Discussion in 'Police Impersonation News' started by firefighter39, Apr 27, 2012.
Wow, Virginia is fuuuuucked uuuup...
No it's not.
A Fire Marshal in VA has full police powers, but this clown is not a FM so it doesn't matter.
"Now Commonwealth's Attorney Phil Ferguson has ruled that McCleod did nothing wrong. In fact, the fire marshal exercised his legal right as a citizen to arrest someone for reckless driving, Ferguson said. Ferguson cited a 2003 Virginia Supreme Court ruling in Hudson v. Commonwealth, in which an off-duty officer outside his jurisdiction made a traffic stop. The Supreme Court ruled that the officer had the right to make a citizen's arrest for reckless driving."
Allowing joe blow to pull someone over and arrest them for reckless driving? What standard does joe blow go by? My interpretation is probably totally different than the average idiot on the street. And what happens to the dumbfuck that pulls over some good ole boy that ain't happy and being "pulled over" for his perceived "reckless driving"? I stand by my statement. And I tell ya what, some fucking hero wants to pull me over, and he ain't wearing a uniform or showing me a badge, is getting the whole can....
When I go to work tonight I'll read the case law in full, but as the article states the guy in that case was an off duty police officer. 'Arresting' someone in VA doesn't necessarily mean putting the cuffs on them. To be honest with you I have no idea how this officer was able to ticket someone outside their jurisdiction since our summons are county or city based. Unless this guy was a trooper, which doesn't make sense either since he would have state wide power anyway.
Also if some random citizen wants to attempt their own traffic stop and gets killed so be it. We can't stop people from making poor life decisions.
Unless this fake FM actually went to the Magistrate and got a citizen's warrant I have no idea how he arrested him.
And if he went to the Magistrate for a driving violation than he is a douche and deserves some jail time for no other reason than being a retard.
I assumed when they wrote arresting they inferred a seizure.
Unfortunately MA (gov and nosey lib residents) tries too hard to prevent stupid people from doing stupid things. And I've never said MA isn't fucked up.. Quite the contrary....
Ok because I am bored I'll sum this up.
Off duty officer sees asshole driving drunk and lights him up. Officer than does not question driver and waits for another officer from the proper jurisdiction to perform the questioning, FSTs, etc. This is why there was no 4th Amendment and no 'under color of office' violations.
The reason the initial officer was able to stop him was because as a private citizen (officer or not) one can stop a 'breach of peace' done in their presence. Because reckless driving falls under a breach of peace in VA (which is based almost entirely on common law) you can stop and detain them until a police officer arrives.
The real reason this case law is in place is because the douchebag didn't want to blow in the BA machine and tried to get off on a technicality.
Yeah by arrest they mean summons and fuck trying to get a summons done outside your jurisdiction.
isn't there a town here in Mass. that has their fire fighters doing road details ?
Andover maybe ?
can they do anything if something happens in their presence ?
Virginia (and other states) use the common law of arrest. Basically, any citizen may make an arrest for a breach of the peace committed in their presence. Period, full stop.
No right to get a ticket book, no right to get the PD to transport, you're on your own to arrange getting the prisoner to court... even the jail doesn't have to take them. But, it *IS* a lawful arrest.
Are they doing the details as FF or a "specials."
not sure. only heard the story once. had this vision of jakes out in their bumper gear directing traffic .
Yes because Massachusetts legal system is that much better. I'm sure if we all took a few seconds we can find some painfully bad MA laws.
Citizen's arrests in MA have to be for felonies, and the standard of proof is "did in fact commit", so you better have videotapes of the smoking gun if you don't want your ass sued off.
Yes Andover fire fighters do details. I'll try to get the specifics about it. My brother in law is an Andover cop.
Fire marshals complete law enforcement training that gives them police power. But Suffolk police confirmed that McCleod had not had that training, the documents show.
After the incident, police sent Ferguson a report stating that McCleod "acted outside his abilities as a fire marshal inspector" and "does not have the authority to operate a vehicle equipped with blue lights." McCleod did not call 911 or police after he made the traffic stop, records show.
curios to find out
I was referring to the case law they were citing.
I know a guywho used to work at the UN. He is from St. Kitts and told me about the Jamaicans. Some funny stories. One was, the diplomatic corps used to have red lights to get through traffic for important meetings. One day the Jamaican delegation (or someone from it) pulled over a car for running a red light, or some such thing. They walked up to the car and started yelling at the driver and his passengers. After a few minutes, the driver asked just who the hell this guy yelling at him was. The guy (the Jamaican) was evasive and just kept on with, "...you're wrong..." this went on for a couple of minutes until the driver and his three passengers displayed their FBI badges and ids.
Red lights were taken from all diplomats shortly there after.
Separate names with a comma.