Hi there,
Thank you for taking the time to submit this police report. I'll respond to each defense individually, and state my conclusion at the end of this post.
Hello sir as there was high crime in the city at the moment and many officers were being killed and/or the people were driving away while being ticketed, it was made standard procedure to spike strip the middle of the car during a traffic stop. I can not say anything on the validity of the tickets as I was not he one issuing them
The spike strips were excessive, and brought harm to the public image of the Monoford Police Department. This isn't something you should be making standard procedure, nor do you have the authority to create new standard procedures. The only traffic stop in which you may preemptively place spike strips under the vehicle is in the event of a felony stop, in which a crime has been committed and the driver is being detained. Additionally, as the Police Captain, it is your responsibility to enforce our policies and you failed to act on several officer infractions that occured right in front of you.
I usually ticket based off the ANPR system. I made a mistake in this clip looks like his license was good. As far as the two tickets for illegal parking, If enough time has passed after the first ticket and he is still parked illegally then I feel justified in ticketing again as they have ignored the first one (likely because the ticket is such a small amount).
It is not an offense to
have an expired driver's license, nor is it an offense to be inside a vehicle while having an expired driver's license. It is only an offense to operate a motor vehicle with an expired driver's license. The ticket was invalid from the start and never should have been issued.
The following is taken straight from our lawbook:
1-6. It is an offense to operate a vehicle without possessing the relevant, valid license required to operate it.
Punishment: A max fine of up to $2000, or a max jail sentence of up to 5 Years.
Regarding the parking ticket, I'm not against issuing a second ticket if a reasonable amount of time has passed and you feel it is necessary, but a fine of $2275 is excessive. The maximum fine for a parking ticket is $1000.
The following is relevant from our lawbook:
1-9. It is an offense to park a vehicle fully on a sidewalk, or in a place that causes an obstruction or compromises safety or emergency vehicle accessibility to vital resources.
Punishments:
● Obstruction or partial obstruction of a sidewalk, or walkway: A fine of up to $1000
● Obstruction of a location that compromises safety or emergency vehicle access, or access to vital resources: A fine of up to $2000.
I was one of the 2 pine county deputies in this incident. I was the unarmed one that only talked to him. I did not place a spike or ticket the vehicle. Derek Smith announced in that the vehicle had expired documents so he issued a ticket on the vehicle.
As shown in the video evidence submitted, you did in fact place spike strips under the vehicle.
maybe you should see if it was stolen what it was that day
I really like that this was brought up. Officers should keep in mind that the owner of the vehicle and the driver of the vehicle aren't always the same person. I've included two scenarios below to emphasis where this could make things slightly more complex.
Example Scenario 1:
You are approaching a vehicle from behind that is stopped at a red light, your ANPR shows that the registered owner has an expired license, and you pull the vehicle over. The driver has a valid driver's license and is borrowing the vehicle from a friend. No offense has been committed in this scenario.
Example Scenario 2:
You observe a vehicle proceed through a stop sign without stopping and you pull the vehicle over. The driver is borrowing the vehicle from a friend. The driver of the vehicle may be issued a ticket in this scenario, however it is important that the ticket is issued to the driver of the vehicle, and not to the vehicle itself (or it will be issued to the registered owner instead).
Always run the driver's ID
and the vehicle's license plate. When you issue a ticket to a vehicle, it goes to the registered owner of the vehicle. Make sure you are issuing the ticket to the correct individual.
My conclusion on each individual involved in this report is the following:
Derek Smith
Count 1. False ticket.
Count 2. Excessive parking ticket fine ($2275).
Count 3. Improper use of spike strips.
Conclusion: 3 points against their police record.
Abdul Rashid
Count 1. Aiding & abetting with a false ticket.
Count 2. Improper use of spike strips.
Conclusion: 2 points against their police record.
Bobphiji Smith
Count 1. Improper use of spike strips.
Count 2. Failure to act as a Police Captain on officer infractions.
Conclusion: 3 points against their police record. 5 day suspension from police supervisor roles (Lieutenant, Captain).
I hope that you have all gained a better understanding from this report and I suggest referring to the Monolith Law Book and Police SoP for a further understanding of our laws and policies. Note that future infractions will result in a harsher punishment.
Best regards,
ArcticSalad