Posted on 05/09/2018 7:51:09 PM PDT by Mariner
SACRAMENTO, Calif. (KCRA) —
Sacramento police released body camera video Wednesday of a man being tackled by an officer during his arrest for leaving his car running outside of a convenience store.
The incident began Friday morning when the officer approached Craig Williams about leaving his car running and unattended outside of a 7-Eleven in the 1100 block of 43rd Avenue. Police said Williams was uncooperative and the officer tried to detain him. In response, the man resisted the officer, which led to the struggle, police said.
The body cam video shows the officer approach Williams outside of the 7-Eleven. The officer tells Williams that it is a misdemeanor to leave a car running and unattended. In the video, Williams responds saying he was standing nearby.
In the video, the officer repeatedly asks Williams for his identification. Williams asks "Why?" adding he didn’t break a law. He then pulls out his cellphone to record the officer.
In the body camera video, the officer tells Williams to put down the cellphone, walks toward him and says, “I’m going to detain you.” The officer then grabs Williams’ left arm and puts it behind his back.
Williams is then heard asking, “What are you detaining me for?”
The officer responds, “I’ve already told you, sir.”
(Excerpt) Read more at kcra.com ...
“The Guy was resisting, end of story.”
Not if the cop is wrong about the law. If so, then he had no cause to demand ID or detain him in the first place.
“I may be wrong if the car is on private property. On the street it is illegal— car theft seems to be the reason.”
No. It’s global warming.
It’s illegal to idle in your own driveway sitting in your own car!
It’s Orwellian.
Apparently idling in the headline was wrong.
From the article: “...leaving the ignition key in an unattended vehicle”
When it gets stolen you might change your mind
You never watched the news? Car theft is particularly easy when you leave your car running
Separate issue.
Maybe, but it is a crime in CA... :^)
22515. (a) No person driving, or in control of, or in charge of, a motor vehicle shall permit it to stand on any highway unattended without first effectively setting the brakes thereon and stopping the motor thereof.
(b) No person in control of, or in charge of, any vehicle, other than a motor vehicle, shall permit it to stand on any highway without first effectively setting the brakes thereon, or blocking the wheels thereof, to effectively prevent the movement of the vehicle.
Amended Ch. 362, Stats. 1986. Effective January 1, 1987.
thats for heavy duty vehicles
No, the thief will.
Because either I’m in it, my two shepherds are in it, were all in it, or they’re in it and I’m next to it.
Any which way, we win, thief dies.
private parking lot is not a highway
I dunno, I never had any problem with cops in my life.
I like ‘em. We get along well for some reason.
Even the few times I’ve been arrested for various stupid things, it’s been fine.
Your better off on a “Q” thread.
So, is it law enforcement’s job to keep an eye on idiots?
Actually, in some jurisdictions, *some* parking lots *are* classed as a street. Usually done by local or county ordinance but some states do it too.
Here’s an example from Canada:
https://www.theglobeandmail.com/globe-drive/culture/commuting/do-the-rules-of-the-road-apply-in-shopping-centre-parking-lots/article4216574/
Virginia specifically says that any space open for the public to drive has the regular rules of the road apply - including publicly accessible but privately owned parking lots.
The state in question here, California, has this by inference. California Vehicle Code 14605 states that you need a license to drive in a parking lot. CVC 23103 states that persons driving in publicly accessible but privately owned parking lots may be charged with offenses like reckless driving. While it doesn’t specifically state that all the regs apply to all parking lots, it would be extremely hard to convince a judge or jury otherwise.
CVC 14605:
https://codes.findlaw.com/ca/vehicle-code/veh-sect-14605.html
(a) No person who owns or is in control of a motor vehicle shall cause or permit another person to operate the vehicle within or upon an offstreet parking facility if the person has knowledge that the driver does not have a driver’s license of the appropriate class or certification to operate the vehicle.
(b) No operator of an offstreet parking facility shall hire or retain in his employment an attendant whose duties involve the operating of motor vehicles unless such attendant, at all times during such employment, is licensed as a driver under the provisions of this code.
(c) As used in this section, “offstreet parking facility” means any offstreet facility held open for use by the public for parking vehicles and includes all publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.
CVC 23103:
https://codes.findlaw.com/ca/vehicle-code/veh-sect-23103.html
(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500 , in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105 .
Private owners of parking lots can also *invite* the police to come enforce state traffic codes in their parking lots as well - and many do.
cvc highway
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=360
The code citations I linked seem to directly imply that a parking lot is a place where the regular vehicle code does apply.
Keep in mind that this is the state that requires you to fully register and pay ongoing road taxes for junk vehicles parked out of line of sight on private land.
To keep it cool. Or warm.
I have a late model Chevrolet SUV. If I first push the “lock” button, then I can push the “start” button on the fob and the car will start up with the doors locked. If you first set the climate control to whatever temperature you desire, when you do this the A/C or Heat, as the case may be will come on. So I use this feature occasionally when our dog is in the car and we need to go into a store for a minute or two. Now some environazi may object, but that’s tough. Also, if this is such an environmental no-no, why are all the cop cars running 24/7. I see the CHP “sitting on highway construction sites at night,” lights blazing like a jukebox, and they sit there idling for a whole 8 hour shift. And the even funnier thing is that now this is about the only time I ever see a CHP unit on the highway. I drove from the Bay Area to Willows and back a few weeks ago, a trip of about 300 miles. Didn’t see one CHP on the highway coming or going. Just wonder what they do now.
Because he’s So Smart.
Here are the reasons why unattended idling is a violation: https://www.hg.org/article.asp?id=31777
Though you may not have experienced it (nor have I) automatics can pop out of park and into reverse. This results int the car driving in reverse in a wide circle about 10 mph. I saw this on a cops episode once. Kind of funny to see folks trying to jump in and stop the vehicle. Luckily that one was circling in the middle of a parking lot late at night so didn’t hit anything.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.