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  1. CdwJava

    What can I do and do I have a case?

    They can be out here, absolutely. Whether they were or not is something we do not know. In the school district where I once worked, substitutes paid dues to the union and were covered by MOU. This is the case in the district where my wife works now. However, rather than terminating the...
  2. CdwJava

    What can I do and do I have a case?

    Actually, I have sen this scenario pan out. When Unemployment is told one thing (lack of work) and the employer is told that that the termination was performance based, I have seen the employee prevail every time. However, those cases all involved attorneys. Troopergirl, check with the union...
  3. CdwJava

    Shoplifting, Larceny, Robbery, Theft Retail theft ordinance Help please!!

    Well, 29-28 has nothing to do with theft: Sec. 29-28. - Noise restrictions in residential areas. (a) For purposes of this section, the following definitions shall apply: (1) Residential district means any area within the city limits in which properties are zoned R-1, R-2, R-3, R-4, R-4A, R-5...
  4. CdwJava

    Shoplifting, Larceny, Robbery, Theft Retail theft ordinance Help please!!

    This is why I also asked what city you were in. We might be able to look it up when we get that info.
  5. CdwJava

    Shoplifting, Larceny, Robbery, Theft Retail theft ordinance Help please!!

    That does not conform to any Illinois statute so this is likely a municipal ordinance. What city is this in? And what was the source of this "29,28"? In other words, where did you get those numbers?
  6. CdwJava

    False imprisonment

    Bringing the issue up with federal agencies only may cause you some problems as they may lack jurisdiction to act. Much of the time the feds will only act when the state or local authorities either fail to act and should have, or lack the jurisdiction. Not to mention that the federal...
  7. CdwJava

    False imprisonment

    Then, as has been suggested, you will need to try and address the issue in a civil court. There is no Penal Code section that readily applies to your situation and you are not going to convince the police to act on this.
  8. CdwJava

    False imprisonment

    PC 236 will not apply. You are not being restricted due to any UNLAWFUL restraint on the part of the owner of the property upon which the easement exists. This is a civil matter that you may have to consult an attorney about. There may also be some disability advocates in your area that can...
  9. CdwJava

    False imprisonment

    Have you spoken to the neighbor about this? Has he told you why he has the speed bump in place? Ave you asked him about putting a gap in the bump - perhaps the middle - wide enough for you to negotiate your chair through? Perhaps if you offered to cover the costs of the modification? Your...
  10. CdwJava

    Assault & Battery Assaulted at Work After Being Terminated: What Are My Best Legal Options

    Since you have already made your report to the police, that matter is now out of your hands. You can call to ask what is happening, but that is about the extent of your involvement at this point. You might consider consulting an attorney to help determine your rights with regards to seeking...
  11. CdwJava

    Drug Crimes, Substance Abuse arrest for 3 adderal pills

    Of course, there may be much more to the story .... Ten officers to search one guy on house arrest, and searching areas that would not normally be subject to search? If the numbers and circumstances are true than either these guys are the Keystone cops with the collective IQ of a walnut, or...
  12. CdwJava

    Public Order, Loitering, Urination PC 370 public nuisance california

    Unless the officer talked with the complainant ahead of time, or the complainant expressed it to the dispatcher, etc. In my jurisdiction, this is a common occurrence and we often have to make such arrests - or ask the dispatcher to contact the party by phone to make the request. Again, we...
  13. CdwJava

    Public Order, Loitering, Urination PC 370 public nuisance california

    Not quite. He can also indicate to the officer who the person is and express a desire to have the person arrested. From CPOLS: Similarly, if the private person does not want to detain or even speak to or directly confront the suspect in any way, he can summon an officer, describe what he saw...
  14. CdwJava

    Public Order, Loitering, Urination PC 370 public nuisance california

    The reasonable person standard would likely apply. Who would NOT be offended by the deposit of offal where it was. I agree that the wrong section may have been cited, as there are several others that are more applicable. However, if he is interested, you KNOW the DA will file the appropriate...
  15. CdwJava

    Public Order, Loitering, Urination PC 370 public nuisance california

    Well, it IS "offensive to the senses" as required by the definition.
  16. CdwJava

    Public Order, Loitering, Urination PC 370 public nuisance california

    Then he needs to appear in court at the date and time indicated on the citation. If he fails to apepar, a warrant could be issued for his arrest. here is the code section: 370. Section Three Hundred and Seventy. Anything which is injurious to health, or is indecent, or offensive to the...
  17. CdwJava

    Hypothetical- Refuse to speak to police

    Exactly what I had concluded. Past experience can be a useful tool with regards to some issues, but not all. If the past experience involved officer safety some greater lega leeway might be granted. But, in this hypo, I don't see how it could be used to justify compelling anything more...
  18. CdwJava

    Hypothetical- Refuse to speak to police

    In 20 years, I have never had anyone stand so mute. Thus, it seems a largely irrelevant hypothetical and subject to local (state) laws and legal interpretation. From CPOLS: Under section 40302, subdivision (a), a cited (arrested) traffic violator must produce his driver's license "or...
  19. CdwJava

    Hypothetical- Refuse to speak to police

    From CPOLS: It was not a violation of Penal Code section 148 for an arrestee to fail to give his name in response to questions asked while being driven to the station "because it did not delay or obstruct a peace officer in the discharge of any duty within the meaning of the statute." The...
  20. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication Fake ID taken at supermarket

    Yeah ... but it's like a vehicle collision that unfolds right in front of you - it's tragic, but you can't look away! I guess I have enough mortar and brick on my forehead from this thread.
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