Naturally, one of the issues is that this doesn't just vary from state to state, but also from one transit system to the next. In Los Angeles, for example, the transit police are little more than glorified security guards, and don't even carry guns. In San Francisco, they pack heat. UTA's Transit Police are full fledged, legitimate "Officers of the Peace" and are required to take the same trainings, plus another 40 hours a year. They have special teams, which can include (although I'm not 100% sure it actually does) a SWAT team, and Intelligence team, an Internal Affairs branch, and a CSI team.
For UTA, at least, their jurisdiction is pretty much anything that has to do with their property, and the land immediately surrounding it. Thus they have jurisdiction over the bus, wherever it is, and if they take you off the bus, they have jurisdiction to arrest you there, too. This applies across the state, from what I can tell.
The next major hurdle in determining anything is finding information in the first place. Although the Utah Code is publicly published and available on the web, it doesn't actually contain the information that UTA is codified under. At all. As in, section 17A is completely missing. Even when you do find it elsewhere, it only tells you the laws UTA has to follow in order to be legal, it doesn't tell you Police standards or anything like that. Practically useless.
Thankfully, UTA maintains a (relatively) accurate copy of the ordinances riders must follow, which is incredibly informative.
Unfortunately, the thing my brother's fiancee got in trouble for was "Failure to Obey a Reasonable Request," when he asked her to sit down and she refused. Ultimately the question here would be whether or not the request was truly reasonable. The officer was testy and aggressive, and treated her as though she were a criminal, rather than someone who made a mistake. If the request was to add intimidation, she would then have the right to refuse, as it would be unreasonable.
Try telling that to the police though. Their definition of "reasonable" tends to be "anything that doesn't involve pulling a gun/taser."
So she got slapped with a massive fine (the same amount you would get for defecating on the cop. Or for engaging in lewd or obscene behavior). I mean, the spirit of the law is fine, I understand, but putting it in the same category as applying graffiti to a train? Give me a break.
Worst of all, though, was her "refusal to sign." Here in Utah, when you receive a ticket, you are expected to sign saying that you received a ticket and that you understand the appeals process. It doesn't admit guilt, it just requires a signature. She wanted to read the legal fine print, which is actually really smart. He wouldn't let her. After she asked the third time, he simply put "Refused to Sign" on the signature line, and handed her a copy.
Fortunately, they are real police. Which means they have to follow real police protocol.
Just... in the future... sit down.
Because otherwise, all he could have done was take away your pass:
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Oh wow! It'll be interesting to see if she has to pay the fine! We definitely to be updated as to how this comes out.
ReplyDeleteVery interesting to know!
ReplyDeleteThe Chief of Police contacted Dominic about the incident by e-mail, gave him his phone number, and wants to personally hear Bryanna's side of the story.
ReplyDeleteIs this the SLC police or the transit police? This is getting interesting.
ReplyDeleteJ. had suggested she file a complaint--sounds like you did it for her!
It was the chief of the Transit Police, as they are their own legitimate office, so he's the top guy. I forwarded her the email, but she's at work right now, so she probably won't respond until later.
ReplyDeleteI'll probably do a follow up post when all is said and done.
If a city police officer stopped you for a license plate light being out, would you geyt out of your car and refuse to get back inside after he told you do do so? Would you argue with him and refuse to sign the citation which is in lieu of an arrest? Even when the story is described with your obvious conflict of interest, it still sounds like she had an attitude. Police officers are testy and aggressive because they have to deal with testy and aggressive people. That officer that you are complaining about because he was "rude, also risks his life everyday to make sure that you and everyone else who rides public transportation is safe. Why is a Transit Police officer any less of a police officer than a city police officer, all police officers have to go to the police academy. all police officers have to apply and take test after test to be hired. Maybe you should be grateful that these officers risk there lives for you instead of questioning thier authority because they work for a public transit district rather than a city.
ReplyDelete