Arizona Law: Police conduct and Evidence obtained

[CdwJava]

Yea, but Carl, the police report takes property and puts people in jail.

The police report doesn't do that, the officers do. The report is a record of events, actions and observations.

 

[CdwJava]

The first thing I thought of when the OP said his cash was taken and bike seized was civil asset forfeiture.

But, it will cost him far more than the assets seized to fight for them back. He could try asking the Institute for Justice for help.

TD

Admittedly, that was my first thought. But, I believe that even in AZ you have to seek charges for distribution to begin that process ... unless these were feds in which case the rules are different. On the other hand, it could be that the wallet was on his bike or in something else that was seized for some reason.

At this point we do not know WHY anything was seized.

 

[quincy]

I agree, TigerD. Either The Institute for Justice or the ACLU would be good to contact if, in fact, this concerns a civil asset forfeiture. The ACLU is already suing over the constitutionality of Arizona's asset forfeiture laws and they could add PackaPunch's experience to all of the others they have gathered.

A link to the ACLU in Arizona: http://www.acluaz.org/, and to information on the recent action: https://www.aclu.org/news/aclu-challenges-civil-asset-forfeiture-laws-arizona

While I would like to think that all is well and good with law enforcement in Arizona (and in every state), I am not naïve enough to believe that this is so. There are too many reported abuses to accept blindly that whatever officers do is within the laws they are sworn to uphold. And, as I said earlier, something seems wrong with what has been described.

 

[dave33]

The police report doesn't do that, the officers do. The report is a record of events, actions and observations.

Well, you know what I meant. It's the legal justifications for the act. You can call it a record of events, actions and observations, I'll stick with my original opinion.

I'm not saying this without reason, I've never heard anyone say "the police report was an accurate representation of the facts". Even after the case is settled and there is no reason to lie.

Anyhow, I guess I'm getting away from the topic of the original post.

 

[dave33]

Admittedly, that was my first thought. But, I believe that even in AZ you have to seek charges for distribution to begin that process ... unless these were feds in which case the rules are different. On the other hand, it could be that the wallet was on his bike or in something else that was seized for some reason.

At this point we do not know WHY anything was seized.

Since everybody is being so politically correct.... Let me express what I think maybe some posters may be thinking....maybe. This could just be a simple robbery. No paperwork, no camera footage. The offenders word against law enforcement. Sounds like a typical case of "you're screwed suck it up".

 

[CdwJava]

And, it might be a case of the OP was out and engaged in the illicit drug trade and he got caught. Maybe he didn't get caught with his hand completely in the cookie jar, but that doesn't mean that he was not engaged in illicit activity.

The point is, WE DO NOT KNOW what happened. We have part of one interpretation of events, and an incomplete part, at that.

 

[CdwJava]

NEW INFO UPDATE....Q/A

It is best to post this as a new post in the thread rather than updating a previous one. We don't tend to scroll up in a thread.

And, thanks for posting the update and clarifications.

1. I was able to pick my bike up from impound yard the very next day. For a $310 fee. So that's why I didn't make a fuss about getting bike back.

2. They towed it, I'm sure, to try and teach me a lesson. Had recieved a ticket out there for the same thing, excessive speed (67 in a 45).

Out here we have to list a Vehicle Code authority on the form used to impound vehicles. What authority or reason did they provide to justify the impound?

3. I live in AZ riding in the daytime heat for a relaxing ride is a pretty stupid and ignorant thing to do when it's 115° outside. So night riding for almost all riders out here becomes a normal part of going out.

Okay. Much the same here during part of the summer (though not usually over 110). But, as intimated to other posters, there are other reasons why people might be riding in rural areas and experience tends to tell us that there are very, very, VERY few aimless and recreational riders late at night, so they tend to attract attention.

4. Why did I have cash on me, because I was transferring money to my mom to save her home from slipping into foreclosure. I pulled the money from safe and was going to get a money transfer but WU closed by the time I got off work. So I took a detour through the canyons on my way home.
.....And because also because I CAN. IT'S NOT ILLEGAL TO CARRY CASH LAST TIME I CHECKED. =)

That's true. Of course, I never really commented on the cash, only the reason why they seized it. That's the rub. If it's for asset seizure, they will have to charge you for drugs (or at least argue that they were the proceeds of criminal activity - hard to do on a traffic stop for speed and no arrest).

5. Why did I have weed in my backpack that was the size of nickel, for severe muscle spasms and RLS. They won't give you a PHMM card for those because it's not frequent and constant pain. So I have a small emergency dose I keep on hand.

But, it's an illegal "dose," so there was a crime committed. You may be lucky that they chose not to charge you for it.

6. License, registration, insurance and motorcycle endorsement ARE ALL 100% CURRENT AND VALID. I have no warrants, no felony record, just a few traffic tickets.

Those might add up and cause you to lose that license. You may want to evaluate your driving.

I'm a 26yr old white female, who wouldn't bother hiding facts or making blanks in a post asking for free advice from an online forum site......because you don't know me and I don't know you and chances are we'll never meet in person. So why would I worry about withholding embarrassing facts or criminating details. I want honest truth and advice and in order to get that one must produce honest facts and statements.

Even online, many posters conceal info to try and make themselves look better or to make others look bad. Many posters seek affirmation, not advice. Hence, the reason many withhold facts either intentionally or unintentionally.

They STILL have to have a lawful reason to impound the bike, AND to impound your wallet and money. Unless the wallet and cash were taken and accidentally NOT returned to you, they have to justify this somewhere. It may be a weak justification, but, it will be written somewhere.

So, what were you told when you called the agency up to ask for your property back?

 

[PackaPunch]

The tow form has an evident check mark through the box for ARREST, and that's all, no side notes or ARS code either.

The report from the officer is half a page long, and basically is wrote out sounding like the officer giving himself glorification and kind of a (know it all-****y-show off)

for example:

[Deputy S. Eversole Reports]

"I observed 2 motorcycle traveling at a high rate of speed with my trusted Kustom Signals Raptor Radar RP-1 which alerted me of the speed on the lead motorcycle to be 67. At which point I turn my fully mark patrol vehicle around and proceeded to get behind the lead motorcycle barring LIC plate MYMC8A."

that is 100% VERBATIM.

Ya know I would be fine if it was an honest mistake that he took my wallet containing my money, social security card, debit cards, family pictures....really I would.....but it wasn't. I told the officer that money was very important to me and it's all the money I had. "He replies "Nah I saw a loose $10 and some $1's in the front pocket of your backpack, you'll be just fine".

No paper stating what exactly they took, how much they took, why it was took....they just took it, gave me a speeding ticket, then dumped my ass off at a gas station. Btw I wasn't really out riding late at night, it was 10pm when I got stopped and they held me there till it was 12:23.

 

[CdwJava]

The tow form has an evident check mark through the box for ARREST, and that's all, no side notes or ARS code either.

The report from the officer is half a page long, and basically is wrote out sounding like the officer giving himself glorification and kind of a (know it all-****y-show off)

for example:

[Deputy S. Eversole Reports]

"I observed 2 motorcycle traveling at a high rate of speed with my trusted Kustom Signals Raptor Radar RP-1 which alerted me of the speed on the lead motorcycle to be 67. At which point I turn my fully mark patrol vehicle around and proceeded to get behind the lead motorcycle barring LIC plate MYMC8A."

that is 100% VERBATIM.

That's not being a "show off" that's writing the report as he has been taught. In that sentence he identified what caught his attention, how and with what the initial speed was determined, and he identified the vehicle. A "fully marked" vehicle is important to note because of laws regarding stopping/yielding to an officer as well as determining whether it was reasonable to believe he was an officer or not.

Ya know I would be fine if it was an honest mistake that he took my wallet containing my money, social security card, debit cards, family pictures....really I would.....but it wasn't. I told the officer that money was very important to me and it's all the money I had. "He replies "Nah I saw a loose $10 and some $1's in the front pocket of your backpack, you'll be just fine".

If it wa not an accident, then there had to be some stated reason to seize the wallet. When you called the station asking about the property, what did they tell you about it and how you could get it back? If you have not called, why not?

No paper stating what exactly they took, how much they took, why it was took....they just took it, gave me a speeding ticket, then dumped my ass off at a gas station. Btw I wasn't really out riding late at night, it was 10pm when I got stopped and they held me there till it was 12:23.

A cite for the speed was fine. I am still curious as to why they towed the bike if you were licensed, it was registered and insured, and nothing else was amiss. Unless, of course, you "arrest" was the speeding ticket. I did not know that in AZ a traffic offense constituted an arrest, but, in some states it can.

What was the code section you were cited for? I'm wondering if you were cited for a speed contest or something more than simply exceeding the speed limit.

Also, did you cop an attitude with the officers at the scene? That might explain why they may have gone the extra mile to screw with you. Discretion can be a powerful tool.

 

[CdwJava]

To add to the report writing element of this, reports are not written to entertain but (in theory) to record the events of an incident. This also means that they can come across stiff and very Joe Friday like, and many reports will sound the same. This is because we are often taught to write using a specific template, or, a series of phrases and expressions, that cover the basics.

For instance, most every one of my reports resulting from a radio call will begin with something like this:

"On <date> at approximately <time> I was on duty in full uniform and operating a marked <agency name> patrol unit (<unit #>) when I responded to a radio call of a <nature of incident> being reported at <address>. I responded from <address> and arrived on scene at approximately <time>."

These two sentences set the stage for where I was, what I was wearing, what I was driving, what kind of call I was responding to, and when I arrived on scene. This information can be important later on so it is important to capture. And sometimes the best way to make certain certain information is captured in the report is to have a rote method of writing some portions of the report so that you KNOW it is captured.

So, while there may be some "show off" officers who write long, verbose, flowery prose in their reports, most do not. When we do (and I'm one) it tends to be because we are either bored, in "a mood," or our training officers didn't shut us down when we were young boots (one of mine once to told me to "knock off the million dollar words with ten cent meanings" ... he went on to explain that prosecutors have short attention spans and cannot manage words with more than two syllables).

 

[PackaPunch]

If it was not an accident, then there had to be some stated reason to seize the wallet. When you called the station asking about the property, what did they tell you about it and how you could get it back? If you have not called, why not?

Yes I called the evidence department and a lady said my belongings were there and I asked her if they had recorded and counted the exact amount of cash that was in the wallet and if all of my cards were also noted and counted..etc. She replied with "Yup its all here but nothing saying its up for release." I then ask her if she can confirm with me the amount of cash they have recorded to which she snapped in an irritated tone "Nope I'm not gonna do that, if you want your stuff back call the officers department and ask them. Only the courts and the issuing officer can give us permission to release evidence".

So I called MCSO, leaving a request for a callback from Mr. Eversole .....that was 2wks ago. No callback.


A cite for the speed was fine. I am still curious as to why they towed the bike if you were licensed, it was registered and insured, and nothing else was amiss. Unless, of course, you "arrest" was the speeding ticket. I did not know that in AZ a traffic offense constituted an arrest, but, in some states it can.

[/QUOTE]What was the code section you were cited for[/QUOTE]

ARS: 28-701.02A2
Exceed Limit 20/45 MPH

(Its called Criminal Speeding in most other states, but in AZ it's called Excessive Speeding)

I'm wondering if you were cited for a speed contest or something more than simply exceeding the speed limit.

[/QUOTE]Also, did you cop an attitude with the officers at the scene? That might explain why they may have gone the extra mile to screw with you. Discretion can be a powerful tool.[/QUOTE]

I know my posts sound like I would be a snooty fighter type during police encounters lol but I am complete opposite of that, very respectful, patient, and acknowledge what the officer has to say. However, I will always stand my ground on knowing my legal rights as a US citizen. And now of days with so much police corruption, police brutality, police misconduct and harassment. The percentage -% of good cops who work to make their communities better. AGAINST. The sickening growing percentage +% of the dirty cops is more then enough of a reason to be guarded even more so when dealing with police.

I have quite a few friends who are police officers, so I'm not a cop hater nor do I think "cops hate all bikers, so I hate all cops". But I'm not afraid to vocalize to them when they are railroading, intimidating, being deceitful and abusing power or violating my rights as a human being and as a born citizen and one who pays taxes. =)

But no I did not cop an attitude with them. I was more confused and dumbfounded by everything, I didn't have much to say really.

 

[PackaPunch]

To add to the report writing element of this, reports are not written to entertain but (in theory) to record the events of an incident. This also means that they can come across stiff and very Joe Friday like, and many reports will sound the same. This is because we are often taught to write using a specific template, or, a series of phrases and expressions, that cover the basics.

For instance, most every one of my reports resulting from a radio call will begin with something like this:

"On <date> at approximately <time> I was on duty in full uniform and operating a marked <agency name> patrol unit (<unit #>) when I responded to a radio call of a <nature of incident> being reported at <address>. I responded from <address> and arrived on scene at approximately <time>."

These two sentences set the stage for where I was, what I was wearing, what I was driving, what kind of call I was responding to, and when I arrived on scene. This information can be important later on so it is important to capture. And sometimes the best way to make certain certain information is captured in the report is to have a rote method of writing some portions of the report so that you KNOW it is captured.

So, while there may be some "show off" officers who write long, verbose, flowery prose in their reports, most do not. When we do (and I'm one) it tends to be because we are either bored, in "a mood," or our training officers didn't shut us down when we were young boots (one of mine once to told me to "knock off the million dollar words with ten cent meanings" ... he went on to explain that prosecutors have short attention spans and cannot manage words with more than two syllables).

HAHAHA OH GOSH THAT IS TO FREAKING FUNNY**************WOW HAHAHA. "Short attention span, words with more then 2 syllables" THAT'S HILARIOUS. lol =)

 

[CdwJava]

Yes I called the evidence department and a lady said my belongings were there and I asked her if they had recorded and counted the exact amount of cash that was in the wallet and if all of my cards were also noted and counted..etc. She replied with "Yup its all here but nothing saying its up for release." I then ask her if she can confirm with me the amount of cash they have recorded to which she snapped in an irritated tone "Nope I'm not gonna do that, if you want your stuff back call the officers department and ask them. Only the courts and the issuing officer can give us permission to release evidence".

So I called MCSO, leaving a request for a callback from Mr. Eversole .....that was 2wks ago. No callback.

You should speak with a supervisor ASAP. I suspect they have a policy manual that covers property releases and they also have to justify the seizure as well. I'd start with a supervisor and work it up from there to, perhaps, include a personnel complaint if nothing is done and no response is provided.

ARS: 28-701.02A2
Exceed Limit 20/45 MPH

(Its called Criminal Speeding in most other states, but in AZ it's called Excessive Speeding)

Apparently this IS an arrestable misdemeanor. That's probably why your bike was towed. Still not sure why your wallet and money were seized unless they were on the bike when it was impounded at the time of your arrest and taken in for safekeeping.

I know my posts sound like I would be a snooty fighter type during police encounters lol but I am complete opposite of that, very respectful, patient, and acknowledge what the officer has to say. However, I will always stand my ground on knowing my legal rights as a US citizen. And now of days with so much police corruption, police brutality, police misconduct and harassment. The percentage -% of good cops who work to make their communities better. AGAINST. The sickening growing percentage +% of the dirty cops is more then enough of a reason to be guarded even more so when dealing with police.

Honestly, the news is to blame for most of this impression. In the last year news stories of cops screwing up make headlines, the 99% of contacts that go as they are supposed to and cause no legal, ethical, or procedural problems do not make news. And, honestly, a good many fo the headlines and snippets are wrong or give an erroneous impression of the actual facts.

Media coverage can provide a false sense of a reality providing a perception that is not entirely true. But, that perception becomes reality to most people who either do not bother to read an entire story, seek out the facts, or understand the full context of the situation. Part of that has been the problem with law enforcement as we tend to be closed lipped about events as a result of LAW and investigative integrity. In this era of greater demands for accountability, we are also asking law enforcement agencies to violate the law and run the risk of being legally unable to pursue officers that DO commit criminal offenses, or at least terminable malfeasance, because of pronouncements too soon. I know of a high profile case where an officer screwed up, a mayor and a chief pronounced the error a termination offense at the outset, and then the officer got fired, sued, and got his job back AND a huge settlement for their failure to conduct an impartial investigation. There are similar stories all over the place.

The point is, the media hypes this stuff because it grabs people's attention right now. It doesn't make "corruption" any more or less prevalent than it has been, only that it is in our face far more often. It also ignores the 99% of police contacts that go as they should.

 

[quincy]

... Media coverage can provide a false sense of a reality providing a perception that is not entirely true ... The point is, the media hypes this stuff because it grabs people's attention right now ...

Police officers have routine days. We ALL have routine days. That is not news. It will be the days that fall outside the routine that have the potential for making the news. There is an element of the unusual, or a deviation from the usual, in almost every news story reported to the public.

Most journalists take seriously their moral and ethical duties (just as I am sure most police officers do). For journalists, they have the moral and ethical duty to report the news fairly and with accuracy. Journalists, however, do not create the news that is reported. The journalists have not created the numerous stories of police officers acting badly. The blame rests entirely on the numerous police officers who have acted badly.

The acts and actions of the police officers have deviated from the norm and, in doing so, the police officers have made themselves news - through no fault of, and no "hype" by, the media.

 

[CdwJava]

But, as with anything, if it is the type of story that makes news, the media will go out and hunt it down and put it on the air. The preponderance of stories makes it SEEM as if there is a crisis of competence when it is really little more than a crisis of coverage. If cute and cuddly bunny rabbits made ratings, we'd see lots of stories about cute and cuddly bunnies. That wouldn't mean we suddenly had MORE of them, only that we covered them more. We saw this with the coverage of school shootings in the 90s as well.

Sorry, but a great many of the stories I read are half-truths, not the whole story. Maybe not a LIE, but leaving out enough detail to leave a misperception of the event. That is not necessarily the fault of the reporters, but a function of line space, time elements, etc. I cannot begin to tell you the number of stories over the past two decades that I have been involved in that have simply been wrong on numerous levels, largely - I believe - due to a rush to get it on the air, limits in air time or even limits in print space.

Yes, the officers that cause problems create their own news story. However, as we have seen in the past year or two, much of the message that has permeated the airways and the internet is NOT the whole truth and is only a portion of the truth. This is more a function of social media than true journalism, but, let's face it, social media is the primary source of information for a great many people today and their opinions are formed by soundbites, snippets, and snap chat, not by in-depth articles in Time or Newsweek, or even 60 Minutes.

Routine doesn't make news. Drama, tragedy, malfeasance does. So, if it looks like malfeasance, it makes a good headline. So, when the headlines are covered with the occasional new and frequent re-hashing of the old problems, the reader/viewer is often left with the impression that the event is rampant even if it is not.