Is this Legal/Ethical?

[CountTom]

Of course the cop is right but that doesn't mean it shouldn't piss you off. Tailing a guy home so you can bust him for being 3 minutes over curfew is a dickmove in whatever universe you are.

It's a "dickmove" because it's illegal

 

[Nigh Invulnerable]

My only problem with the cop's action is that 3 minutes could literally be the difference between his watch and the kid's, or the difference in hitting a red light or rail road crossing at the wrong time. If the kid already had a history of offenses it would be another matter, but for a first time offense this is ludicrous.

If I was a cop in that situation, 10 minutes would be my give time. 10 minutes or less could have happened because of bad luck. Anything more than that is bad planning on the driver's part and therefore deserves some kind of punishment.

 

[chstens]

Pardon me, but... Curfew? Really?

(I know what curfew means, I just find it astonishing that someone, some place actually enforces it, and that there is a curfew in the first place)

 

[mr_rubino]

Cop was in the right.

Neighbor was in the wrong.

Not everything is black and white. I really think that 3 minutes of minor violation does not equal 2 years of suspension from driving. Theres a time to crack thw whip, and theres a time to let things slide. This was one of those times.

It's not the job of police to pick and choose how and when they enforce the law.

The officer did his job.

Period.

My father was a cop. My grandfather was a cop. I plan to be a cop someday. I'm familiar with the law, and cops can exercise discretion in instances like these.

It doesn't matter how you think or feel.

There is no issue of ethics or illegal activity on the part of the officer.

He enforced the law on someone breaking the law.

Get over it.

Actually, this is a perspective-seeking thread, so I believe my opinions WERE welcome here. And I don't remember saying anything about the officer doing something illegal, but yea, unethical if you ask me.

Lawful discretion is a policy, not something I "think or feel". An officer has a right to exercise it, and I feel that he should have in this case.

You disagree. I don't really care, I just hope its not exercised on you the next time you're pulled over for inevitably doing something stupid.

PK's... naivete is pretty legendary. You should probably start from the position she will never see the world in anything more than black and white if you want to start a monologue with her.

 

[Vykrel]

there could be many factors that led to the kid being a few minutes late. the cop probably didnt give a crap about any of those factors. the kid could have resorted to speeding to avoid breaking curfew, but i doubt the police would have appreciated that. they should have let it pass

also, what the hell happened to warnings? do they only still give those out to hot blonde chicks or what?

 

[mr_rubino]

Cop was in the right.

Neighbor was in the wrong.

/thread

so, umm, why do you question it? He should have just left earlier. You need to be prepared for this stuff when you have such a responsibility.

It is not "fair" per se, but it is the law.

I may or may not support that law, but all that matters is that IT IS the law, and the law should be respected.

If you seriously want to make a change in the law, go talk to court about allowing 16 year olds to be able to drive at midnight. Complaining to me on the escapist about how the law is evil will not help that law change.

Where the fuck is this? Cos if its in a "free" country a curfew is fucking bullshit to begin with. This fucks me right the way off. Cop is a cocking cock stain.

the curfew is only for kids like 16-18. it's to protect them from getting hurt. Do you want 16-18 year olds driving around past midnight?

I sure don't because... ... ... ... ... it's bad.

 

[DuctTapeJedi]

Legal, yes. Ethical, not so much.

I'm generally not a huge fan of "Zero Tolerance Policies."

 

[zHellas]

What if there was a traffic jam? Or some such unexpected thing happened that left him stuck?

Lady Luck can be a real *****... Probably what the cop might have said.

OT:

That's a bit anal to actually arrest because of 3 minutes past, but being out past curfew was also against the law that was set.

 

[laol1999]

it seams kind of bad but the cop could do it and your friend was technicly breaking the law
when you think about it though, the cop was being a jerk and really shouldn't have done that

 

[Amalith]

The cop is a dick. Three minutes? Following him all the way home? That's some grade a bullshit right there. There might even be some profiling involved.

so, umm, why do you question it? He should have just left earlier. You need to be prepared for this stuff when you have such a responsibility.

So you believe he should be held responsible because he got caught up in a traffic jam he had no idea about before he left?

if you are late to work because of a traffic jam you will be responsible for being late as well.

It's life. It's not fair, but that is just how the world works

When you're late for work once you aren't immediately fired. Yeah, it looks bad and may result in that if you're late too often, but usually being a minute late isn't a big deal. Besides, this is coming home. There's no absolute reason to be at your house at a specific time. The law is to prevent them from being out partying at 1 and driving drunk, which is somewhat understandable, but the guy was on his way home. Once the cop saw that he should've let it go.

Cop was in the right.

Neighbor was in the wrong.

/thread

so, umm, why do you question it? He should have just left earlier. You need to be prepared for this stuff when you have such a responsibility.

It is not "fair" per se, but it is the law.

I may or may not support that law, but all that matters is that IT IS the law, and the law should be respected.

If you seriously want to make a change in the law, go talk to court about allowing 16 year olds to be able to drive at midnight. Complaining to me on the escapist about how the law is evil will not help that law change.

Where the fuck is this? Cos if its in a "free" country a curfew is fucking bullshit to begin with. This fucks me right the way off. Cop is a cocking cock stain.

the curfew is only for kids like 16-18. it's to protect them from getting hurt. Do you want 16-18 year olds driving around past midnight?

Sure, you may argue that it's not fair and that people with less than 2 years of experience should be allowed to drive until 4 am, but the law is the law, and it should be respected. Sure, that cop was a little bit of an asshole, but if he let him off, he would be bending the law for the kid. It's his job.

Also, not to mention that the kid probably did something to catch the guys attention while driving. policemen do not tail someone for looking young.

Your last point is true, but if after following the guy all the way home and not seeing anything ticketable, then just dropping him on cerfew charges because he was feeling buthurt isn't. The rest is utter bullcrap. Was Hitler right for killing all the Jews? no. but the law is the law, so everyone sat around while it happened. Government officials aren't some infalliable heroes: most of them are corrupt douches. This isn't nearly that bad, I'm aware, that was to drive the point in. That doesn't make it any more right to sit around and blindly accept whatever the government does though.

And yes, 16-18 year olds should be allowed to drive whenever the fuck they want when they have a license. Just because they're minors doens't mean they're not people. And by that age I was pretty responsible, even if some arbitrary law said I was less of a person because I was two years younger than I was supposed to be.

 

[Tron-tonian]

Legally, he's in the right.
Ethically - pretty sketchy. The kid was doing the right thing, and exceptionally close to the time limit. A simple warning should have been sufficient.

And for the "It's the law! crowd" - my brother is a police officer, and their general rule is "If you're going slower than us, we won't worry." They're routinely going 75mph. So, yes, they do have a LOT of latitude in what gets enforced. See also: being polite vs. being a jackass when pulled over.

EDIT: Your neighbor should definitely be planning on fighting the ticket on the grounds that getting home on time would have involved unsafe driving. He still did the right thing, and was within a 5 min. window.

 

[ZephrC]

Curfew? Really? What, is the cop also this kid's mom or something?

Honestly though, it's probably legal, although depending on circumstances that might be questionable, but it is totally and unequivocally unethical.

 

[Berethond]

Cop was in the right.

Neighbor was in the wrong.

No, the cop was not in the right.
What the cop did was illegal.

 

[Berethond]

If the cop tailed him home and asked to see his vehicle inspection, found it expired, and ticketed him, I'd think the same thing.

That would also be illegal for the cop to do, according to U.S. law.

 

[Prince Regent]

As the curfew was midnight he was technically violating it

Dude a curfew? Im intrested to know where do you live. North Korea or something?

Aside from that, this situation has nothing to do with ethics and would seem legal to me.

 

[Berethond]

And yes, 16-18 year olds should be allowed to drive whenever the fuck they want when they have a license. Just because they're minors doens't mean they're not people. And by that age I was pretty responsible, even if some arbitrary law said I was less of a person because I was two years younger than I was supposed to be.

i'm 16 and I really would not want either me or my friends to drive past then. Not only do you get tired,out driving skills are not exactly perfect.

Did you know in Greece you cannot even drive until you are 18? I think it is a privilege even be able to drive at all at that age.

Anyway, like I said at least 10 times on this stupid thread, IT'S THE LAW. If you think it is unfair, TAKE IT UP TO COURT. What will whining to me do? nothing!

I may have been picked as the few kids in america to go and study law at DC, but i'm no government official. You can argue all you want but all that does is make you look like a dick. Do to the actual government if you want to change it

Actually, the police officer's actions were illegal because he cited him without reasonable cause. It's illegal in the U.S. to pull over a motorist because of suspicion he's violating license provisions, there has to be evidence of some other illegal activity.

For example, police officers cannot attend a court session in which someone's license is revoked and arrest them after the defendant drives away in his car.

 

[Fraught]

Legal? Yes. Ethically sound? No.

Curfew laws are, in and of themselves, bullshit anyway.

 

[Double A]

it is indeed the law. and although i don't necessarily think it's fair, i would point out that "driving while 16" is a much bigger public hazard than the old standby "driving while black".

besides, i want those darn kids off my lawn!

I don't want to go into the whole story right now, but now it's "Driving while being white, male, and older than 50."

 

[chrono16]

Cop was in the right.

Neighbor was in the wrong.

Not everything is black and white. I really think that 3 minutes of minor violation does not equal 2 years of suspension from driving. Theres a time to crack thw whip, and theres a time to let things slide. This was one of those times.

It's not the job of police to pick and choose how and when they enforce the law.

The officer did his job.

Period.

My father was a cop. My grandfather was a cop. I plan to be a cop someday. I'm familiar with the law, and cops can exercise discretion in instances like these.

It doesn't matter how you think or feel.

There is no issue of ethics or illegal activity on the part of the officer.

He enforced the law on someone breaking the law.

Get over it.

If he was tailing the guy, he could have been tailing him for a good 3 minutes. Why did he wait? If he ran the plates and the kid came up on the car and it had his age, then the cop should have stopped him at midnight. I have a couple friends who have been caught after curfew. They got a ticket. No license suspension. The court will probably throw this out. The cop probably got yelled at by his teenage son before his shift and was taking out frustration...

 

[HT_Black]

...You have a curfew? Where do you live?