Re: alfa-digest V7 #77

[Regan Dale Copple <copple@xxxxxxxxxxxxxxxxxxxxxx>]

Alfisti,

On Thursday Sept 3 1998, Bill Bergman wrote:

> Date: Thu, 03 Sep 1998 18:08:45 -0700
> From: Bill Bergman <bill.bergman@domain.elided>
> Subject: aircraft speeding tickets
> 
> Chris said: "However, if officer "A" makes the observation and officer
> "B" writes the citation, officer "B" can only provide "hear say"
> testimony, which is illegal."
> 
> Just my opinion, but I would guess that the CHP airplane would simply
> radio the color of the Alfa, along with a general location, and the CHP
> car on the ground would track the offending Alfa, guage the speed and
> pull it over. No hearsay involved. Not that any Alfa owner would ever
> speed!
> 
> I must have missed something on this one, but I will keep my top down.

	Bill, I'm not sure but the legal definition of what that is is
called a hand-off and usually they are illegal too.  There is a big
scandal going on with the DA's office down in LA with the police using
wiretaps to find information on drug dealers and other offenses, passing
that information onto the pertinent department within the police, and
allowing the police to gather their own incrimination evidence to obtain
an arrest.  Nonetheless, even if the arresting officer was unaware of the
illegality of the information passed to him, the courts have recently
ruled that the bust may be invalid, the legal argument being fruit of the
poisoned tree.  Now as to the legality of a hand-off from the CHP pilot to
the ground unit I am unsure.  Any lawyerly types out there familiar with
the California Vehicle Code who could answer this one?  How does the
hearsay argument apply to a hand-off?

Secondly,

On Thursday Sept 3 1998, Alan Lambert wrote:

> Your assumption ain't right. The plane measures the speed and radios it 
> to the parked cars--they pull out bewhind, ask the air if the car they 
> are tailing is the miscreant, then turn on their lights and stop him---At 
> least that's what the CHP officer who ticketed me told me!

I've never been nailed by an airborne unit in California but I've heard
friends tell me that's what they were told also.  In which case is it
hearsay or not, and if it is then why have they (the CHP) been getting
away with it all these years?  My girlfriend is an attorney but her
specialty is corporate litigation, entertainment law, and such, I'm not
sure if she's familiar with this.  If anyone knows, I would be most
interested in knowing the answer.  Ciao!

						Regards,
						Regan Copple
						79 Spider
						73 Montreal

"Black cars look better in the shade." - Gino Vanelli

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End of alfa-digest V7 #81
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