Evading Cop with skateboard

[tranquility]

Evading a detention has always been an action that can get you charged with 148(a). Apparently that is what the officer is alleging.


Whether the flashing lights will be sufficient, or whether the officer says he did more, we don't know as a judge will not hear the case unless junior cops an attitude with the probation officer. And, from the sound of it, it was hardly a "quick" flash of lights.

However, experience tells me that a "reasonable person" (including a teenager) stops for those lights - even on a skateboard. Whether a judge might consider that reasonable or not, who knows. I've never had to try the theory out in court because most everyone has chosen to stop. Those that haven't tended to be wanted for things more serious, anyway.

If a reasonable person considers a flash of the lights to be a detention, there are a TON of illegal detentions out there that cops later call consensual encounters.

 

[Zigner]

If a reasonable person considers a flash of the lights to be a detention, there are a TON of illegal detentions out there that cops later call consensual encounters.

Tranq, seriously, this wasn't a "flash" of the lights.

 

[tranquility]

Tranq, seriously, this wasn't a "flash" of the lights.

And yet, those are the facts presented.

But, even if the lights were lit and remained on, that may not be enough. All the 148(a)(1) arrests for *vehicle* fleeing have to show why they believe the person intended to delay the officer. The facts we have are the OP asked if the officer "what's up" and the officer should have reasonably said something along the lines of stop or something rather than rely on the interstices of the law. That is the problem here, while I think a detention would have been appropriate in this case, there are a lot of times the police just want to talk to a person for some reason. Maybe they are a known gang member and the police just want to talk to him about some gang-related incident. That same cop, in that same situation will give a flash or Whoop! and tell the person they want to talk with them.

Is that a detention?

 

[CdwJava]

I got the impression that the officer had his lights on, followed behind he kid, then pulled along side with the lights still going. I contend that a reasonable person would beliee they are being detained - and my personal experience supports that. O course, whether anyone will agree that a teenage boy can be considered a "reasonabe" person is another discussion. Having four of those animals at home, I might argue that they are not reliably "reasonable."

 

[davew128]

When I was in San Diego County skateboarders accounted for thousands of dollars of damage to city and private property each month.

I almost had a skateboarder in PB run into my passenger side fender just as I was pulling out from a stop sign. The kicker? HE WAS YAKKING AWAY ON HIS CELL PHONE.

 

[justalayman]

I've got to agree with Tranquility but only based on taking the OP' post at face value with absolutely no interpretation. The kid is almost assuredly not giving an unbiased narrative.

I was sk8ing down the street, actually on the street and this cop came and flashed his lights 1 time and drove slow beside me. He had his window down so i was like "yeah?" and he didn't say anything. He just kept following me. I shrugged my shoulders and said "what's up?". He didn't say anything he just stared at me. So I figure he wants me to get off the street so I jump onto the pavement and went to go down this alley. I could hear him speed up and like he was going round the corner to go to the other side. So I went back the way I came from

so, while the kid wants to claim he had no idea the cop wanted him to stop, why, when the kid took off into the alley and realizing the cop was going to circle around and head him off, did the kid reverse course to intentionally evade the cop. If the kid didn't think the cop actually wanted him to stop, why reverse course? Why not just go ahead and get into a staring contest with the cop again as you ride your board passed him?

As with so many questions here, the one side of the story isn't enough to give a real answer to the questions asked because the version presented is so biased and possibly, a, less than complete and truthful, it is just impossible.




skhater kid


it's time to grow up. CDWJava was giving you the straight facts. If you want to avoid making this something it doesn't have to be, learn how to listen and with a look of serious acceptance of what you are listening to, at least nod affirmatively when appropriate. If you continue to be dumb about this, you could turn a non-issue into a real pain in the ass issue.

 

[jtk]

What no, it was a quick flash of the lights. I thought I was clear about that...

He came up beside me, did one flash of his lights - my guess was: to get my attention. I quit pushing with my foot and was just rolling slowly, he was just driving slowly (with NO lights on). We were looking at each other. I said 'yeah' and he looked at me. I said 'what's up?' and he looked at me. So then I was like, fine, I'll get off the street - bc that's what I figured he wanted.

 

[jtk]

so, while the kid wants to claim he had no idea the cop wanted him to stop, why, when the kid took off into the alley and realizing the cop was going to circle around and head him off, did the kid reverse course to intentionally evade the cop. If the kid didn't think the cop actually wanted him to stop, why reverse course? Why not just go ahead and get into a staring contest with the cop again as you ride your board passed him?

bc who wants to hang out with a cop? (no offense to the cop here) Esp one who's a mute.

 

[Silverplum]

bc who wants to hang out with a cop? (no offense to the cop here) Esp one who's a mute.

Q4P.

 

[justalayman]

bc who wants to hang out with a cop? (no offense to the cop here) Esp one who's a mute.

who said anything about hanging out with a cop, unless of course you really thought his intent the entire time was to get you to stop and have a chat. Unless you believed that, you simply cruise on by him, smile, and wave.

 

[jtk]

who said anything about hanging out with a cop, unless of course you really thought his intent the entire time was to get you to stop and have a chat. Unless you believed that, you simply cruise on by him, smile, and wave.

Cops screw with ppl on skateboards. If a cop's going to be at the end of the alley yeah I'm not going there - whether I think they want to stop me or not.

 

[justalayman]

Cops screw with ppl on skateboards. If a cop's going to be at the end of the alley yeah I'm not going there - whether I think they want to stop me or not.

,you already spilled the beans skhater.


Either go back and read cdwjava's posts and move on with life or be dumb by being belligerent and cause the court to take this matter much more seriously than it has to be. It is your choice at this point.

 

[jtk]

Either go back and read cdwjava's posts and move on with life or be dumb by being belligerent and cause the court to take this matter much more seriously than it has to be. It is your choice at this point.

Where am I being "belligerent"? Do i understand anything more now about evading/resisting/obstructing/delaying cops...no, not really. Seems they can do what they want.

 

[CdwJava]

To avoid this problem in the future, wear a helmet and stay off the road and the sidewalk (where prohibited) while riding the skateboard. In some cities skateboarders are decried by a good many residents as a huge problem. When I was in San Diego County more than a dozen years ago, the damage and nuisance caused by skaters was cited as the number one problem by businesses and residents downtown. There's a reason for the attitude, but that's an issue for a discussion on developmental psychology more than legal issues.

 

[dave33]

Do i understand anything more now about evading/resisting/obstructing/delaying cops...no, not really. Seems they can do what they want.

Exactly, The cops can do pretty much what they want, especially with you because it's your word against theirs.

If you do things that annoy the police than you should be prepared to be bullied.