Re: Speeding tickets from aircraft

[Alan Lambert <gerard@xxxxxxx>]

Here I go ZOOOOOoooooooom.


On Wed, 2 Sep 1998, Chris Prael wrote:

> Alan,
> 
> I've been doing some more talking with people and thinking about the issue of
> citations issued on sightings from aircraft.  It is quite likely that the
> speed trap argument does not apply.  
> 
> Instead, a rule of law that is built into all U.S. jurisprudence, not just
> California statute, is the operative argument.  In particular, second hand
> testimony, "hear say", cannot be used against one in a criminal matter. What
> this means is that if police officer "A" observes a citizen violating some
> statute, s/he can write a citation and can testify in court about what s/he
> saw and heard.  However, if officer "A" makes the observation and officer "B"
> writes the citation, officer "B" can only provide "hear say" testimony, which
> is illegal.  
> 
> Other states may not require that the citing officer has to be the one who
> provides the primary evidence.  But California law does so.  I have heard that
> there are places along I5 where the CHP maintains landing strips so that a 
> miscreant can be herded into the presence of a lawful citing officer.  There's
> no way to do that along I280.
> 
> Now, if you get nailed again on 280, you'll have the right argument.
> 
> My mistake.
> 
> Chris Prael
> 
> 

================================================================================
Regards,
Alan G. Lambert___________________________________<gerard@domain.elided>
           *******Los Altos, California (office)*******

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