Hey folks i am the humble owner of a 93 rt-10 and i thought this being a viper board we might have some legal experts here.
On sunday nights my wife and i go to the local cruz spot in my town which has been the same cruz spot for 40+ years(so i am told i am 27) it is divided into varius sections covering 10? miles of the same road. It is fairly typical with certain areas made up of low riders just cruzin and certain areas made up of the street racing/rod/hangout and bs crowd. I fall into the latter crowd as I never street race but i do enjoy the action and the friends. We hang out in three seperate lots over a 3 mile section of the cruz spot(the other 7ish miles is for low riders and none performance oriented imports and what not and is usually associated with drugs ,fights , and general thugery(a word?) and their section is generaly not transgressed by the performance/rodder oriented crowd and vice versa. Of our 3 hang out lots 1 is a large car wash that the owner has given us ongoing permision to hang out there after hours on sunday cruz nights.(we dont leave trash or vandalise perhaps the occasinal burnout leaving the lot)the second lot is a gas station that is open and also allows us to hang out. and the 3rd is a public side street no longer in use that paralels the cruz road for about 1000 yards(great vantage point for watching the street races). The police whom have three overtime cops every sunday dedicated to our little three mile section spend their time patroling the roads busting those who break the law. This is the way it goes and i understand that if you play you must pay(although they wright a lot of tickits for chicken sh#t stuff..licence plate light not bright enough.... and get a little heavy handed) they never bother those parked in one of the lots, they drive through a lot and do all their spot lighting bullsh#$ but they leave us alone and around 3am tell us to go home. I assume that is when they are off duty. We all leave and that is a sunday night at the "spot". This past week however when people started showing up (usually around 9pm) the cops had 2 of the 3 lots cleared and would not allow anyone to park. Telling all commers that their would no longer be any hanging out on sundays. The 3rd lot (the open gas station) was full of cars (but not to many more than ussual) at about 10pm the police went inside the gas station emerged about 10 min later and told us to leave and never come back. now do we not have a constitutional right to peacable assembly. and what about the right of a land owner to give permision to some one to use their property ???? their was no new city ordinance and the best we can figure it was the wekend fast and furios came out as well as the end of public school for the summer. ironicly the police did not kick out the cruzers on the "other side of the tracks" from their lots. with the exeption of traffic violations (admittedly some pretty bad) on our end of the "spot" there is rarely any problems. on the other end every week results in an altercation or something that ussually ends up on the news. and without anyplace to park most people where forced onto the streets(my wife being the voice of reson saw the red flags all over this and heading her advice we went home post haste) others however were not so lucky leading to an all time record number of tickets and an assalt on two young women(racer chicks who went to the cruzer lot that was allowed to remain open, they found the police showed them their bruises and the kicked in quater pannel on their car, pointed out the perps and the police gave them( the girls )a number to call WTF!!!!. so from a legal stand point what can be done about are lots. i am not an extravigantly wealthy man but this seems like the kind of thing that someone like the aclu would be all over. what are the limits of police power? what recourse do we have when they do illegal things? any advice? anone with a similar experiance?
Hey folks i am the humble owner of a 93 rt-10 and i thought this being a viper board we might have some legal experts here.
On sunday nights my wife and i go to the local cruz spot in my town which has been the same cruz spot for 40+ years(so i am told i am 27) it is divided into varius sections covering 10? miles of the same road. It is fairly typical with certain areas made up of low riders just cruzin and certain areas made up of the street racing/rod/hangout and bs crowd. I fall into the latter crowd as I never street race but i do enjoy the action and the friends. We hang out in three seperate lots over a 3 mile section of the cruz spot(the other 7ish miles is for low riders and none performance oriented imports and what not and is usually associated with drugs ,fights , and general thugery(a word?) and their section is generaly not transgressed by the performance/rodder oriented crowd and vice versa. Of our 3 hang out lots 1 is a large car wash that the owner has given us ongoing permision to hang out there after hours on sunday cruz nights.(we dont leave trash or vandalise perhaps the occasinal burnout leaving the lot)the second lot is a gas station that is open and also allows us to hang out. and the 3rd is a public side street no longer in use that paralels the cruz road for about 1000 yards(great vantage point for watching the street races). The police whom have three overtime cops every sunday dedicated to our little three mile section spend their time patroling the roads busting those who break the law. This is the way it goes and i understand that if you play you must pay(although they wright a lot of tickits for chicken sh#t stuff..licence plate light not bright enough.... and get a little heavy handed) they never bother those parked in one of the lots, they drive through a lot and do all their spot lighting bullsh#$ but they leave us alone and around 3am tell us to go home. I assume that is when they are off duty. We all leave and that is a sunday night at the "spot". This past week however when people started showing up (usually around 9pm) the cops had 2 of the 3 lots cleared and would not allow anyone to park. Telling all commers that their would no longer be any hanging out on sundays. The 3rd lot (the open gas station) was full of cars (but not to many more than ussual) at about 10pm the police went inside the gas station emerged about 10 min later and told us to leave and never come back. now do we not have a constitutional right to peacable assembly. and what about the right of a land owner to give permision to some one to use their property ???? their was no new city ordinance and the best we can figure it was the wekend fast and furios came out as well as the end of public school for the summer. ironicly the police did not kick out the cruzers on the "other side of the tracks" from their lots. with the exeption of traffic violations (admittedly some pretty bad) on our end of the "spot" there is rarely any problems. on the other end every week results in an altercation or something that ussually ends up on the news. and without anyplace to park most people where forced onto the streets(my wife being the voice of reson saw the red flags all over this and heading her advice we went home post haste) others however were not so lucky leading to an all time record number of tickets and an assalt on two young women(racer chicks who went to the cruzer lot that was allowed to remain open, they found the police showed them their bruises and the kicked in quater pannel on their car, pointed out the perps and the police gave them( the girls )a number to call WTF!!!!. so from a legal stand point what can be done about are lots. i am not an extravigantly wealthy man but this seems like the kind of thing that someone like the aclu would be all over. what are the limits of police power? what recourse do we have when they do illegal things? any advice? anone with a similar experiance?
If the lot is private, and is posted by an owner that there is no trespassing, you cannot use it. however, if you can find the owner and arrange payment for the rental of his property. Then the police have no leg to stand on as far as asking you to move, but is there is plausable cause, they may try to disband the 'event'. But watch out when you leave the property.
What I would do is to look for the owners and ask for permission.
we do have permission to be at the car wash and the gas station(verbal). also what about public property..i.e.. the side road we also hang out on. i understand plausable cause but i think that is the heart of the legal issue how do we find out what their reson is(i assume they have to have one to have a legal justification to tell us to leave and not ever come back) and how do we fight it if they are wrong? what are our rights and how do we exercise them? Hell i am a scientist and not a very good one and i certainly dont know very much about law.
we do have permission to be at the car wash and the gas station(verbal). also what about public property..i.e.. the side road we also hang out on. i understand plausable cause but i think that is the heart of the legal issue how do we find out what their reson is(i assume they have to have one to have a legal justification to tell us to leave and not ever come back) and how do we fight it if they are wrong? what are our rights and how do we exercise them? Hell i am a scientist and not a very good one and i certainly dont know very much about law.
Ok, if this whole thing for real and not a joke. Also, does Everyone in Texas except GWB owe a Viper. The ACLU, I am sure don't give a shit about cruisers, they only worry about some lameass foster child beater bitches in Florida, and any minorities issue, are you a minority, if so you came to the wrong place for advise. Bottomline, to ta-da-ta with Cops is just asking to be handed you ass. Public Property issue with Cops will get your head busted. My advise is to rent some Porn flicks and watch them with your wife, and forget the cruise thing or give it up till the Cops get done with their master plan (usually jacking someone head with a night stick)probably someone has told them to turn up the heat on this cruise thing. Come back in a couple of months, when the Futile2Fagous2 has shot it wand.
first of all it is not a joke and i am not talking about telling the police to go f#@k themselves. when they say leave i left. i know you can beat the rap but you cant beat the ride. and you are more than right about the aclu, but doesnt anybody give a sh#t anymore our rights eroding every day. i know its a utopian veiw but your advice is to give up what i like to do?? i think not i have done nothing wrong. I might be a naive person who thinks something can be done, that is why i posed the question..what are my legal recourses if any? I do agree that in a few month when 2f2f fever dies down it will probably return to normal. but what if i told you you cant do something you enjoyed and was legal for several months? and i have the power to do so even if it means i am violating your rights and breaking the law in doing so?
Maybe because it is private property, or someone on the other side gave a different story. OK say they go arrest the perps then a bunch of people get out of hand then what.
It also depends on what the captain tells them to do. The police don't like to make the news because some liberal say they did the wrong thing. so this is what people get.
I can tell you if it was Maricopa county sheriffs office they would have gone to jail, but then again sheriff jo arpio stands behind his deputies. THEY KICK ASS
Yes, you have a constitutional right to peaceably assemble. Yes, you can do so where you are given the right to do so (i.e., on the property where you were authorized). But in reality, cops often do this sort of harassment, and then make vague threats about making an arrest if you don't bow down to their abused authority. The best thing you can do is to get permission in writing from the property owners, then when the cops try to run you off, show it to them and tell them to STFU! (prolly want to skip that last part - LOL!)
If you have the owner of the property with you when the police show up, you won't have a problem. Otherwise you don't really have any legs to stand on.
Where do you live? If it is in the DFW area I can probably help. As for the rest of your questions, I can't answer them without knowing what basis the police are providing to you as the reason they are making you leave. You need to ask very politely and respectfully and get back to me. If you are violating any city ordinances or codes it doesnt matter if the owners give you permission. My guess is the cops are just trying to be careful given the release of the new movie and are trying to prevent any injuries. Its difficult to fight the police but it can be done. I would advise an alternate route. Appeal to their common sense and love of sports cars..make them part of your group and you wont have any problems. There is a good chance that this is nothing more than preventative maintenance and while they may not have a good reason to run everyone off, their reason will be at least good enough to beat any civil suits alleging false arrests or charges. buddy up with them and find out whats going on.
let me know if you have any other questions. if you want you can PM and you can call me to talk.
in retrospect and allowing a few days to pass i realize that all i really wanted was someone to say that the police where probably wrong. I would love to buddy up to the police. I just dont know how plus we have never really had to they always left us alone in the past. They limited their activities to catching street racers(commiting offences) and those of us just hanging out never had anything to worry about. This week however i was sitting on a bench next to my viper eating doritos with my wife (hell i was in a suit, went out with the wife to nice dinner first)and the police pulled up and said "get back in your car and leave now their is to be no more hanging out on this street" so i did exactly what he said immediatly. my wife was gathering her things when the cop reiterated himself to her and threatend her with arest "if she did not get off her ass and get in the car now" all this on a place we had permision to be. i only wish i had my video camera to have cought that. so how do you buddy up to that?
again lawboy thankyou it was not in dallas but san antonio.
u cant buddy up to a cop who is being an asshole. but the next time you are out there and find the only cop who isnt yelling and screaming at everyone and start up a conversation about the spurs....then talk up the Viper...pop the hood for him...let him sit in it...start it up for him...yada yada yada.... most cops love sports cars and are really into them. if you can get one on your side...your problems will go away.
