticket. In my experience, they have little qualm in citing another cop if violations are occurring.

I'm not sure why you cant place him under citizens arrest either. Go to the CHP office and file a report and tell them you want to file citizens arrest for any vehicle code infractions you have on this guy and bring all the identifying info you have. They will file it with the court and then, assuming he pleads not guilty, that will drag him before a judge and have him stand tall. You would be subpoena as a witness.

I'm not sure your history with CDW and that stuff may have been tried.

 

[CdwJava]

Is there any chance of getting a CHPy out there or on this guy? CHP will give their own mother a ticket. In my experience, they have little qualm in citing another cop if violations are occurring.

I'm not sure why you cant place him under citizens arrest either. Go to the CHP office and file a report and tell them you want to file citizens arrest for any vehicle code infractions you have on this guy and bring all the identifying info you have. They will file it with the court and then, assuming he pleads not guilty, that will drag him before a judge and have him stand tall. You would be subpoena as a witness.

I'm not sure your history with CDW and that stuff may have been tried.

The CHP is not likely to intervene so overtly within the jurisdiction of another agency unless it has an MOU to do so. Such MOUs do not tend to exist in municipalities with their own police departments, so I seriously doubt they will act on his complaint or request for a C/A.

There is also a belief in some law enforcement agencies that a C/A cannot be made for an infraction. That does not appear to be the case, but I'd say probably half the cops out there will admit they do not think it is legally possible.

I cannot recall if he has tried the C/A thing for the other acts, but I believe he has. But, even a C/A is no guarantee of going to trial as a prosecutor may still choose not to file the matter.

 

[Johnmelissa]

Carl's Opinion

Carl, thanks. I like to run these scenarios by you for my personal edification. Nothing personal but my wife and I are well aware that it is virtually impossible to get the "police" and code enforcement to do anything. There's the law and there are the police. A couple of court settlements to not make noise in our mutual side yards or shine flood lights on our house all night etc. cost us $30K...against a sworn police officer who has had 3 complaints sustained against him and who was at fault in a (police report) collision with my wife's parked car on our quiet cul-de-sac, among other nuisances and violations. I used to have the highest respect for police and the courts...which, by the way, denied a TRO because he's a "sworn police officer" after we provided a PREPONDERANCE of evidence including attempted battery or gross negligence in the operation of the vehicle in the collision I mentioned; trespass, physical threats, throwing of objects etc., etc. I forgot to mention he allows his small dog off-leash to defecate on my lawn and he was investigated for dog license violations. It goes on and on with a "sworn police officer."

Live and learn. I guess I watched too many episodes of Highway Patrol and that show with Joe Friday, what was the name..."Just the facts, ma'am?"

Yes, all these vehicles are operated on the street.

Yeah, that "query" was facetious until I thought, geez, you never know anymore. It's a brave new world, right? Sometimes there's a very thin line between the good guys and the bad guys.

I thought I had heard, as part of Homeland Security, that police officers that reside in an agency's area must make their residence known or that the information related to residence is provided automatically.

Thanks, Carl. A conversation with you is always an education. I appreciate your help. I hope all goes well for you and your family.

John

 

[CdwJava]

Yeah, that "query" was facetious until I thought, geez, you never know anymore. It's a brave new world, right? Sometimes there's a very thin line between the good guys and the bad guys.

Considering I have no idea who you are and where you specifically live, it would have taken a great deal of detective work for me to try and figure this out. Frankly, it wouldn't have been worth my effort. And had you been complaining about something in my town or county, I would have asked to meet a long time ago just to see if there might be anything I might do to keep it from getting even worse - for all parties.

I thought I had heard, as part of Homeland Security, that police officers that reside in an agency's area must make their residence known or that the information related to residence is provided automatically.

And I had heard that we don't need to get warrants for searches or wiretaps as a result of the Patriot Act. What we hear and what are fact are not always the same. This one is not a runmor I have ever heard.

The only reason I know how many other cops live in my jurisdiction is because I know them or have run into them in the community, not because they or the government have reported them to us.

 

[Johnmelissa]

Carl's Opinion

A P.S. related to the "query," I think I told you about the time I called about the neighbor/cop parking his monster truck well over and beyond the sidewalk blocking pedestrians including a baby carriage. As soon as I completed that call, the neighbor cop came running out of the house to move the truck. Either he got a call or he uses a police scanner to conduct criminal activity. That was weird to watch. I just don't see this as behavior that the public can respect. I don't see this as holding sworn public officials to a higher standard. To be sure, I have won multiple points of agreement to modify the activities of this neighbor to conclude a civil suit. A judge ordered him to remove flood lights in arbitration. I had three complaints sustained against him by his own agencies. It has been demoralizing to find that most agencies and courts will do very little against a sworn police officer. I had a judge in one TRO state that she had seen cops do a lot worse. Well, this neighbor/cop had just collided with my wife's parked car...he was trying to frighten and intimidate her by coming close but he screwed up and hit the parked car - one month after having trespass, harassment and detention complaints sustained against him. THE JUDGE HAD SEEN COPS DO WORSE! Then she told him to "watch your driving." To repeat myself, when I was in the military, the commanding officer would not have had any behavior close to this in his unit. That's really what I can't understand. This guy's behavior is an extension of his commanding officer and, ultimately, the Sheriff. I think the fundamental consideration here is "fitness for duty." As you pointed out so well, there is a very weak nexus to his job. There is, however, a direct connection to his personality, his rationality, the way he reacts in various situations and his mental fitness for duty. One minor example among many is that every time my wife is out gardening in the front yard he remotely honks his horn, makes "cat calls" and plays bizarre recorded music and sounds etc. He actually dedicates time out of his day to develop these "reaction scenarios" for when he catches her out there. This has been going on for ten years. From this individual, one would have to surmise that cops are not held to a higher standard and deserving of the utmost respect.

Great discussion. Thanks.

 

[Johnmelissa]

Carl's Opinion

I just thought of a time when I was a teenager and the father of one of my friends perceived me negatively or heard about something bad I had said even though I could never recall speaking to him, beyond hello, or addressing him directly. One phone call to my father and I was hauled out to my father's pick up and driven down to my friend's father's house. I was conducted up to the front door where I had to give a direct verbal apology in person and immediately. Geez, I hadn't even done anything and if I had it was in the realm of manners or etiquette. It was made clear to me that I was not going to do that again. Period. Yeah, I guess that was the old days. And I wasn't even a "sworn police officer" in possession of the public trust.

John

 

[CdwJava]

Okay, the guy is an ass. He is no more representative of all peace officers than any one person is representative of all the people in their particular profession.

These forums - and others - are filled with stories of people who are crappy neighbors and with their neighbors who are frustrated that "the system" either CAN not or WILL not do anything about them. In many instances, there is very little that can be done as the problems are usually quite minor from the city's perspective.

The employing agency cannot do a fitness for duty evaluation just because. Even if he has been dinged on some internal probes, it takes more than that to mandate a fitness for duty psych. evaluation.

Sorry for your problems, really. But this guy is not like any officer I know.

 

[Johnmelissa]

Carl's Opinion

That's right, when you look at it objectively, the neighbor/cop is not representative of all officers. Belive it or not, I had a peace officer ally in the beginning of this matter. After I got home from vacation, a local officer who had responded to a call, CALLED ME and spent twenty minutes reporting to me on what the neighbor/cop had done that lead to the complaints which were sustained against him. The local officer dropped the dime to me on the neighbor/cop. He was a great cop, now Detective. What probably set the local officer off was that the neighbor/cop called him a "prick." I think that became the prime driver in the complaint process and the good cop came to my house to read the letter I received that declared that the complaints had been sustained. I got the sense that the local cop did not like the neighbor/cop. So I'm not imagining any of this and the neighbor/cop has some stability issues as were delineated to me by the local officer in his twenty minute narrative. I guess I feel like I'm not believed because I can't see how a "sworn police officer" can behave like that, even to another officer (and his Sergeant), and still be employed. It's similar to a public celebrity or official using the N-word. They are GONE the next day.

Yeah, you are absolutely correct. The city does have a perspective wholly different from individuals. I have a "tree from hell" in my parkway which I would have removed at my expense years ago; even my gardener complains about it. From the city's perspective, having maybe 20,000 trees, it's healthy and requires no expenditure for any action.

Don't take that "query" personally, I just heard a news piece on how google retains, to this day, every key stroke that every user has every made and that courts can obtain that data. I didn't intend to disparage you in any way. We live in a brave new world of security cameras everywhere and ALL data existing somewhere in cyber space; eminently retrievable. Anyone with the right connections can find almost everything they need to know about a person instantaneously through a deep google search, PC hacking and ISP e-files.

By the way, to harass us, the neighbor/cop has 24 hr. lighting in front and 2 security cameras directed at our property 24/7. One camera points toward my daughter's bedroom window; she keeps it closed always. In arbitration, the judge said anyone may have security cameras on their property. I don't mind because I know they won't capture any illegal activity. Does your neighbor have lights and security cameras pointed at your house?

OK. Thanks for the discussion and perspective. I always appreciate it and I always learn something. Good luck.

John

 

[CdwJava]

No, my neighbor/counselor and my neighbor/retired teacher do not have lights or cameras pointed my way. Though we get calls from people who do, one of which is a librarian (with an attitude) who has a neighbor/contractor that has cameras and audio equipment mounted. He has wisely not admitted to the audio portion of those devices or submitted video (with audio) as evidence of his allegations as he might run afoul of the law if he does.

I know of a great many annoying neighbors here and elsewhere. What they do does not make someone less likely to be an ass. Idiots can come in all stripes, and most problems are not going to be resolved to anyone's satisfaction by Big Brother. In any government intervention in a dispute, at least one half of the participants are going to be miffed at the outcome.

 

[Johnmelissa]

Carl's Opinion

An astute observation. One party will be miffed.

Hopefully, it's the REAL bad guy!

One thing about life: it goes on.

Thanks