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Originally posted by dxdydz
There was a case just like this years back. I'm going to try to find it. The police were found at fault and to have no authority to arrest the person.
Originally posted by Xcathdra
Originally posted by dxdydz
There was a case just like this years back. I'm going to try to find it. The police were found at fault and to have no authority to arrest the person.
Actually a few months back the US Supreme Court ruled in favor of a person who was cited for warning people of a speed trap. The court ruled the person was protected under the 1st amendment and could not be charged.
I will try and fine the case but to my knowledge it created case law precedent in this area that should apply to this persons situation as well.
Originally posted by OccamAssassin
I ask this.... What if a driver who would have been caught speeding in the trap - but didn't due to the sign - later that day, sped through a residential district and hit a child?
What about if she directly distracted a driver - squinting to read her sign - and the driver lost control and killed someone.
If she wasn't there, would people guilty of committing an offense be charged for their driving transgressions?
Would her actions deter the same people - who would normally speed - to change their ways?
To be fair you would have to ask the same of the 'speed trap' itself. Would the speed trap deter people from speeding? Yes, but only when the general public driving on the roads DON'T KNOW WHERE THEY ARE!
Originally posted by butcherguy
reply to post by nixie_nox
Or if she was in a neighborhood, which she was, that might be full of kids.
thank you! You are finally coming around and giving us reasons that she should be slowing traffic down.
How would a speed trap no one knows about deter people from speeding?
Originally posted by violet
I didn't know that was illegal to warn motorists to slow down.
Perhaps they should arrest a few traffic lights.
Originally posted by Carseller4
I remember that...believe it was for warning oncoming traffic by flashing lights.
What part of freedom of speech do these police departments not understand?
Originally posted by yourmaker
here in Vancouver our news station 1130AM takes calls for people to warn where the speedtraps are.
every 10 minutes we get a good solid warning on the whereabouts, pinpoint locales.
they tell us where like 4-5 of them are throughout the metropolitan area.
Originally posted by OccamAssassin
reply to post by JohnnyNuisance
How would a speed trap no one knows about deter people from speeding?
That is the whole point of speed traps. If everyone knew where they were they would be completely ineffective.
Trap - A trick or arrangement designed to catch someone in a more general sense.
Originally posted by Xcathdra
Originally posted by Carseller4
I remember that...believe it was for warning oncoming traffic by flashing lights.
What part of freedom of speech do these police departments not understand?
That is her side of the story.. We have not heard the Police side of the story and with as large a department as they are the cars should be equipped with cameras.
I would like to see the police side of the story before we go down this road. It does not sound right that an officer would pull up, grab her and search her bag before even saying anything. I dont think we are getting the entire story.
if the citation is based off of her actions / location then its not a 1st amendment issue (the Supreme court case dealt solely with the person being charged for warning about the speed trap and nothing else).
If the cop in fact made something up then by all means, rally the lawyers and go from there.