Possession by prohibited person... (almost)

[streaker69]

Why is he enforcing Florida law? Does he actually have the authority to stop a vehicle with expired out of state tags? Shouldn't it work the same as inspection stickers?

[Gman106]

Yeah, Ofc. Peachfuzz could have and should have used some discretion, but either way, nice to see a contribution from you, JW. Don't be such a stranger.

[jw34]

Why is he enforcing Florida law? Does he actually have the authority to stop a vehicle with expired out of state tags? Shouldn't it work the same as inspection stickers?

Yes. Vehicle code says a vehicle driven in PA must be legally registered in PA, or legally registered in another state. So driving in PA with an expired FL reg is a violation of 1301. Good stop for that. Tint becomes a non-issue because it's legal in FL. My issue is with the curious interpretation of constructive possession. If it were a large bag of crack in the center console and the passenger owned up to it, we'd only charge the passenger with possession, not completely ignore the passenger who wrote "property of" on the bag of crack (essentially what is proven by the ROS query) and then charge the driver.

[jw34]

Yeah, Ofc. Peachfuzz could have and should have used some discretion, but either way, nice to see a contribution from you, JW. Don't be such a stranger.

Thanks. Just a very busy guy without much free time to browse the internet. Full time Popo, part time Realtor, and do daytrading when I have a free minute.

[Daycrawler]

So, JW what do you intend to do about this bad arrest? Are you going to say something to a superior officer, or just let it go?

[esh21167]

Oh great, another cop bashing thread.

No wonder most of the police officers stopped posting here.

... I believe that jw34 is PSP...

To be more precise, it's an "Old cop bashing young cop" thread.

7gxw0w.jpg

[jw34]

So, JW what do you intend to do about this bad arrest? Are you going to say something to a superior officer, or just let it go?

The arrest was authorized by another supervisor of equal rank to me. That supervisor is the direct supervisor of the arresting officer. I work a different squad and supervise my own guys. I believe, technically, the arrest can be made. Ethically and morally, I think it's shitty. It's out of my hands after the fact and I know the report will be reviewed by bigger bosses. They'll probably let it fly.
I think the problem will be when the ADA reviews the case at prelim, and has discussion with the defense. It'll take the DA to say no bueno, and if they do, the defendant has a good case for civil suit.
Best I can do is stay in my lane and handle my crew. I've tried to fight the LE gods before. It doesn't work.

The purpose for the thread was to get 4A opinion on the constructive possession aspect from hopefully other persons knowledgeable in case law. I can see arguments for both sides of the case.
Yes, wasn't his gun. But he was prohibited from possessing and a gun was within inches of him. Does that meet requirements of constructive possession? It does. But, we know someone equidistant from the gun claimed possession. Definitely an arguable situation.

[Walleye Hunter]

The arrest was authorized by another supervisor of equal rank to me. That supervisor is the direct supervisor of the arresting officer. I work a different squad and supervise my own guys. I believe, technically, the arrest can be made. Ethically and morally, I think it's shitty. It's out of my hands after the fact and I know the report will be reviewed by bigger bosses. They'll probably let it fly.
I think the problem will be when the ADA reviews the case at prelim, and has discussion with the defense. It'll take the DA to say no bueno, and if they do, the defendant has a good case for civil suit.
Best I can do is stay in my lane and handle my crew. I've tried to fight the LE gods before. It doesn't work.

The purpose for the thread was to get 4A opinion on the constructive possession aspect from hopefully other persons knowledgeable in case law. I can see arguments for both sides of the case.
Yes, wasn't his gun. But he was prohibited from possessing and a gun was within inches of him. Does that meet requirements of constructive possession? It does. But, we know someone equidistant from the gun claimed possession. Definitely an arguable situation.

The DA seems like a decent guy. I'll keep my ears open for a decision on it.

[cdi]

IMO, never should have been charged. I'd cite the Young Prick exception.

[streaker69]

Which initiated the actual stop? The window tint, or the expired tag? Did he run the tag before the stop?