Issue of the law...
#71
Joined: Sep 2003
Posts: 1,491
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From:
I understand the point that dep214 is making. Which I think....is this. If a law enforcement officer is observed enforcing the law in what is perceived to be an unequitable manner....it will call into question their veracity. And in some jurisdictions....this is more strigently applied than in other jurisdictions.
I have several friends on the local police department. It is the Police Chief's policy for this Township PD to not accept any kind of "gratuity". Now on the surface to some this seems a great idea! And to others....it might appear excessive, (and in case you are wondering why I say "it may appear excessive"), because they are not even allowed to accept a "cup of coffee" on a cold night....or a "cold soft drink"....on a hot day. In other words......nothing!
An example. The little town I live in has an annual carnival...used to raise money for the local volunteer fire department. It lasts for four days. During that period of time the local PD uses my Dad's front parking lot (four cars width) as a traffic control point. It fronts the only intersection allowing access to the carnival site (ball fields). My Dad (as well as the rest of our family) benefit....because it places LE presence right on the property....insuring a "lack of problems"....when some of the participants drink too much. The officers work this control point and alternate with other officers actually at the carnival site. They start their shifts when it's hot in the early afternoon.....and do not end them until well after midnight.....when it's cold. We have offered these officers drinks (not knowing the PD's policy) either coffee, soft drinks, and or water...and have them tell us no. And explain it's their department's policy to disallow it.
And I am a "close friend" with one of the officers. I understand the reasoning behind the thinking. By disallowing acceptance of any gratuities....it prevents either an unscrupulous person(s) from "expecting a favor in return" someday. And just as importantly....."it prevents the perception" publicly that favors are being curried. And perceptions can be as important as reality.....whether it is real or not! Having been a noncommissioned officer most of my twenty some years in the U.S. Army.....I very clearly understand the logic of such thought.....and behavior!
I do also understand the discretionary nature of authority as well. I have both experienced it as a recipient....(ie. warning for a tail light being out...that I could have been cited for).....and the practitioner. As a noncommissioned officer I exercised discretion in handling problems....based on my knowledge of a person's past behavior and performance....or lack thereof. So I do know that there is lattitude for discretion. But it is a "fine line" that any officer walks...and some jurisdictions allow "more or less discretion" by individual officers...as prescribed in their operating procedures.
In many cases for law enforcement personnel.....you're "da*ned if you do....and da*ned if you don't"!
P.S. I won't tell you the name of the Township....or the officer that told me....but this township the police will not stop a motor vehicle unless it is exceeding the speed limit by 15mph....(except School zones, Hospitals, etc.). Because their chief doesn't want his small force perpetually tied up in the magistrates office. (Plus it kind of gives you a "built in" benefit of doubt!) Agree with it or not.....that's the way it is. And I told my friend.....if he ever caught me violating the law.....I wouldn't respect him if he didn't treat me like everybody else! So he knows that is how I believe......up front!
I have several friends on the local police department. It is the Police Chief's policy for this Township PD to not accept any kind of "gratuity". Now on the surface to some this seems a great idea! And to others....it might appear excessive, (and in case you are wondering why I say "it may appear excessive"), because they are not even allowed to accept a "cup of coffee" on a cold night....or a "cold soft drink"....on a hot day. In other words......nothing!
An example. The little town I live in has an annual carnival...used to raise money for the local volunteer fire department. It lasts for four days. During that period of time the local PD uses my Dad's front parking lot (four cars width) as a traffic control point. It fronts the only intersection allowing access to the carnival site (ball fields). My Dad (as well as the rest of our family) benefit....because it places LE presence right on the property....insuring a "lack of problems"....when some of the participants drink too much. The officers work this control point and alternate with other officers actually at the carnival site. They start their shifts when it's hot in the early afternoon.....and do not end them until well after midnight.....when it's cold. We have offered these officers drinks (not knowing the PD's policy) either coffee, soft drinks, and or water...and have them tell us no. And explain it's their department's policy to disallow it.
And I am a "close friend" with one of the officers. I understand the reasoning behind the thinking. By disallowing acceptance of any gratuities....it prevents either an unscrupulous person(s) from "expecting a favor in return" someday. And just as importantly....."it prevents the perception" publicly that favors are being curried. And perceptions can be as important as reality.....whether it is real or not! Having been a noncommissioned officer most of my twenty some years in the U.S. Army.....I very clearly understand the logic of such thought.....and behavior!
I do also understand the discretionary nature of authority as well. I have both experienced it as a recipient....(ie. warning for a tail light being out...that I could have been cited for).....and the practitioner. As a noncommissioned officer I exercised discretion in handling problems....based on my knowledge of a person's past behavior and performance....or lack thereof. So I do know that there is lattitude for discretion. But it is a "fine line" that any officer walks...and some jurisdictions allow "more or less discretion" by individual officers...as prescribed in their operating procedures.
In many cases for law enforcement personnel.....you're "da*ned if you do....and da*ned if you don't"!
P.S. I won't tell you the name of the Township....or the officer that told me....but this township the police will not stop a motor vehicle unless it is exceeding the speed limit by 15mph....(except School zones, Hospitals, etc.). Because their chief doesn't want his small force perpetually tied up in the magistrates office. (Plus it kind of gives you a "built in" benefit of doubt!) Agree with it or not.....that's the way it is. And I told my friend.....if he ever caught me violating the law.....I wouldn't respect him if he didn't treat me like everybody else! So he knows that is how I believe......up front!
#72
Why is it listed as a hunting regulation then In NY?
Discharge of Firearms and Bows
It is illegal to discharge a firearm or bow:
so that the load or arrow passes over any part of a public highway,
within 500 feet of any school, playground, or an occupied factory or church,
within 500 feet of a dwelling, farm building or structure in occupation or use unless you own it, lease it, are an immediate member of the family, an employee, or have the owner's consent.
You may hunt waterfowl over water within 500 feet of a dwelling, public structure, livestock, or person as long as none of these are in the line of fire and within 500 feet of you.
So if your shooting out of your car at a game animal they could arrest you for that too.The bullet would be passing over part of a public highway.
What's this blabber supposed to mean?
Discharge of Firearms and Bows
It is illegal to discharge a firearm or bow:
so that the load or arrow passes over any part of a public highway,
within 500 feet of any school, playground, or an occupied factory or church,
within 500 feet of a dwelling, farm building or structure in occupation or use unless you own it, lease it, are an immediate member of the family, an employee, or have the owner's consent.
You may hunt waterfowl over water within 500 feet of a dwelling, public structure, livestock, or person as long as none of these are in the line of fire and within 500 feet of you.
So if your shooting out of your car at a game animal they could arrest you for that too.The bullet would be passing over part of a public highway.
What's this blabber supposed to mean?
you are just blabbering and reading what i said
#73
Joined: Feb 2003
Posts: 810
Likes: 0
From: arlington texas USA
the law talks about discharging of a firarm or shooting a weapon near a residence. it does not say one thing about game laws.police officers can only detain with a suspicion of games laws broken until a gamer officer arrives.it is extremely obvious you have little or no knowledge of laws and how they are applied.as for the ridiculous example of shooting out of a car.it is illegal to hunt like that anywhere.all a regular officer can do is prosecute for firarm violation. the game officer will use that officer as a witness in prosecuting the game law violations.you sound very young because you have little perception of what is being said.
#74
Thread Starter
Joined: Dec 2003
Posts: 2,753
Likes: 0
From: Mormonville, Utah!
the law talks about discharging of a firarm or shooting a weapon near a residence. it does not say one thing about game laws.
#78
Joined: Mar 2003
Posts: 208
Likes: 0
From: Cumming georgia
dep214 you said there is a big differance between hunting and a nuisance kill, so you think it is O.K. to shoot squirrels because they are bothering someones bird feeder but not so someone can feed his family,what kind of logic is that
#79
Joined: Feb 2003
Posts: 810
Likes: 0
From: arlington texas USA
i swear you all watch too much tv and no nothing about the law. a nuisance kill is yes entirely different. you have to have permission from the game officers.they will either allow you to kill the animal or trap it if possible. if trapping is possible they even help you do the trapping.i never said anything about a bird feeder.that was someone else.that is not considered as a nuisance.let me give you an example.some goes to the country just to shoot their guns.a local farmer has built a dam on his lake but the beavers and otters are burrowing holes thru it which is extremly damaging.if trapping and moving the animals is not possible then they can be killed.all they have to do is let the game officers know what is going on.the same would be with coyotes,wolves,lions,or any other animals that causes distruction of that property.
#80
Joined: Mar 2003
Posts: 208
Likes: 0
From: Cumming georgia
Actually I watch very little T.V. You responded to someone who said he shot squirrels for his grandfather because they were bothering his bird feeder comparing that to the boy killing small game and you said there was a differance between hunting and nuisance killing implying that what he was doing was a nuisance killing


