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Ticket for Loitering/Hanging Out?! (pg. 3)
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| Orbax |
loitering is usually shortened from "drug traffic loitering"
you CAN be ticketed for bumming around but its more derived from
SMC 12A.20.050 Drug-traffic loitering.1
A. As used in this section:
1. "Conviction" means an adjudication of guilt pursuant to Titles 10 or
13 RCW, or the equivalent provisions of any federal statute, state statute
or ordinance of any political subdivision of this state, and includes a
verdict of guilty, a finding of guilty and an acceptance of a plea of
guilty.
2. "Drug paraphernalia" means drug paraphernalia as the term is
defined in the Uniform Controlled Substance Act, RCW 69.50.102, excluding,
however, items obtained from or exchanged at any needle exchange program
sponsored by the Seattle-King County Health Department, and hypodermic
syringes or needles in the possession of a confirmed diabetic or a person
directed by his or her physician to use such items.
3. "Illegal drug activity" means unlawful conduct contrary to any
provision of RCW Chapter 69.41, 69.50 or 69.52, or the equivalent federal
statute, state statute, or ordinance of any political subdivision of this
state.
4. "Known drug trafficker" means a person who has, within the knowledge
of the arresting officer, been convicted within the last two years in any
court of any felony illegal drug activity.
5. "Public place" is an area generally visible to public view and
includes, but is not limited to, streets, sidewalks, bridges, alleys,
plazas, parks, driveways, parking lots, transit stations, shelters and
tunnels, automobiles visible to public view (whether moving or not), and
buildings, including those which serve food or drink, or provide
entertainment, and the doorways and entrances to buildings or dwellings and
the grounds enclosing them.
B. A person is guilty of drug-traffic loitering if he or she remains in
a public place and intentionally solicits, induces, entices, or procures
another to engage in unlawful conduct contrary to Chapter 69.50, Chapter
69.41, or Chapter 69.52, Revised Code of Washington.
C. The following circumstances do not by themselves constitute the crime
of drug-traffic loitering. Among the circumstances which may be considered
in determining whether the actor intends such prohibited conduct are that
he or she:
1. Is seen by the officer to be in possession of drug paraphernalia; or
2. Is a known drug trafficker (provided, however, that being a known
drug trafficker, by itself, does not constitute the crime of drug-traffic
loitering); or
3. Repeatedly beckons to, stops or attempts to stop passersby, or
engages passersby in conversation; or
4. Repeatedly stops or attempts to stop motor vehicle operators by
hailing, waving of arms or any other bodily gesture; or
5. Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to stop pedestrians; or
6. Is the subject of any court order, which directs the person to
stay out of any specified area as a condition of release from custody, a
condition of probation or parole or other supervision or any court order,
in a criminal or civil case involving illegal drug activity; or
7. Has been evicted as the result of his or her illegal drug activity
and ordered to stay out of a specified area affected by drug-related
activity.
D. No person may be arrested for drug-traffic loitering unless probable
cause exists to believe that he or she has remained in a public place and
has intentionally solicited, induced, enticed or procured another to engage
in unlawful conduct contrary to Chapter 69.50, Chapter 69.41, or Chapter
69.52 Revised Code of Washington.
E. A person convicted of drug-traffic loitering shall be guilty of a
gross misdemeanor and punished in accordance with SMC Chapter 12A.02.
F. During each of the two (2) years following enactment of the ordinance
codified in this section,2 the Mayor of Seattle and the Chief of Police,
jointly, shall conduct at least one (1) public hearing a year to ascertain
the effectiveness of said ordinance in reducing drug trafficking and its
attendant criminal behavior and to assure that this section is being
enforced without regard to race, color, ancestry, national origin, sex,
sexual orientation or disability. Within one (1) month after each hearing
the Mayor and the Chief of Police shall issue a report to the City Council
summarizing the testimony at the hearing. In their report, the Mayor and
Chief of Police shall also inform the Council of any changes they deem
advisable.(Ord. 116307 Sections 1, 2, 1992)
:D |
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| Falcon-X |
Well arent there always like 10-20 people outside a tim hortons just standing around? same thing for McDonals... what is wrong with those cops.
Oh and btw they had no right to search you under canadian law. Maybe under american laws, but not here. |
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| Orbax |
| it wasnt reasonable under american law either. It a pretty basic violation...youd be surprised how many rights citizens have and dont even know >.< |
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| Aquarian |
| quote: | Originally posted by plaxx
We went back to Tim Hortons and got a letter from them saying we purchaced 2 bagels. I also looked on the Canadian Gov. Website and found this: |
Those are your best weapon in court. Don't bother bringing up the "we didn't know" argument, because they always disregard that. You probably shouldn't have any trouble getting rid of this ticket. |
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| Psiweaver |
| civil rights whats that? :crazy: too bad soo many are violated by the patriot act. |
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| Orbax |
yeah, but PATRIOT ACT is more of a tool for people they are already prettu damn sure are perps...
not saying many innocent people havent been annoyed by it or that its constitutional ...
but for the most part they are just using it as a way of finding guilty people and then not having them get off on some BS lawyer saying they failed to do X at N time so the terrorist guy can run off.
its gonna be talked about for a lonnnng time after this all ends hehe...definitely a switch in national policy, but with how annoying it is to try to do anything these days...
its interesting...just interesting hehe. |
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| Falcon-X |
| What the are you still doing up? |
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| Dervish |
| quote: | | Dr. Gonzo: As your attorney, I advise you to take a hit out of the little brown flask in my shaving kit. |
Thats execlent legal advice :toothless |
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| Azz3D |
| quote: | Originally posted by Inertia
don't they need a warrant to search you or something? |
NOPE... PROBABLE CAUSE
AND THANKS TO THE BEAUTIFUL PATRIOT ACT this is becoming easier and easier
they can walk into your house and take whatever they please without a reason
yup, america
land of the free |
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| Orbax |
| holy people stop talking about the PATRIOT ACT if you havent read it, die. because it has nothing to do with you and they cant ing use it. Jesus. |
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| Zenchowdah |
| quote: | Originally posted by Orbax
holy people stop talking about the PATRIOT ACT if you havent read it, die. because it has nothing to do with you and they cant ing use it. Jesus. |
plus one.
go read it : http://www.epic.org/privacy/terrorism/hr3162.html |
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