The Law Man eating lunch near children = Pedo?

[Empire_Persian]

As far as I know, having a regular lunch spot isn't suspicious.

The issue here is 2 dimensional. Whilst most of you are shedding tears for Morells grievous violation of anonymity, I look at the police officers point of view...

They are not infallable. They do not carry perfect hindsight/foresight.

How the dickens do they know, that Morells is a innocent man, just eating his lunch ?

It is part of their job to be suspicious and cautious. To be completely unassuming and oblivious would be putting the community at risk.

 

[morell]

You should have stopped there.

and you are?

Quite being a snide little **** and come up with it.

Find me a link that say you are technically in control of a car up to even after you have exited it and I will accept the point that they legally had the right to ask for ID.

 

[skipper kelly]

The Motor Vehicles Act 1959 requires a driver to produce a licence immediately if asked by the police. If not carrying the licence it must be taken to a police station within 48 hours. The penalty for failing to comply is a maximum fine of $1250 [s 96].

Why is this so hard to understand?

All you need to do is look up the definition of "a driver", which is 'a person found driving or in control of a motor vehicle'.

Being asked to get out of the car does not mean you werent found driving or in control of a motor vehicle.

As previously stated and ignored, most people dont know the law, and many coppers dont know it either. Obviously these coppers either didnt know it or couldnt be bothered. Most likely a bit of both.

People please listen. When you are found driving or in control of a motor vehicle you are required to produce your licence when asked. If you dont have it on you then you must produce it within a certain time frame. If you do have it on you but are refusing then you can be risking arrest.

The OP is emotive hogwash full of embellishments like 'I thought they were going to smash my headlights' ra ra ra.

One would hope that the 'senior officer' would know the MVA and the 'councelling' to the plebs would include a crash course in it. The rest is appeasement of a whinger.

 

[skipper kelly]

Quite being a snide little **** and come up with it.

Playing the victim again.

 

[Clay Davis]

Anonymity is not sacred. Much of the Worlds problems in my opinion, is rooted in the 'secretive bank system' which enables criminals of every kind to comfortably store/access their dirty money.

It should be. Whose business is it of anyone else's where I put my money?

 

[Nasma]

How the dickens do they know, that Morells is a innocent man, just eating his lunch ?

It is part of their job to be suspicious and cautious. To be completely unassuming and oblivious would be putting the community at risk.

What you have said is true for any member of society. How do they know that anyone, anywhere isn't really a drug kingpin? At the very least someone should be acting suspiciously, and eating lunch in a regular spot is not suspicious behaviour.

 

[dr nick]

that car is there most every day

 

[Niximus]

Why is this so hard to understand?

All you need to do is look up the definition of "a driver", which is 'a person found driving or in control of a motor vehicle'.

Being asked to get out of the car does not mean you werent found driving or in control of a motor vehicle.

As previously stated and ignored, most people dont know the law, and many coppers dont know it either. Obviously these coppers either didnt know it or couldnt be bothered. Most likely a bit of both.

People please listen. When you are found driving or in control of a motor vehicle you are required to produce your licence when asked. If you dont have it on you then you must produce it within a certain time frame. If you do have it on you but are refusing then you can be risking arrest.

The OP is emotive hogwash full of embellishments like 'I thought they were going to smash my headlights' ra ra ra.

One would hope that the 'senior officer' would know the MVA and the 'councelling' to the plebs would include a crash course in it. The rest is appeasement of a whinger.

They didn't ask him for his licence....they asked him for his ID

Why? Because they knew he wasn't in control of the vehicle. If he had been they would have threatened to arrest him for refusing to present his licence they wouldn't have had to defect his car in order to get his ID.

How is it so hard to understand the difference between Identification and a Licence.

 

[skipper kelly]

Because they knew he wasn't in control of the vehicle.

Learn the law.

 

[Empire_Persian]

It should be. Whose business is it of anyone else's where I put my money?

By 'secretive bank system' I meant those of the Swiss ilk.

Banks which cannot be penetrated by the authorities.

This makes prosecution of international criminals, who peddle drugs, weapons, child slaves very difficult.

Here in Australia, the Big 4 Banks are not considered as 'secretive banking institutions'. Yet the authorities are not permitted to access your account - only under legal circumstances.

 

[Empire_Persian]

What you have said is true for any member of society. How do they know that anyone, anywhere isn't really a drug kingpin? At the very least someone should be acting suspiciously, and eating lunch in a regular spot is not suspicious behaviour.

Have you been reading the thread ?

It may be his regular spot, but this regular spot is in front of a school.

Given the circumstances, (and once again no offence to Morell), a mature aged gentleman, eating lunch in front of school, watching the little kiddies play will arouse suspicion. We live in a sick society, where the unthinkable does occur. The police officer was performing his duty.

 

[Niximus]

Learn the law.

Right back at ya

 

[skipper kelly]

They didn't ask him for his licence....they asked him for his ID

My mistake. I thought they must have been asking for his licence rather than his video ezy card.

Sorry for ever doubting you.

 

[skipper kelly]

Right back at ya

Of course you are right. I hope you accept my apologies.

 

[Niximus]

My mistake. I thought they must have been asking for his licence rather than his video ezy card.

Sorry for ever doubting you.

You do realise that there are non-licence forms of official identification right?

You don't need to have a licence to carry ID, he could have complied with their request and presented a proof of age card for example.

 

[skipper kelly]

You do realise that there are non-licence forms of official identification right?

You don't need to have a licence to carry ID, he could have complied with their request and presented a proof of age card for example.

As I said, you are right. How more humble can a person be?

The choice is ezy.

 

[Illinois Nazi]

I'll have to remember that one next time I'm stopped for speeding. Pull over really quickly and get out of the car before the cops can approach. Then when the cops ask for my licence I can say "No, I'm not driving the car any more".

 

[skipper kelly]

I'll have to remember that one next time I'm stopped for speeding. Pull over really quickly and get out of the car before the cops can approach. Then when the cops ask for my licence I can say "No, I'm not driving the car any more".

Then hand over your Video Ezy card and off you go.

 

[morell]

I'll have to remember that one next time I'm stopped for speeding. Pull over really quickly and get out of the car before the cops can approach. Then when the cops ask for my licence I can say "No, I'm not driving the car any more".

Funny but unrelated;

My brother was driving home drunk one night from the local. The cops pulled him over and as they were approaching the car he decided to sneakily jump over to the passenger seat.

When they came up to the window he slurred that he wasn't driving the vehicle and the driver must have run away.

This story gets a regular run around Christmas time. I suspect so will my pedo accusation from now on.

 

[bit_pattern]

Funny but unrelated;

My brother was driving home drunk one night from the local. The cops pulled him over and as they were approaching the car he decided to sneakily jump over to the passenger seat.

When they came up to the window he slurred that he wasn't driving the vehicle and the driver must have run away.

This story gets a regular run around Christmas time. I suspect so will my pedo accusation from now on.

Did he get dicked? Because I'm under the impression that if you are in a car, with the keys, you are effectively in control of the car. People have been charged with drink driving while sleeping in their back seat.

 

[Niximus]

I'll have to remember that one next time I'm stopped for speeding. Pull over really quickly and get out of the car before the cops can approach. Then when the cops ask for my licence I can say "No, I'm not driving the car any more".

They would then have reasonable cause to suspect that you were the one driving the vehicle.

If we're taking things to rediculous extremes to try and prove a point.

Scenario:
A couple are driving along and the car breaks down. The driver gets out and walks to get help leaving his unlicenced girlfriend in the broken down car with the hazard lights on. Police pull up to assist the broken down car and charge the girlfriend with driving without a licence.

Under Skip's interpretation of the law, she would have committed the crime.

 

[Niximus]

Did he get dicked? Because I'm under the impression that if you are in a car, with the keys, you are effectively in control of the car. People have been charged with drink driving while sleeping in their back seat.

You can be charged for almost anything, whether it meets the elements in a court is another matter.

 

[bit_pattern]

You can be charged for almost anything, whether it meets the elements in a court is another matter.

Seems it differs from state-to-state

VIC

It is not an offence to be asleep at the wheel of your car while you are over the legal limit , even if the engine is running. However, it is an offence to start the motor of a motor vehicle while you are over the legal limit. If you are awoken by the police when sleeping in your vehicle, you do not have to submit to a breath test (unless you are then attempting to start or drive the vehicle, or you have been a driver when involved in an accident in the preceding 3 hours), and you are not obliged to accompany the police to any place. The police will usually ask what time you were last driving the car, as this information is requried to prosecute a drink driving offence. The police can not prosecute a drink driving offence unless they know when the driver last drove the car.

QLD

Driving, attempting to drive, or being in charge of a motor vehicle:
To be guilty of drink driving you must be driving, attempting to drive, or “in charge” of a vehicle. Being “in charge” of a vehicle is a wide legal concept, and catches situations where the offender is not actually driving, or even about to, but simply in a position where he/she can physically exercise control over the vehicle. Examples include sitting in the vehicle while it is idling, or even sitting in a stationary vehicle which is not running with the keys in your possession. People have even been found guilty of “drink driving” in the past whilst actually asleep behind the wheel of a parked car, because they are still said to be “in charge” of the vehicle whilst in that position.

Pretty sure the example I was thinking off happened either in QLD or the NT

 

[Niximus]

Seems it differs from state-to-state

VIC



QLD



Pretty sure the example I was thinking off happened either in QLD or the NT

Yes it does differ from state to state.

That said, different powers come from different sections of the legislation. For example, a section giving police power to breath test you even though you aren't driving a car (they can make you submit to a breath test when they knock on your door in SA if they have reasonable cause ) doesn't translate to a power to just request a licence as that is not the power they have been granted

That is why all the examples of people getting in trouble while not actually driving are alcohol related.

 

[bit_pattern]

Makes sense to me