question about the 405

[looker009]

Originally Posted by Patrolman

Wrong again.

So you're telling me if you see vehicle violate the law, you lose sight of the vehicle for a minute and then you see it again you legally can pull it over even though you don't know if it same driver driving? Judge will laugh you of the court if your dash camera is subpoenaed and shows what I just described

[Patrolman]

I spent 40 years on the LAPD and I am also an attorney and I can assure you that you are still wrong. Now, if the officer was in pursuit, lost sight of the vehicle, and broke the pursuit off, then you are correct.

When I worked traffic enforcement, I could be in a stationary position, tag a speeding vehicle with radar, and radio to another unit located further up the road the vehicle's description. That officer would perform the traffic stop and cite the driver. If it resulted in a court case, both officers had to appear. We never lost a case.

[looker009]

Originally Posted by Patrolman

I spent 40 years on the LAPD and I am also an attorney and I can assure you that you are still wrong. Now, if the officer was in pursuit, lost sight of the vehicle, and broke the pursuit off, then you are correct.

When I worked traffic enforcement, I could be in a stationary position, tag a speeding vehicle with radar, and radio to another unit located further up the road the vehicle's description. That officer would perform the traffic stop and cite the driver. If it resulted in a court case, both officers had to appear. We never lost a case.

What you telling me goes totally against what I was taught by lapd watch commander alfred Hutchinson (member of blue ribbon commission) that taught AJ classes at LAVC. I been taught that an officer must have visual on vehicle at all time until stop of vehicle is made. You're basically saying the opposite and not explaining how you will be able to prove to the judge who was behind wheel of a vehicle if you lost sight of that vehicle

[Patrolman]

Originally Posted by looker009

What you telling me goes totally against what I was taught by lapd watch commander alfred Hutchinson (member of blue ribbon commission) that taught AJ classes at LAVC. I been taught that an officer must have visual on vehicle at all time until stop of vehicle is made. You're basically saying the opposite and not explaining how you will be able to prove to the judge who was behind wheel of a vehicle if you lost sight of that vehicle

This is not a black and white issue. There is a gray area to consider. The time factor would be the issue that would be considered the wobbler in a court of law. To to give a blanket statement that losing a visual, even for a second, would make the cite invalid, is grossly incorrect.

[looker009]

Originally Posted by Patrolman

This is not a black and white issue. There is a gray area to consider. The time factor would be the issue that would be considered the wobbler in a court of law. To to give a blanket statement that losing a visual, even for a second, would make the cite invalid, is grossly incorrect.

I am not arguing that losing visual on vehicle for few seconds will invalidate a ticket. However what I am saying that even few minutes might be enough time especially if it to happen on public street or freeway at high rate of speed. I agree with you that there is gray area which is hard to define

[highlanderfil]

Originally Posted by vincenze

I guess the police may gun down a driver who tries to kill people walking on the closed part of a highway instead of issuing a citation.

Not really sure what question you're answering here, but it's not the one I asked...

[vincenze]

Originally Posted by highlanderfil

Not really sure what question you're answering here, but it's not the one I asked...

So, what will happen in a case like the one I described?

A Greyhound bus broke down on the 5 and the passengers are moving on foot from one bus to another.
Then a "smart" driver decides that a road block is not for her and just drives in the direction of 50 passengers walking on the freeway.

[highlanderfil]

Originally Posted by vincenze

So, what will happen in a case like the one I described?

I don't care and I'm not sure why you're asking me?