Posted on 10/13/2001 11:38:55 AM PDT by MtnMover
I was walking my dog along the pacific coast of California when I was stopped by an SPCA employee who was driving an SPCA van. The SPCA employee instructed me to place my dog on a leash. It is my routine to walk the dog on a leash (for the dogs safety) when crossing streets but in more open areas where there are fields of ice plants, pathways, and few - if any - people. I let the dog roam around along the seaside cliffs. I indicated to the SPCA employee that the leash law sign located on the street indicates that dogs do not have to be leashed until 10 a.m. The SPCA employee instructs me to read the sign again because it does not apply to the street that I was walking on. I then put the dog on a leash. The SPCA employee admonished me indicating in a derogatory tone that "this is a warning". Perceived as a threat, I had a few tense words with the employee - but no profanity or threatening gestures were used. I am now in the middle of the road as the employee continues to move his SPCA van along my side. I advise the employee that the law requires vehicles to stop when pedastrians are in the roadway. The employee responds that I am not in a cross walk. There is no cross walk on the street anyway, but the important point is ofcourse pedastrian safety as well as the SPCA employee's lack of observance of the vehicular code. I finish crossing the road walking around the front of the SPCA van. After walking a brief distance away from the van, it stops again and the employee orders me to stop for questioning. I stop and the SPCA employee gets out of the vehicle and demands that I give him my name. I ask "under what authority do you ask me for my name?" The employee assures me that he has the authority and returns to his van, obtains a document and reads from the document. "Anyone who interferes with the work of an SPCA employee" is in some sort of "violation". I instruct the employee I did not interfere with his work, I placed the dog on the leash as instructed. Tense words were exchanged after the demeanor of the employee became hostile. The SPCA employee took no action to issue any citation for violating any leash laws. Believing that the SPCA had no authority to hold me under arrest or interrogate me for failing to leash my dog at all times I left and continued my walk. The SPCA employee indicated that he would follow me with his truck until I returned to my home - confirming to me that he had no authority to detain me or issue a citation. Now I'm thinking harassment, for what, walking a dog without a leash! I walked about a half-mile with the SPCA van closely following and entered a state jurisdiction (a state park). The SPCA employee was operating out of the city's jurisdiction (apparently). In the middle of the state park, I was stopped by a Park Ranger driving his truck as he placed it perpendicular to the direction in which I was heading. He ordered me to stop for questioning. I asked him for what purpose. He approached me as I stopped to address him. The Ranger indicated that he was taking his action out of the request of the SPCA employee who was right behind me with his van. The Park Ranger asked me for identification as the SPCA employee approached. I advised him that I did not have any identification on me - and I didn't, I just got up, put on some old jeans to walk my dog. The Ranger asked me why. "Im just walking my dog". I only use my wallet when I'm driving or going some place other than the beaches adjacent to my house. The Park Ranger continued to ask for identification. Words were exchanged as to the purpose and the authority to stop and interrogate me. Quite frankly it appears that our liberties are not as solid as they should be. The ranger explained that he was assisting the SPCA employee in stopping me because I would not release my name. Even though the SPCA employee indicated to me and the Park Ranger that I complied with his instructions, the Park Ranger indicated that his sole reason for stopping, detaining, and questioning me was because the SPCA employee requested that he stop me for questioning. There was no allegation of wrong doing except that I did not release my name to the SPCA employee. There was no acknowledgement of a pending citation. After clarification regarding jurisdiction and purpose the Park Ranger indicated that he would arrest me and put me in jail unless I provided my name, address, and date of birth to the SPCA employee. Unbelievable! Again I asked on what legal authority was he going to arrest me. I could see an innocent citizen dog walker gradually moving toward becoming perceived as a citizen-criminal. Were they going to hand-cuff me? I was again reassured that the Park Ranger would place me under arrest and take me to jail for failing to provide my name to the SPCA employee. I asked if he had probable cause to arrest me or could cite a legal authority for taking such an action. The Park Ranger merely indicated that he would place me under arrest and take me to jail unless I provided my name, address, and date of birth to the SPCA employee. Under duress I indicated to the Park Ranger that I would take his word for it - that he had the legal authority to place me under arrest and take me to jail - for failing to provide the SPCA employee with my name - after being instructed to place my dog on a leash - to which I complied. I released my name to the Park Ranger and the SPCA employee. I left both of them to continue walking my dog. I am a 58 year old Vietnam Vet that has never been cited for any wrongdoing except for a speeding ticket that I received when I was in college. Terrorism is a terrible thing and all necessary actions that fall within constitutional limitations should be taken. Individuals who wear any kind of uniform should hold liberty dear to their hearts and not become an unnescessary nuisance to citizens as they go for an early morning walk with their dog. Governments must diminish the growing intrusion on individual liberties. Its a delicate balance. I walk my dog every morning at the same place and have done so for 10 years. If anyone is out there, they see me and the dog not bothering a thing. Not anymore, now we have the SPCA Police to answer to.
If all else fails read the instructions, right? ;^)
Nah...Just stop at the periods and then on to the next.
I don't like where we're headed in this nation. Once again another NGO rears it's ugly head. Since when did the Society for the Preservation and Care of Animals become an arm of our nations security network?
As a Vietnam Vet I salute you for your service and providing this report to the forum. Sorry for the crude nature of others on this forum.
Do you haff zee proper papers? Vhere are your papers?!? Vee vill NICHT HABEN... errr, not let you go until vee zee your papers!
I understand your take.
We all decide what's best at that time.
My thought was by forcing the issue 1) You would bring the "pimple" to a head, 2) Would probably made your lawyer and yourself some money and 3) You wouldn't have to relocate your dog walking routine or be looking over your shoulder.
As an American (USN,SeaBees) I, also salute you veteran!
The fact is that I can't read it. My eyesight is such that the lines all run together. It sounds fascinating, but if one has the time to type two typewritten pages of rant, one ought to be able to expend just that teensy bit of extra effort and figure out how to format.
As it is, it's waste of space.
Kaliforication, where the women make the law and the men squat to pee.
For the Record, SPCA are not law enforcement of any stripe.....suggest you take your base ball bat with you when you walk your dog....You might get to play ball.
With no malice intended, may I suggest you are "shooting the duck" with so much bird shot it will be difficult for the dog to retrieve it and more so to eat.
How's that for wasting space?
The SPCA employee instructed me to place my dog on a leash.
It is my routine to walk the dog on a leash (for the dogs safety) when crossing streets but in more open areas where there are fields of ice plants, pathways, and few - if any - people I let the dog roam around along the seaside cliffs.
I indicated to the SPCA employee that the leash law sign located on the street indicates that dogs do not have to be leashed until 10 a.m. The SPCA employee instructs me to read the sign again because it does not apply to the street that I was walking on.
I then put the dog on a leash. The SPCA employee admonished me indicating in a derogatory tone that "this is a warning".
Perceived as a threat, I had a few tense words with the employee - but no profanity or threatening gestures were used. I am now in the middle of the road as the employee continues to move his SPCA van along my side. I advise the employee that the law requires vehicles to stop when pedastrians are in the roadway.
The employee responds that I am not in a cross walk. There is no cross walk on the street anyway, but the important point is ofcourse pedastrian safety as well as the SPCA employee's lack of observance of the vehicular code. I finish crossing the road walking around the front of the SPCA van. After walking a brief distance away from the van, it stops again and the employee orders me to stop for questioning.
I stop and the SPCA employee gets out of the vehicle and demands that I give him my name. I ask "under what authority do you ask me for my name?" The employee assures me that he has the authority and returns to his van, obtains a document and reads from the document. "Anyone who interferes with the work of an SPCA employee" is in some sort of "violation".
I instruct the employee I did not interfere with his work, I placed the dog on the leash as instructed. Tense words were exchanged after the demeanor of the employee became hostile. The SPCA employee took no action to issue any citation for violating any leash laws. Believing that the SPCA had no authority to hold me under arrest or interrogate me for failing to leash my dog at all times I left and continued my walk.
The SPCA employee indicated that he would follow me with his truck until I returned to my home - confirming to me that he had no authority to detain me or issue a citation. Now I'm thinking harassment, for what, walking a dog without a leash!
I walked about a half-mile with the SPCA van closely following and entered a state jurisdiction (a state park). The SPCA employee was operating out of the city's jurisdiction (apparently). In the middle of the state park, I was stopped by a Park Ranger driving his truck as he placed it perpendicular to the direction in which I was heading. He ordered me to stop for questioning. I asked him for what purpose. He approached me as I stopped to address him.
The Ranger indicated that he was taking his action out of the request of the SPCA employee who was right behind me with his van. The Park Ranger asked me for identification as the SPCA employee approached. I advised him that I did not have any identification on me - and I didn't, I just got up, put on some old jeans to walk my dog. The Ranger asked me why. "Im just walking my dog". I only use my wallet when I'm driving or going some place other than the beaches adjacent to my house.
The Park Ranger continued to ask for identification. Words were exchanged as to the purpose and the authority to stop and interrogate me.
Quite frankly it appears that our liberties are not as solid as they should be. The ranger explained that he was assisting the SPCA employee in stopping me because I would not release my name. Even though the SPCA employee indicated to me and the Park Ranger that I complied with his instructions, the Park Ranger indicated that his sole reason for stopping, detaining, and questioning me was because the SPCA employee requested that he stop me for questioning.
There was no allegation of wrong doing except that I did not release my name to the SPCA employee. There was no acknowledgement of a pending citation. After clarification regarding jurisdiction and purpose the Park Ranger indicated that he would arrest me and put me in jail unless I provided my name, address, and date of birth to the SPCA employee.
Unbelievable!
Again I asked on what legal authority was he going to arrest me. I could see an innocent citizen dog walker gradually moving toward becoming perceived as a citizen-criminal. Were they going to hand-cuff me? I was again reassured that the Park Ranger would place me under arrest and take me to jail for failing to provide my name to the SPCA employee.
I asked if he had probable cause to arrest me or could cite a legal authority for taking such an action. The Park Ranger merely indicated that he would place me under arrest and take me to jail unless I provided my name, address, and date of birth to the SPCA employee.
Under duress I indicated to the Park Ranger that I would take his word for it - that he had the legal authority to place me under arrest and take me to jail - for failing to provide the SPCA employee with my name - after being instructed to place my dog on a leash - to which I complied. I released my name to the Park Ranger and the SPCA employee. I left both of them to continue walking my dog.
I am a 58 year old Vietnam Vet that has never been cited for any wrongdoing except for a speeding ticket that I received when I was in college. Terrorism is a terrible thing and all necessary actions that fall within constitutional limitations should be taken. Individuals who wear any kind of uniform should hold liberty dear to their hearts and not become an unnescessary nuisance to citizens as they go for an early morning walk with their dog.
Governments must diminish the growing intrusion on individual liberties. Its a delicate balance. I walk my dog every morning at the same place and have done so for 10 years. If anyone is out there, they see me and the dog not bothering a thing.
Not anymore, now we have the SPCA Police to answer to.
Funny. 99% of the folks here have no problem putting a paragraph tag in their documents.</ignore>The fact is that I can't read it. My eyesight is such that the lines all run together. It sounds fascinating, but if one has the time to type two typewritten pages of rant, one ought to be able to expend just that teensy bit of extra effort and figure out how to format.
As it is, it's waste of space.
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