Quote from: lethe on December 25, 2011, 05:03:18 AM
fire fighters are such pyros, they'd burn the world down if we'd let em

Fire makes you clean

When you are clean Santa loves you

Quote from: hbliam on December 25, 2011, 07:33:12 AM

Knock on the door.

If no response I'd hopefully find a reason to tow the car. That usually gets them to come outside (it worked earlier tonight on a hit and run). If I watched him get out of the car and he wouldn't stop when ordered to and continued into the house I get to go too. Fresh pursuit.

The smartest thing he could do is go inside and start drinking. Then come to the door about the time the tow truck shows up.

Here you've got zero property damage, no victim, no ID of driver (just car), and the car is now on in the guy's driveway and he's home.  What on earth can you "find" to tow the car?      And when you tow the car and the guy walks out of the house (an hour later then when he parked if you're fast) what do you do?  FST?  He doesn't have to consent to that or breath or blood as he's not driving.  And the illegal seizure of the property won't poison absolutely everything after that in the case?  

Now there are two posts with easy criminal case tossed and good civil case ramifications.  


As far as the initial post, sorry, man, nothing else you can do but call when you see it and hope driver is caught while still driving.  (and No way that other car was a cop).  

Quote from: Statler on December 25, 2011, 12:35:49 PM

Here you've got zero property damage, no victim, no ID of driver (just car), and the car is now on in the guy's driveway and he's home.  What on earth can you "find" to tow the car?      And when you tow the car and the guy walks out of the house (an hour later then when he parked if you're fast) what do you do?  FST?  He doesn't have to consent to that or breath or blood as he's not driving.  And the illegal seizure of the property won't poison absolutely everything after that in the case? 

Now there are two posts with easy criminal case tossed and good civil case ramifications.   I'd say unbelievable but as I'm doing more criminal work now I believe every bit of it.


As far as the initial post, sorry, man, nothing else you can do but call when you see it and hope driver is caught while still driving.  (and No way that other car was a cop). 

I may not be explaining myself very clearly likely because this is a shorthand post and not a report that needs all the info.

Of course it's not the perfect scenario but about 95% of drunks I run across aren't thinking clearly (duh). So yes, they will come to the door, come outside, do FST's, whatever. Did he have to? No. Did he consent? Yep, thus negating any of your objections. And it's on video and audio. Mr. Cobalt (a victim of assault with a deadly weapon) or the OP can ID them (first question to both and if they can't the guy is off the hook). I don't work in the sticks so response times are fast. I can have a tow truck in as little as five to ten minutes to tow a car that was involved in a crime (ADW). I don't have to see them driving, even the DMV admin per se forms have an area to include a private citizen as the witness to driving.

Then the DA will offer the guy a deal if it's his first offense (3 years probation, ignition interlock device in car, DUI classes) and I won't even go to court. In fact I haven't been to court on over 100 DUI's in the last two years and a check of the cases shows them being filed and convicted.

So, I'd get my conviction and your civil complaint would never make it to trial after our City Attorney finished with it.

You are right though. An hour later he comes out? No dice. No witness to ID the driver? No dice. No answer at the door? No dice.

Goes right along with: I am still surprised when I read a suspect Miranda information and they admit the crime to me. 90% of people do and they have all seen enough TV to know they shouldn't. Goes back to my theory that people are generally honest and good or want to be.

Quote from: hbliam on December 24, 2011, 04:17:13 PM
Witness to put the driver behind the wheel? Good enough in CA. I would have pulled him outside and done the FST's on the sidewalk in front of his house and wife. Then took him to jail.

I think you explained yourself pretty clearly the first time.

and even after the several additions it's still pretty clear.

You often arrest people for adw based on someone's unsworn statement that someone they didn't know swerved into the lane of someone else they didn't know while they were all driving?   Wait.. I mean arrest him after you towed his car from his driveway to get him out of his house?  All this based on Kevin's call to 911 (and then possibly talking to him on the scene (the guy's house) (where mr. cobalt already left)?

yup.  strong case.   

Fence your yard and lock your gate, folks.  Someone may not like you, call that you were driving erratically, and set this in motion.   

My apologies.   I did not intend to get into a legal e-penis measuring contest.   The initial comment and follow up struck a chord with me.   I know Scott would not act as it sounded in his first post with just the info given.   

ML, I sent you a PM.

The second law office is, similar to the child abuse and neglect stuff, allowing me to see a side of a system I did not see before.  It's not a pretty underbelly.   One more topic I will try to avoid after 5:00 pm.

I think you're the Grinch.


Oh wait....

You are the Grinch aren't you?

This one time at Band Camp......

Quote from: cupcake on December 25, 2011, 03:26:37 PM
This one time at Band Camp......

+1...and now for something completely different!

so...implementation of some James Bond Q-type devices for crime prevention for when you are on the road....discuss...

This?

Trunk Monkey 4 - Theft retrieval system