Officer Suspended for Ticketing Mayor's Son

[lawrra]

Stockton mayor suspends cop who ticketed his son - Salt Lake Tribune

Stockton Police Chief Heinz Kopp is keeping his distance from what has become a pretty big dustup in this tiny Tooele County town.
"It wasn't my decision to suspend [Officer Josh Rowell]," the chief said Monday. "That was the mayor's doing. I was left out of the loop on that one."
The chief was referring to the fallout after Rowell cited Mayor Dan Rydalch's son for driving without a license.
The mayor could not immediately be reached for comment Monday.
The City Council has scheduled a special Thursday evening session to discuss the matter, which has caused some of the town's estimated 600 residents to contact council members with questions.
Rowell said Tuesday night he was parked by the side of the road and was motioning vehicles over to check for license, registration and DUI when he realized a white car appeared to be evading the checkpoint on residential streets. He followed the sedan and pulled it over.
The driver, Jared Rydalch, 29, could not produce a driver's license. Rowell cited him and told him he would pull him over again if he spotted him driving that night.
About 20 minutes later, Rowell found the police chief in the mayor's pickup.
"You could tell just the way the mayor's hands were flying, the mayor was upset," Rowell said.
When the officer approached the pair, Rowell said the mayor fired him.
"Are you the one that gave my son a ticket?" Rowell recalled of the conversation. "I want your badge tomorrow morning."
The chief later informed his officer that the mayor, rather than firing Rowell, decided instead to suspend him without pay.
The mayor had reportedly complained that the officer had acted rudely, Rowell said.
"That's not true," Rowell said. "I'm confident I acted professional."
Councilman Kendall Thomas characterized the suspension as "totally unfair."
"What we've got is a good officer who was trying to his job and the mayor overreacting," Thomas said.
The mayor had not communicated to the council why he suspended Rowell. That's among the reasons the meeting was scheduled, said Councilman Mark Whitney.
"We're trying to find out what happened," Whitney said. "We've had several citizens ask us about this. Some are upset about it."

 

[Fletch]

"All animals are equal, but some animals are more equal than others."
-- George Orwell

 

[Kirk Freeman]

Is the City of Stockton desperately short of civil litigation?

"Wow, look at the red ink in our budget. We need to pay lawyers a bunch of money."

 

[wtfd661]

Hey, I know maybe the mayor should look for a new job.

 

[Joe Williams]

Rowell said Tuesday night he was parked by the side of the road and was motioning vehicles over to check for license, registration and DUI when he realized a white car appeared to be evading the checkpoint on residential streets. He followed the sedan and pulled it over.

I was all with the officer, up until this part. My understanding is that we have a legal right to avoid the papers check, and following us and detaining us for choosing another route of travel is an illegal act.

 

[jmiller676]

I was all with the officer, up until this part. My understanding is that we have a legal right to avoid the papers check, and following us and detaining us for choosing another route of travel is an illegal act.

But officers have the right to pull you over with a suspicion of illegal activity right?

 

[Joe Williams]

But officers have the right to pull you over with a suspicion of illegal activity right?

Sure.

Now, articulate the illegal activity the officer suspected the driver of. Choosing not to have the police check your papers isn't illegal, is it? Where is the crime involved in choosing to drive a legal route?

So, the relevant question is where was the legal cause to pull the brat over?

Which would be a worthwhile argument to make against the officer, if it were actually the reason he were suspended.

 

[Timjoebillybob]

While what the mayor did is BS and him and the town are probably going to get sued and lose.

I was all with the officer, up until this part. My understanding is that we have a legal right to avoid the papers check, and following us and detaining us for choosing another route of travel is an illegal act.

There is this.

But officers have the right to pull you over with a suspicion of illegal activity right?

Evading a DUI checkpoint is not suspicion of a illegal activity. Per IN SC ruling. They must post notice far enough in advance so you CAN evade it if you wish to.

 

[jmiller676]

He could say that avoiding to stop and pass the DUI inspection he pulled him over putting 2 and 2 together, and stumbled upon the driver without a license. I don't agree with the papers and what not but the DUI I can understand, the driver deliberatley went around it and that could add suspicion of DUI. Not sure, just a though.

 

[Scutter01]

Evading a DUI checkpoint is not suspicion of a illegal activity. Per IN SC ruling. They must post notice far enough in advance so you CAN evade it if you wish to.

The article is about a city in Utah. They may not have the same statute.

 

[jmiller676]

nevermind.

Sobriety checkpoints

"Utah Authorized by statute. UTAH CODE ANN. 77-23-101 et seq. This statute requires approval of a magistrate. See State v. Sims, 808 P.2d 141 (Utah App. 1991). Avoidance of a checkpoint does not justify a stop. State v. Talbot, 792 P.2d. 489 (Utah App. 1990). For a case holding that a checkpoint can provide too much discretion to police, see State v. DeBooy, 996 P.2d 546 (Utah 2000)."

 

[Timjoebillybob]

The article is about a city in Utah. They may not have the same statute.

DOH I wasn't paying attention to what state it happened in. Bad Tim no bacon 2 years.

 

[jmiller676]

DOH I wasn't paying attention to what state it happened in. Bad Tim no bacon 2 years.

Just to be mean...

 

[LEaSH]

Estimated 600 residents? Why a mayor?
Why a police force?

 

[lawrra]

Estimated 600 residents? Why a mayor?
Why a police force?

People are crazy in Utah?

 

[GlockRock]

Estimated 600 residents? Why a mayor?
Why a police force?

Why not a police force? We have a town of about 700 in my county that has a part time police force. It helps us at the Sheriff's Department tremendously when they have someone on. It frees us up when something in the town happens and we dont have to go from one end of the couty to the other. It also gives us back-up when something happens in the county and they assit. It also greatly reduces the response time when something major happens there.

 

[LEaSH]

Ok I see your point with the extra cops.

Does the small town of 700 in your county have its own mayor?

 

[Bill of Rights]

But officers have the right to pull you over with a suspicion of illegal activity right?

Sure.

...

No, they most certainly do NOT!

Officers of the law are granted the power to pull you over with a suspicion of illegal activity by the governmental entity that employs them and pays their salary from tax monies extorted from the citizenry.

Officers of the law, being human beings, have the rights of life, liberty, and the pursuit of happiness, among others not enumerated.

Powers are not the same thing as rights.

Blessings,
Bill

 

[Dryden]

Sure.

So, the relevant question is where was the legal cause to pull the brat over?


When I first read the article, it hit me.... This was not the mayor's KID... it was a 29 year old man. If it were some 16 year old BRAT, maybe I'd cut some slack. But, comeon..... the guy's almost middle aged, he ain't no BRAT. He should know better and the mayor was ay out of line.

 

[GlockRock]

Ok I see your point with the extra cops.

Does the small town of 700 in your county have its own mayor?

No mayor, but there is a town board.