Posted on 04/22/2008 7:23:04 PM PDT by BGHater
PORTLAND, Ore. — A lawyer who watched a police officer park illegally in front of a restaurant, then wait around while his meal was prepared, issued the officer a series of citizen-initiated violations.
Eric Bryant said he was sitting at the restaurant March 7 when Officer Chad Stensgaard parked his patrol car next to a no-parking sign and walked inside to wait for his food, the Portland Mercury reported Thursday.
Bryant told the weekly paper that when he asked Stensgaard about his car, the officer asked Bryant: "If someone broke into your house, would you rather have the police be able to park in front of your house or have to park three blocks away and walk there?"
Bryant filed a complaint as a private citizen alleging several violations, including illegal parking and illegal operation of an emergency vehicle.
Stensgaard was issued a summons to appear in traffic court in May.
The fines could total $540.
"Citizens should be concerned that he used his status as an officer of the law as justification for breaking the law," Bryant said.
Cathe Kent, a spokeswoman for the Portland Police Bureau, said Stensgaard would fight the complaint in court, "as he rightfully should."
Parking is limited on city streets, especially with many construction projects downtown, she said, and officers remain on duty even when they're picking up food.
"We are emergency responders and need to be ready to take an emergency call," Kent said Saturday.
Many news outlets have taken an interest in my court case against Officer Stensgaard. This is a healthy public dialogue and I encourage it. It should be noted that the Portland Police Bureau has a policy that officers shall obey all laws. The law in Oregon states that emergency vehicles are exempt from traffic laws only in certain circumstances. None of the exemptions apply to this case because Officer Stensgaard was not responding to an emergency or pursuing a violator of the law.
Geez, where can I contribute? I’d love to see this stick.
I've seen them rip away from resturants on an emergency and would rather have them take off from a no parking zone on the street than scream through a parking lot and risk hurting someone or getting blocked in.
I did this years ago.
In Baton Rouge, LA, at about 2:30 AM, I was sitting stopped at a traffic light on a 4-lane boulevard. A police officer in a marked patrol car pulled up next to me at the red light and sat there for several minutes.
He then flipped on his lights and pulled through the red light, then turned off his lights and continued up the road at an unhurried pace. Right then the light turned green, so I raced off after him.
I got close enough to get his unit number and license place number, then turned for home.
The next morning, I went to the PD HQ and swore out a citation against the officer.
His little scofflaw action cost him $160 in court, even though he and the city court tried their best to weasel out of it with several continuances - hoping that I’d fail to appear.
“Cops can” should be “Cops can be,” and “you” refers to the lawyer, not the person who posted this. PIMF and Iron Fist Rule. Sigh.
I hope this same cop meets you on a dark road after he has to pay his fine, and pulls you over, and when you ask why, since it is only his rights... you have none..... tazes you to shut ya up.
;-) No offense intended.
lawyer vs. policeman...
hmm.
So who’s the bad guy?
That’s different. He was already in his car. Plus, if he was on a code 2, you could have eaten an obstruction of justice or interference with official biz charge, neither of which if minor.
Reminds me of Barney Fife and Gomer Pyle. Citizens arrest, citizens arrest.
I thought well at least he didn't make the civilian do what he didn't do.
Of course, if you are out to pick up your dinner, you are not responding to anything. But he will be available to “respond at a moments notice”,if his car is right there and available at any given moment. They eat too, and should be able to do so, but also respond when necessary.
I can imagine the outrage when he ran out of someplace to help someone, and his car is a quarter of block away and is delayed by having to get there. Everyone would scream about “not be ready or able”.
Not only that, but leaving a police vehicle unattended is not something that would be a very good idea. Do you think they would take a key and lock it, and then have to unlock it to get somewhere. Time is usually of the essence.
I live in a small town, and maybe I have a different picture of things, but they are always there where you need them.
Good for you. Some cops need to be reminded that they are not above the law.
Police officers should follow the law.
Period.
I love this. I see cops break the law all the time...like passing me on 287 going 85 when I’m going 68. Without their lights on, they are required to obey the speed limit.
Probably one of the SH**IEST jobs in the world has got to be that as "Traffic Agent" (or Meter Maid, as it were) ... why some sleazeball lawyer would want to play 'Meter Maid', to a Cop no less, in order to raise a ruckus is a complete mystery to me.
Sounds like you would be right at home in a police state.
Geez.
I am siding with a lawyer over a cop?
Times have changed. I hope the cop gets busted.
If it was important for the cop to stay near his car, he could have picked another restaurant to eat at. He could also have done a drive through.
Fire trucks need to respond to emergencies as well and I never see them parking illegally.
He wasn’t code sh!t.
He was on his way to the barn, ready to go off shift. He never touched his radio, was yawning steadily, and sat at the redlight > 2 minutes before getting tired of waiting and breaking the law.
I didn’t obstruct or interfere with him in any way.
I have not debated a point with you in a while - how have you been?
However, life must have been a tad too stressful, if you really think “ossifer friendly” would be justified in tazing the lawyer.
PS The sad truth is that all too many of America’s cops have developed a severe case of “Ubermensch Syndrome” which causes them to think themselves our masters and superiors, rather than mere public servants.
The ‘lawyer’ description is wrong. Insert, ‘citizen’ there. This action is for all citizens, not just lawyers.
Weird. I have.
The theory that Rudy Giuliani and Bill Bratton used in cleaning up NYC was to crack down on all offenses, even the minor ones. It worked.
It’s a quick jump for a police officer from flouting the traffic laws to something more serious. They need to learn to obey the law.
Visit Seoul Korea sometime, over there, they simply drive with their lights on all the time, everywhere they go in a squad car.
Did they ever give you a problem after that? As you can see in a few posts here it sounds as cops could be more vindictive then criminals. I always wondered if cops were vindictive for things they do wrong?
Let's be reasonable, it's not like he was shooting someone's dog in their backyard. /s
When a cop is required to be on duty, even through a meal, it is reasonable to allow some discretion on where they stop to pick up their food. Stuck in line in the drive-through means they can't respond until everyone gets out of the way. About all I might suggest is to leave a light flashing to indicate he'll be right back.
A well fed cop is a happier cop, need I say more?
I DID get a few tickets after that, all justified, I’m afraid - I have a heavy foot.
I was never hassled, or unjustly ticketed - let’s just say that I got ZERO leniency.
I moved from there about a year after the incident in question; better job.
This lawyer is an idiot... let’s count the ways...
1. lost customer
2. lost parking spot... the officer could easily take a spot from another customer... hello
3. a reputation as a jerk
You might like this one:
http://www.freerepublic.com/focus/f-news/1905942/posts
‘Using what one legal expert called a “novel theory,” Hu argued to a judge that when a Washington State Patrol trooper ticketed him, he broke the law himself by waiting in the dark with his car lights off — something Hu said is illegal for normal drivers.
The judge dismissed the ticket.
It’s a small victory, but Hu thinks others in similar situations could follow in his wake. “What I’ve come to learn, to restore my faith in the legal system, is that the police do not have special powers,” Hu said recently.
A lawyer and a law professor, apprised of the case, both marveled at how Hu won his battle, but said they don’t know whether it would set a precedent.
The State Patrol said its powers have not been curbed, and it does not plan to change its operations because Hu won his case.
Hu’s case is unusual. Less than 11 percent of the traffic charges filed in a year are contested in court, according to state statistics, and court administrators estimate that just 37 percent of those result in a finding for the defendant. ‘
Sorry... I forgot the / sarc tag. I am not a police state nanny state person one bit. ;-) (Punishment by Tazer is one of my personal issues with the “POPO” Some dumb and mean people with horse whips deciding to punish whomever. Kind of the point of my comment. Come on mr cop... park like a normal person. Get over your f’ing badge and small p-nis syndrome.)
How did you see a fire truck park illegally?
See post #31. ;-)
1. Makes
2. no
3. sense.
Sure we believe that, not been to long since the clown cop arrested the little old lady in Florida because he was to sorry to drive around her.
I’m ok with this. He needs to be able to get to his car fast. The other day I saw something unusual though. A State Cop went around me, lights flashing and got behind a car in front of me. The car wouldn’t stop. I was expecting the worse but the Cop turned off his lights and went on. If it was someone on offical LE business.. ok, but I wondered if it was not a VIP and he was told to back off.
I miss read... thought lawyer owned restaurant.
owner of the restaurant should ban said lawyer from premises for life
When seconds count, the cops are minutes, (or hours), away.
They should have to obey the same laws we all do.
I’m sick and tired of the JBT boot-licking contingent here acting like cops walk on water.
They don’t.
As you can see, this thread has progressed from the usual predictable cop worship to recognizing the real world of the occasional cop that abuses his position. When the abuse is not just a power trip, it is often due to the pressure of meeting monthly traffic citation quotas. In any event, cops are just like us and they also need to be accountable for their screw-ups.
As someone that has spent a little time on the job … the rule was, if your restaurant of choice didn’t have a parking space in front, pick another one. Only exception, if you called your order in and wouldn’t be more than 5 min. in pickup (and your partner was driving) … good to go, so to speak. ;-)
it does not bother me when police officers do this... i apply the Deuteronomy 25:4, 1 Corinthians 9:9 and 1 Timothy 5:18 principle here...
"Do not muzzle an ox while it is treading out the grain."
i see it as the officer benefiting from his labor... just like i would not fault a grape picker from eating a few grapes while he's working...
Most of the cops I see can afford to miss a few meals if ya know what I mean.
They’ve already been well-fed. Excessively so.
Another JBT boot-licker I see.
I'm always happy to see them dining heartily, putting on a few pounds for a healthy pensioned retirement...
The police officers do that all the time here in Phoenix. Just part of daily life, I guess.
It's not too frequent, compared to the police, because fire trucks operate out of central stations - they don't have to patrol a certain part of a city where there's no facility available to them to do their job.
Cops spend 6-8 hours a day in police cars, dealing with people at their worst and writing reports on their steering wheels.
I'm willing to let them have a small one here and there.
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