a person with one. no other people complained or talked to the cop.but my friend was given a ticket .he parked off the road out of the car.there were no keys in the car he and a couple of friends were about fifty yards away from the car.
2006-11-11 19:52:27 · 12 answers · asked by terry a 2 in Politics & Government ➔ Law Enforcement & Police
the cop stopped just to check him and the boys out like to see if they had any guns knives, tanks,sub marines ,drugs ,planes,osamma binladen,maryjane in their pockets.they did not.but his driver license was not current.thats what he got a ticket for.
2006-11-11 20:33:34 · update #1
when tom first ask me that question no! was my first thought.it was at one time.az is the only state that i know that traffic tickets are mostly cival offenses.no .dont pay they worst punishment they take away every thing you own.no criminal record..i was hoping sombody would talk about even with a cop writing an infraction dont pay you will be a convicted criminal.i doubt most people could be convicted beyound reasonable doubt.with no witness of the event those are the words that were ment to be used before freedom is taken away .from you.my friend did not admit anything and no one saw him driving .he was not the one that was driving but he will be the one to pay 500.dollars.
2006-11-13 17:18:21 · update #2
In California, the general rule is that the police must witness the misdemeanor to arrest. There are certain exceptions to this rule. For example, California police may arrest suspects in misdemeanor domestic violence offenses, misdemeanor DUI offenses, battery on school grounds and certain other misdemeanors, based on probable cause rather than actually witnessing the crime.
That being said, the concept of charging someone for a crime is different than actually arresting them. When the police do not witness a misdemeanor crime they may still take a report and forward it to the courts or district attorney for filing against the suspect. So a person may still be charged with and prosecuted for a misdemeanor the police did not witness through this process - often referred to as a "long form" filing.
Finally, a ticket is not always paramount to arrest. In many jurisdictions, a citation is actually a summons to appear at a ceratin time and date. At that court appearance date your friend may find out that the charges against him were not filed and that may be that.
Good luck!
2006-11-12 10:26:22 · answer #1 · answered by James P 4 · 0⤊ 0⤋
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2016-06-10 19:14:37 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Of course he got ticketed. The officer would not be doing his job if he hadn't given the ticket.
But that isn't the question: the question was about seeing a misdemeanor. Firstly, a traffic ticket is a summons, not a misdemeanor charge. Secondly, an officer does not need a reason to investigate a situation he/she finds suspicious.
You don't say what the situation was, but the officer must have found it suspicious (and I'm sure if you thought about it you would too) in order to investigate.
2006-11-11 22:12:11 · answer #3 · answered by Voodoid 7 · 1⤊ 1⤋
To answer your question, no, the police do not need to see a misdemeanor occur to make a charge. A police officer can make an arrest (charge) for several reasons. The crime can be investigated by the police who did not see the crime occur and based on the information obtained in the investigation can present it to a judge who can issue a warrant for the arrest. Another situation is where a crime occurred when the police were not present, like in a domestic situation where one person strikes another person, and the police make the charge based on eye witnesses testimony or physical evidence.
2006-11-12 19:14:04 · answer #4 · answered by gablueliner 3 · 0⤊ 1⤋
If the cop sees sometihng illegal, he is obligated to ticket/arrest depending on the crime. If the car had something illegal in it that the cop saw, or was parked illegally, the cop can certainly give a ticket. If someone told the cop and then he went to investigate, he can also give a ticket.
2006-11-11 20:01:07 · answer #5 · answered by John C 5 · 0⤊ 0⤋
nope- i've been charged and convicted of a few offenses (both misdemeanor and felonys) in which the cops saw nothing.
i am consused as to how parking your car along the road is a misdemeanor though....
2006-11-11 20:11:13 · answer #6 · answered by Kerri 3 · 0⤊ 0⤋
Let me guess it probably happen like this: the officer observes the car and observes you guys hanging out, so he comes up to you and asked who belongs to that car? you say I do, he says let me see your drivers license, you give him your license and he says your license is expired.
You did not live where the car was parked and you told the police that the car was yours and that you are the driver. So guess what he is going to give you a ticket.
2006-11-12 00:57:18 · answer #7 · answered by Anonymous · 2⤊ 1⤋
I don't really know...
Once, in high school, I was trying to leave campus for lunch...a bunch of drama happened, and I eventually get sent to the school cop (by the narks) because I didn't have my license. He said he couldn't do anything about it because he didn't catch me.
2006-11-11 19:57:41 · answer #8 · answered by Haven 5 · 0⤊ 0⤋
In some states yes, in some states no.
If the boy admited driving the car, he would have been ticketed on his confession.
2006-11-12 02:55:22 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Not all cops are good. Some may milk some cash..so beware; they will charge you with anything to get their hands on some cash.
2006-11-11 19:58:45 · answer #10 · answered by ? 7 · 0⤊ 2⤋