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1. Open Container/Ped Stop/ inside Bart Platform
  
  Let's see ... drinking from a large can or bottle (32 oz? 40 oz? Distinct shape?) in a paper or plastic bag? In my experience these are almost always weak attempts to conceal alcohol. I can count on one hand in 27 years the number of times someone was drinking NON-alcohol in such a manner...
  CdwJava
  
  Post #8
  
  Oct 10, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
2. Prop 47
  
  Proposition 47 was a wide-ranging set of laws that was part of the parade of ill-advised and poorly considered "reforms" in CA. So, yes, these laws are applicable even in San Diego. What, exactly, are you asking about?
  CdwJava
  
  Post #2
  
  Oct 9, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
3. Fight or pay? 21950 (a) + Hided cops on private property
  
  The definition of what it means to yield can vary by court. In some courts, they will decide that you have to yield while the pedestrian is anywhere in the crosswalk. Others may be okay with their simply being no reasonable likelihood of impact (say, half the distance across and away from the...
  CdwJava
  
  Post #6
  
  Sep 29, 2018
  
  Forum: Speeding and Other Moving Violations
4. What to do when the ticketing officer fraudulently signed her name as someone else?
  
  Essentially, yes. Though, I have heard it referred to as the "fellow officer rule" as opposed to "doctrine." But, in the case of a citation, the arresting officer will also be listed along with the citing officer. In CA we have spaces on the citation for two officers: One for the "arresting...
  CdwJava
  
  Post #18
  
  Sep 27, 2018
  
  Forum: Parking Tickets and Non-Moving Violations
5. parking violation of posted sign at airport 2-1-52(k)7
  
  Okay ... care to provide some additional details? This appears to be an Orange County Parking violation. 2-1-52(k)7: No person shall park a motor vehicle at any place on the Airport in violation of any sign posted by the Airport Director. So, it appears you are accused of parking in violation...
  CdwJava
  
  Post #3
  
  Sep 27, 2018
  
  Forum: Parking Tickets and Non-Moving Violations
6. What to do when the ticketing officer fraudulently signed her name as someone else?
  
  OP stated there was no other officer at the scene. And, out here, if an officer is in FTO, they are issuing and signing their own cites unless they did not witness the offense. However, if this offense was observed by one officer and the issuing officer was not the same as the arresting (i.e...
  CdwJava
  
  Post #16
  
  Sep 27, 2018
  
  Forum: Parking Tickets and Non-Moving Violations
7. Can a cop pull you out of house with no warrant to secure premises when they are looking for a wanted person that isn't even you.
  
  Yep ... I sense he was like that with responding officers and managed to talk his way into an arrest for obstructing or resisting, or something akin to that. Only his attorney will be able to say whether the charges are likely to stick or not as we don't have any real facts.
  CdwJava
  
  Post #18
  
  Sep 25, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
8. Can a cop pull you out of house with no warrant to secure premises when they are looking for a wanted person that isn't even you.
  
  Eh ... I deleted it. Censored for sensibility. And, yeah, "Snarky deuce" ... I knowwhat we refer to as a "deuce" out here. ;)
  CdwJava
  
  Post #16
  
  Sep 25, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
9. Can a cop pull you out of house with no warrant to secure premises when they are looking for a wanted person that isn't even you.
  
  You were arrested? What were you charged with? Wow ... foul mouth much? Maybe it was your mouth that got you into trouble that night. If you were arrested for obstruction or some similar offense, your actions may have been why. Sometimes posters get sidetracked ... like in any real life...
  CdwJava
  
  Post #14
  
  Sep 25, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
10. Can a cop pull you out of house with no warrant to secure premises when they are looking for a wanted person that isn't even you.
  
  Any consideration of a potential 4th Amendment issue has to be evaluated based upon the articulated facts at the moment. Each situation is different and must be evaluated based upon its own merits. Since you posted no facts, about all one might be able to say is ... Yes, there are...
  CdwJava
  
  Post #2
  
  Sep 25, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
11. What to do when the ticketing officer fraudulently signed her name as someone else?
  
  Was there another officer with the citing officer? It could be there were two officers in the car, two officers on the stop, or, the issuing officer and the "arresting" officer were different people and that created the mix-up. Hard to imagine that an officer would forget their name and sign...
  CdwJava
  
  Post #3
  
  Sep 25, 2018
  
  Forum: Parking Tickets and Non-Moving Violations
12. Mother keeping child away from father.
  
  Again, I point out that threads here often take a tangent. NOWHERE have I stated that the poster should NOT be concerned or that CPS or the police should NOT be involved. However, I have also investigated a great many reports that were NOT what the complaining party said they were, so there is...
  CdwJava
  
  Post #26
  
  Sep 17, 2018
  
  Forum: Child Custody & Visitation
13. Mother keeping child away from father.
  
  Ah, yes, because NO thread here has ever taken a turn into a tangent when the OP has not returned. :rolleyes: I have probably dealt with more cases of burned children, abused children, and murdered children than anyone here, so please don't tell me what I think of such abuse or this particular...
  CdwJava
  
  Post #24
  
  Sep 17, 2018
  
  Forum: Child Custody & Visitation
14. Mother keeping child away from father.
  
  LDiJ's reply was in response to my post concerning my children's frequent OR visits. I don't see that there was any downplay there.
  CdwJava
  
  Post #22
  
  Sep 17, 2018
  
  Forum: Child Custody & Visitation
15. Mother keeping child away from father.
  
  That's pretty cool!
  CdwJava
  
  Post #20
  
  Sep 17, 2018
  
  Forum: Child Custody & Visitation
16. Mother keeping child away from father.
  
  And here I thought it was boys who developed such intimate relations with their doctors! :) She sounds like the girls that my now-USMC son grew up playing with!
  CdwJava
  
  Post #18
  
  Sep 17, 2018
  
  Forum: Child Custody & Visitation
17. Mother keeping child away from father.
  
  In what state did this happen? As for burns and some sort of automatic CPS referral or police report, that's not necessarily so. If the doctor or the hospital suspects foul play, of course. But not every burn warrants a police investigation. I'd go so far as to say that most do not involve...
  CdwJava
  
  Post #13
  
  Sep 16, 2018
  
  Forum: Child Custody & Visitation
18. Search Warrant Help.
  
  I don't see any exception for weekends or Holidays. But, there may be some exception or some nuance of the dates that is not obvious to those of us who are not privy to the actual search warrant. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm
  CdwJava
  
  Post #6
  
  Sep 16, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
19. Search Warrant Help.
  
  If the time frame was, indeed, 3 days and that time frame was exceeded between the time the warrant was signed and executed, then your attorney can make a motion to suppress any evidence seized pursuant to the warrant. If the state has other evidence not obtained pursuant to items discovered as...
  CdwJava
  
  Post #4
  
  Sep 16, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure
20. Search Warrant Help.
  
  You can bring this to the attention of your attorney and MAYBE they can seek to exclude any evidence obtained through the search. Your attorney is in the best position to effectively evaluate the matter.
  CdwJava
  
  Post #2
  
  Sep 16, 2018
  
  Forum: Arrests, Searches, Warrants & Procedure

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