Off Duty Police Misconduct?- He had his wife and child in personal car. Acted Under the color of the law? Entrapment?



New young off-duty cop in street clothes out of jurisdiction saw an ATV tipped on its side that was on a designated ATV trail. With wife and child in his personal vehicle. Stopped at scene called dispatch stated there were no injuries or damages. Personally calls rural city cop tells him he smelled alcohol While at the scene he announced he was an off duty cop to the atv riders & stated that no one was to tip the ATV back and leave the area. All the riders left the area & continued on the trail including the suspect of the tipped ATV. He calls city cop again and tells him he would meet up with him where the trail comes out which is several miles away. He drives over to other location with wife & child and waits. Gets out of car chases suspect down the ATV trail and stops him. City cop joins off duty cop. Would this action count as entrapment? Did his announcement fall under the color of the law? He did not detain the suspect nor stated why they had to stay. Was his announcement that he was a cop enticement for everyone to leave the area and then arrest the one suspect later where he waited for him?
This would not be misconduct.or entrapment. Anyone, police officer or not, could have acted in the same manner. I not sure why you believe the presence of the wife and child has anything to do with anything. You may want to look up the legal definition of "entrapment.'
No, since they did not write the law for you. What you need to look for is a Grandfather Clause that lets those who had it legally, get to keep it legally.   

  

Edit: No, TD, it is so the police can see the driver. Actually, under the California Implied Consent/Admin Per Se laws, you may have something to worry about. I would do two things if I were you: 1) check with the California DMV to make sure your driving status is still good so that you don't add to your sitaution by getting a driving on a suspended license charge; and 2) contact a local DUI lawyer for a free consultation to make sure you haven't missed anything (doesn't mean you have to hire anybody... just call so you know for sure rather than relying on this forum). See the source below for information on the CA DMV and implied consent for DUI cases. There are also links on that page to all of the relevant official CA DUI guides. Good luck with your case. no, they were just kids, and he could have taken his car to the car wash for $10.00. this will end up costing him a whole lot more money in legal fees, his freedom, and maybe his life. what is shocking is the comments below the article. they all seem to think that it was okay to kill the kids for tp-ing his car. who hasn't done that when they were an adolescent. sounds to me like your husband already chose you over them (which is why the two of you are still together and have a family), so why would he not do the same thing now? if he is considering going, then i would definitely remind him of the agreement that the two of you made. i know that it seems harsh, but a deal is a deal. how would he feel if the situations were reversed? my guess is that he'd have the same response as you are having now.

if his daughter wanted to see him, then she could have done it before now; since she hasn't, it seems to me like this is a convenient way to get some money out of him (while driving a further wedge between the two of you). also, it is not up to him to contribute to the wedding - in my mind, if a couple wants to get married, then it should be done on their own dime (and to hell with tradition). being married for 20 years i find the idea exciting and a major turn on. in fact i find it so hot. a number of years ago my wife went away for a girls weekend twice to a local beach-ie island getaway. we're very open and she told me how she was a bad girl in the party/bar pool. a hot guy was digging her and bought all her drinks. they got really touchy feely in the pool and she enjoyed being grouped and rubbed and grouping rubbing him. she even snuck her hands in his swim shorts and played with him. this action went on for hours. stroking, rubbing, grabbing, making out.when she got home i threw her in bed, made her tell me her all the dirty details, then we had the hottest sex. the next year she went back for the same girls weekend. i basically gave her open permission to do what she wants. i even highly encouraged her to be even more dirty. but she doesn't really have an interest in doing more, so her dirtiness didn't get any more than the first time she was there. nevertheless she came home and we banged hard as she told me the bad things she did do. that is about as wild as things have gotten, mostly because she doesn't have an interest to do more with other guys. however, i would be open to having a very kinky arrangements if she was game. dear worried<br><br>i do not think there is reason to be worried, but best would be to talk to your gp.<br><br>regards, maritha<br><br> Sure.   

  

But most of the time they try to turn it down, because department regulations prohibit it in most places. Some places (in the old days) used to do it to try to curry favor and get better police protection. That is not really the case any more. Everybody knows that cops lock up the guy who bought them the free meal, just like they do the guy who charged full price.   

  

It is embarassing in someplaces, and some places won't take no for an answer, so you end up leaving a BIG tip. And someplaces are so flagrant aboit it, you stop going there.   

  

Back in the old days, when we made less money that any other public servant, we interperted it as a nice gesture. Now, we aren't sure why people do it. I guess it is somewhat akin to a professional courtesy. Lots of restaurants give half price to the guys who deliver to them, or the plumber who fixes their rest room.   

  

As far as the donuts, I love them, but don't eat too many any more, I have gotten too fat. But i do drink lots of Convenience store and donut shop coffee. Once upopn a time, only diners were open at night, all night, and it gave a police officer someplace to take a break from either foot or mechanized patrol. In the middle of the night, there are different people out and about in the world. So, the newspaper delivery man, the cop, the donut shop waitress and the bartenders going off duty are the only people around and they would often all come together in the diner or donut shop. it is illegal to be in the back of an ute in the first place,
and you'll be charged with trespassing. a finds the key to y's house door, which y had lost, and commits house-trespass by entering y's house having opened the door with that key. what offence has a committed?&nbsp; i agree with your friends. you obviously like each other because he claimed to be willing to make the long drive to see you, he willingly met your parents to good effect, and he responds well when you call him. however, we cannot know what he is thinking until he makes some positive overtures in your favor without prodding. he probably has only the vaguest ideas what to do with himself regarding the relationship with you, so maybe you should give him time to clear his head. you must give him space for a few days to a week, maybe, before calling him again. he could be concerned about a long-distance affair, he could be overwhelmed by pressures of daily life, or just grappling with his shyness (since, you say, he's not been in a relationship before). if you get a weak or no response after about a week, call him and ask him directly how he feels about your mutual arrangement. once you allow him to make the moves himself it will all turn out well.