Did police violate my rights

[cbg]

He won't be able to do that now. At least, it will not be as easy to avoid putting a plate on it.

I always like the people that have no front plate. That's a free fire zone for the police. I would identify local idjits who had their favorite football team, statement, or nothing on front, and wait for the opportune time to stop them - often when there was a car full of fellow idjits.

My state has two color plates; the old green-lettered plates and the newer red-lettered plates. Those of us with the green-lettered plates are grandfathered until such time as, for whatever reason, we have to turn the plates in; then we will have to get the red-lettered ones. But the green lettered plates are only on the back and do not have a front plate; the red-lettered ones are front and back.

 

[Mass_Shyster]

My state has two color plates; the old green-lettered plates and the newer red-lettered plates. Those of us with the green-lettered plates are grandfathered until such time as, for whatever reason, we have to turn the plates in; then we will have to get the red-lettered ones. But the green lettered plates are only on the back and do not have a front plate; the red-lettered ones are front and back.

Mass also doesn't do temporary plates. When you go to the RMV (Registry of Motor Vehicles), they hand you a set of plates immediately.

I was really surprised when a friend of mine rented a large truck for a cross country move (Over 26,000 lbs). There was NO plate at all on the truck. No paper, no markings at all. The paperwork was all inside the cab. He drove from Mass to Arizona and nobody bothered him.

 

[cbg]

That's the opposite to my experience. I was with a friend when she picked up her new car from the dealer. She had the plates and they were on the car when she drove it out of the lot.

What was not on the car was the little sticker that says she's had it inspected - as Mass Shyster knows, you have a 7-day window once you pick up the car, to have a state inspection. She hadn't even gotten the car home for the first time before she was stopped for not having that sticker. He went over her sale paperwork for something like fifteen minutes AND called the RMV before he reluctantly acknowledged that she was legal and let us go.

I've gotten new used cars at least twice since the plates changed, but the RMV keeps re-issuing my same plates and and transferring the registration to my new vehicle. So I keep driving with the single green-lettered plate. I've had that same registration for over 20 years now.

 

[quincy]

Some Michigan State Police friends of mine have often complained about the difference in plates in Michigan. Michigan offers standard plates but also veteran/military plates, historic plates, fundraising plates, special organization plates, personalized plates ... it can be hard to recognize the state with all of the variations.

 

[davew9128]

Sleeping in a parked car is not, on its own, illegal.

In San Diego it actually IS now a misdemeanor to be sleeping in a vehicle on most public roads and SDPD has started giving out citations.

 

[quincy]

In San Diego it actually IS now a misdemeanor to be sleeping in a vehicle on most public roads and SDPD has started giving out citations.

Interesting. Does the ordinance have anything to do with a homeless problem in San Diego (people living in their vehicles)? That has been a problem in some areas.

Joe was not parked on a public road, though, so I assume the law would not apply, even if the city in San Bernardino County that he lives in (or was arrested in) has a law similar to San Diego's.

The fact that Joe was parked/sleeping on private property apparently turned out to be a problem for Joe anyway (possibly because the gas station owner saw it as a problem).

 

[ajkroy]

My state has two color plates; the old green-lettered plates and the newer red-lettered plates. Those of us with the green-lettered plates are grandfathered until such time as, for whatever reason, we have to turn the plates in; then we will have to get the red-lettered ones. But the green lettered plates are only on the back and do not have a front plate; the red-lettered ones are front and back.

Even if I didn't know where you were from before now...that description would have given it away.

 

[cbg]

Y'know, we should get together for lunch sometime.

 

[davew9128]

Interesting. Does the ordinance have anything to do with a homeless problem in San Diego (people living in their vehicles)? That has been a problem in some areas.

Its partly homeless people, but also people with homes near the water do not care for others to park their RVs in front of their home. There was an older law where people could be cited if there was evidence of habitation in a vehicle, but it was tossed for being unconstitutionally broad (think: someone left a half eaten meal on the passenger seat).

 

[quincy]

... (think: someone left a half eaten meal on the passenger seat).

Considering the typical condition of our van (strewn with Cheerios and fruit snacks and McDonald's bags), we probably would have been cited a lot under that old law. Haha.

 

[CdwJava]

In San Diego it actually IS now a misdemeanor to be sleeping in a vehicle on most public roads and SDPD has started giving out citations.

Can you point out the muni code section? Or, are they using some interpretation of unlawful camping on public property?

 

[quincy]

San Diego Municipal Code section 86.0137.

 

[quincy]

https://docs.sandiego.gov/municode/MuniCodeChapter08/Ch08Art06Division01.pdf
Edited.

 

[CdwJava]

Thanks for the link, Quincy. Though, "Sleeping" IS listed as one of the indicia of habitation in the vehicle under 86.0137(f)(4).

However, the city may have challenges pursuant to the recent Martin v. Boise decision by the 9th. However, many cities in So. Cal. seem to be using some creative explanations to work around the decision, while cities in the north are caving and allowing the homeless boil to fester.

In any event, as was pointed out, our OP was sleeping in his car on private property - and quite possibly exhibiting signs of being spun.

 

[quincy]

Thanks for the link, Quincy. Though, "Sleeping" IS listed as one of the indicia of habitation in the vehicle under 86.0137(f)(4).

However, the city may have challenges pursuant to the recent Martin v. Boise decision by the 9th. However, many cities in So. Cal. seem to be using some creative explanations to work around the decision, while cities in the north are caving and allowing the homeless boil to fester.

In any event, as was pointed out, our OP was sleeping in his car on private property - and quite possibly exhibiting signs of being spun.

I saw (f)(4) only after I posted. Thanks. I edited my post.

A class action suit was filed against San Diego in 2017 (Bloom, et al v. City of San Diego), claiming the ordinance was unconstitutionally vague (as davew9128 earlier pointed out). The Court blocked enforcement of the vehicle habitation ban.

But apparently a new vehicle habitation ban was approved this May by San Diego's City Council. Also approved was the addition of more parking lots, available for people who sleep in their vehicles.

I think the 86.0137 I linked to is the new and improved reworded ordinance.

I agree that none of this appears to apply to Joe and his arrest on private property.