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Proper Procedure for Pulling Over and Note Taking?
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PostPosted: Thu Nov 05, 2009 12:50 pm 
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Joined: Fri Sep 18, 2009 9:05 pm
Posts: 7
I have a few questions regarding two tickets I received over the same event. There were two officers in the vehicle, the officer in the passenger side did this:

- He yelled and pointed forward out the window telling me to move up further while I was in the process of pulling over on the highway (I realize they need to park behind the car they are pulling over, but it seems rather dangerous to distract the driver who is obediently pulling over, saw him when I checked my blind spot)

Also:

- One of the officer's spoke with me about one offense, did not mention the second while the other officer was standing on the other side of my car

- I received a ticket from one officer, and a different ticket from the one that never spoke with me until handing me both tickets (yet neither mentioned the second offense)

- I now have the notes of both officers through disclosure (although I cannot clearly read the notes, the person who takes care of disclosures is working on getting me typed copies despite my original request for them to begin with :x)

- The officer who issued me the other ticket did not write notes for the offense he wrote down and signed, only the other officer (who took notes regarding both tickets)

Where can I find proper procedure/laws a police officer is supposed to follow when pulling people over, and then taking notes? Can an officer use notes of another officer when on the stand?


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Re: Proper Procedure for Pulling Over and Note Taking?
PostPosted: Thu Nov 05, 2009 2:24 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
FireFlash wrote:
Where can I find proper procedure/laws a police officer is supposed to follow when pulling people over

- There is no procedure.
- A driver must stop the vehicle when indicate to do so by a person identifiable as a police officer.
- There are a variety of factors in stopping the person that comes into play: type of road, type of shoulder, type of area, obstacles on shoulder, weather, volume of traffic, officers experience, communications with dispatch, reason for stop etc... Every stop is different.
- then you have the driver themself, how alert are they, did the driver immediately start to come to a stop, did the driver continue aimlessly down the road and then stop in a undesirable/unsafe location and have to be told to move

Quote:
and then taking notes?

Notes have to be made as soon as practicable after the incident, in ink, in officers own hand writing, and is used to refresh only that officers memory. Pending what the offence notice is, the officer could just use the face of the offence notice as his/her notes.

Quote:
Can an officer use notes of another officer when on the stand?
No.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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