But I bet he paid the phone bill
Photo by Flickr user Thomas Hawk
How not to resist arrest, from the SFPD Ingleside Station chief’s daily report:
6:05 pm Mission @ 30th Public Transit Crimes
Officers Padilla and Barajas were riding the bus in uniform. The officers
were conducting a “Proof of payment inspection”. The officers came upon a
subject that did not have proof of payment. The subject was asked to exit
the bus and complied. Once outside the officers began to issue a citation.
The subject ignored the officers and got on his phone. The officers asked
the subject for the information they needed, but he continued to ignore
them and remained on the phone. The officers took the phone and cuffed the
subject. The subject was very cooperative from this point on and was cited
at the scene. Report number 091119737
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I don’t suppose that he was on his cell phone calling his attorney. I really wish someone would have the balls to sue the SFPD and the city of SF for violating their 4th amendment rights (adults have the protection from being searched w/o probable cause).
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Sus Reply:
November 4th, 2009 at 5:30 pm
If you mean being asked to provide POP, you are incorrect…
“Failure to produce Proof of Payment when asked by a Muni Fare Inspector will result in a large fine.”
From here: http://www.sfmta.com/cms/mfares/pop.htm
Basically, being on Muni gives inspectors and police the right to ask you for POP. It doesn’t mean they can search your entire bag or anything like that, just for POP. Granted, if it were just an inspector, this self-entitled dumbass wouldn’t have been handcuffed and probably not even cited as he could’ve just lied about his name, but luckily it was the police, who do have every right to ask for valid ID.
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drew bader Reply:
November 4th, 2009 at 5:48 pm
Just so I’m clear on what you’re saying, You’re saying that the 4th amendment
is suspended public transportation? I fully agree that the fair inspectors or police
could ASK me for my POP, but if I told them they didn’t have the right to see it
wouldn’t I be within my rights? You wouldn’t tolerate this in another part of your life would you? What about being randomly stopped on the street for an I.D. check? Isn’t that the same principle? What about pulling over random people on the freeway to check for car insurance? Aren’t these all essentially the same in that they all give the “inspector” or police officer the free hand to assume you’re breaking the law and ask you to prove your innocence? I was always told you were presumed innocent in America.
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Could some of these officers do a sting of my employer, who violates the Commuter Benefits Ordinance in SF by not allowing me to purchase my Fast Pass with pretax dollars? Certainly the SF Dept of the Environment doesn’t seem to care about enforcement.
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They can’t search you without probable cause, but if you are on a train and don’t show them your transfer/pass when asked then they can definitely write you a ticket without violating anyone’s rights.
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How wonderful. Our men in blue protecting us against those evil fare evaders. There must have been no murders that night in the City.
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The police can only work on exactly one type of crime at a time.
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