My child was in a fenced yard on private property jumping on a trampolene with an adult present at around 10:15 p.m. during spring break when an officer who is well known for his abuse of power against children pulled up, demanded he jump the fence, then made him lay down on the ground, march up the alley they were in, yelled and screamed at him, all with adult witnesses who have reported this to the chief of police present? Do I have to pay the $169.00 ticket, and by the way, after I went to the PD and pitched a fit the officer stated a neighbor saw the boys in the alley at a few minutes after 10 and called it in, the boys werent doing anything, but the officer stated he can still write the ticket because a neighbor saw the boy in the alley after curfew, he doesn't have to see it, he just needs the neighbors word on it. What can I do about this?
2007-04-09 15:27:54 · 5 answers · asked by Tracye P 1 in Politics & Government ➔ Law Enforcement & Police
Something about this story isn't right.
2007-04-09 15:35:30 · answer #1 · answered by Kacky 7 · 2⤊ 0⤋
Does sound pretty petty.
This is a misdemeanor violation. Usually, to be cited for a misdemeanor, the officer has to see the violation or has conducted an "investigation" that warrants the citation. If the officer is claiming a neighbor made a complaint, then that neighbor should have signed a complaint form or at least a witness statement.
I would take this to court, plead not guilty. This forces the authorities to bring the complaining neighbor to court. If the officer then tells the court that the neighbor is simply a witness, the witness still has to be produced. If what you say about the officer's abusive behavior is true, I suspect there is no witness or complaining neighbor.
Curfew laws do tend to differ in various jurisdictions. Here, an adult with the child after curfew is not a violation. An unsupervised child is the violation. That your child was in the alley for a short time should not constitute a violation, the adult was nearby. Supervision means control not eye to eye contact every single minute. Your child in an alley for a short time is no different than, say, a child going to the bathroom in a restaurant by himself.
Read your curfew law. Does it say anything about after hours supervision? I suspect the court will toss this ticket.
2007-04-09 15:57:23 · answer #2 · answered by Anonymous · 2⤊ 0⤋
The neighbor is the complaining witness, not the officer. If there is a hearing, the neighbor has to appear. Think about it before you throw another fit. Is this an ongoing problem with the children, and are they are playing in the alley?. Does your neighbor have a legitimate complaint?. If your answer is no, then, fight it.
2007-04-09 16:16:51 · answer #3 · answered by CGIV76 7 · 1⤊ 0⤋
You're boy has a constitutional right to face his accusser (that being the neighbor). So that neighbor must state that he saw your son in court.
You might also want to get together with other people in your neighborhood who have experienced this police-officer's abuse of children.
Who was the adult your son was with? Does he claim that the boy never left the yard? If he does, it is his word and your son's word agains the neighbor.
2007-04-09 15:36:58 · answer #4 · answered by Julian X 5 · 1⤊ 0⤋
An officer can ALWAYS write a ticket............I would talk to your county prosecutor and get the ticket annulled and seek legal recourse against the officer.
2007-04-09 15:33:28 · answer #5 · answered by GregK 2 · 1⤊ 0⤋