Sea206Music
Newbie
Hello All! I Am A New Member Here & This Is My 1st Time Posting So 1st I would like to thank everyone here for helping everyone make these site go round! My question is regarding being stopped for a basic traffic violation/infraction inside Washington State By A King County Sheriff's Department Sheriff! 1st I should start out by saying that when the sheriff initiated contact with me & the first moment I heard him talking & turned & recognized him to be a sheriff I was in the middle of paying for gas at a gas station near my home at one of the pay at the pump areas that one may pay with cash! He says "Sir, excuse me sir you're being pulled over!" I gave him my full attention as I noticed he was parked at an angle behind my vehicle with his red & blues on! Then the next thing out of his mouth were questions regarding a 2011 incident (date of this event was October 3, 2014) that happened on the very street I was attempting to get gas at! I didn't go into it much other than saying that "yeah I subpoenaed two of your co-workers twice & they failed to appear on two separate occasions." He continued briefly about the past & then he told me I was speeding & asked me if i knew how fast I was going & I replied "I can't say that I was speeding sir & I am not going to argue with you out of respect." Anyways at that moment he demanded my license, insurance, & registration & then demanded me to get back inside my vehicle & I asked if i could go inside the store at the gas station while he So when he appeared at my driver's side door he hands me back my credentials & tells me I am not going to ticket you for speeding or no insurance! which got a little strange to me at the point when he started twisting & turning back & forth pushing his name tag & badge on his right breast side of his shirt towards me with one twist & then pushing his sheriff departments patch on his shoulders with one turn & he repeated these motions 4 or 5 times & as he was doing this he kept repeating to me "What's My Name?(waited for my answer) & Who Do I Work For?(waited for my answer) well eventually it was over with no tickets/infractions written or verbal or written warnings given! I shook his hand thanked him for the brake & wished him a goodnight! Well close to 7 months later the next year(2015) I open my mailbox & what do I see? Its a civil infractions notice with a speeding 23 M.P.H. over the speed limit ticket along with a no insurance ticket they totaled $787.00. So all of the research I have done regarding the detainment time duration & 4th Amendment tells me that thee almost 30 minutes I was detained was over the reasonable time allowed for detainment. IF THE DUTIES BY THE PEACE OFFICER INCLUDED STOPPING ME,
IDENTIFYING ME, RUNNING MY NAME FOR WANTS/WARRANTS, RUNNING MY VEHICLE REGISTRATION & MY DRIVERS LICENSE & THE KICKER WRITING OUT A INFRACTION NOTICE & ISSUING THEE INFRACTIONS NOTICE TO ME ON THE SPOT! However I am unable to find anything set in stone on this matter IN LAW other than a bunch of case law under Terry Stops which more or less say 20 minutes is the time allowed. In the revised codes of washington state it states this ~~~~~> 2.90.060 Person receiving notice – Identification and detention.
A person who is to receive a notice of civil infraction under TMC 2.90.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard.
A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction. (Ord. 2008-10, 2008). & then it goes onto to say ~~~~~> 7.80.060 Person receiving notice — Identification and detention.
A person who is to receive a notice of civil infraction under RCW 7.80.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver's license.
A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction.
(THIS NEXT PART IS WHAT HAS ME STUMPED!) Each agency authorized to issue civil infractions shall adopt rules on identification and detention of persons committing civil infractions. [1987 c 456 § 14.] (OF COURSE I CAN NOT FIND ANYTHING WHATSOEVER ABOUT ANY ADOPTED RULES) Sorry for being so long winded; especially on my first thread, but I feel that I need to describe this entire chain of events in order for thee information I desire to come forth! SO PLEASE IF YOU HAVE A FINGER THAT CAN POINT ME THE RIGHT WAY PLEASE LEAVE ME A COMMENT!!! Thanks So Much! -ryan
A person who is to receive a notice of civil infraction under TMC 2.90.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard.
A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction. (Ord. 2008-10, 2008). & then it goes onto to say ~~~~~> 7.80.060 Person receiving notice — Identification and detention.
A person who is to receive a notice of civil infraction under RCW 7.80.050 is required to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver's license.
A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction.
(THIS NEXT PART IS WHAT HAS ME STUMPED!) Each agency authorized to issue civil infractions shall adopt rules on identification and detention of persons committing civil infractions. [1987 c 456 § 14.] (OF COURSE I CAN NOT FIND ANYTHING WHATSOEVER ABOUT ANY ADOPTED RULES) Sorry for being so long winded; especially on my first thread, but I feel that I need to describe this entire chain of events in order for thee information I desire to come forth! SO PLEASE IF YOU HAVE A FINGER THAT CAN POINT ME THE RIGHT WAY PLEASE LEAVE ME A COMMENT!!! Thanks So Much! -ryan
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