How to file a complaint against a Police Officer?

[DC5-S]

Alright heres the story.. today my mom headed to lougheed mall to pick up something.. she was at a red light and in the lane beside her (left hand turning lane) was a police officer in a truck. She looked over and he looked back, and she kept driving.. Then the police truck pulled into her lane and turned his lights on, and yelled through his speakerphone to keep on moving!!.. my mom couldn't hear too well since its an echo when you hear from those big speakerphones and she ended up turning into a parking lot.

He got out and ran up the car and yelled "Driver License" in a very loud and racist tone like you would be speaking to someone who doesn't understand english in a dumbed down english way.. My mom gave it to him, then he asked for insurance papers, then he said did I tell you to pull into the parking lot?!?!!My mom said you didn't really tell me where to pull over, I could barely hear you on the speakerphone. Then he spoke to my grandma who was in the car, and said Your belt is not on properly!!!! my mom said she cant speak english, then he yelled again, your seatbelt is on wrong!!!!!!!!.. and she said I told you she cant speak english.. the funny thing was that her belt was on properly the whole time. And he didnt give a ticket for that since he knew he was wrong and just made up that to yell at my grandma.

He went back to his car and came back with a BS ticket, and said im giving you a ticket for using your cellphone. My mom was like WHAT? I wasn't even on the cellphone its in my purse, he said sign the ticket you are getting it!!!.. My mom said check my cellphone or call telus I was not on the cellphone, it was in my purse the entire time. He said I dont care you are getting the ticket!!!, this whole time he is yelling while my mom is calmly replying. My mom was in shock when she came home and felt like crying because this douchebag cop treated her like shit and she said he was very racist in the way he was speaking english (my mom and grandma were both dressed in east indian suits), im really really upset about this whole ordeal, and this bullshit ticket which I know for sure she will loose if she disputes since the judge always takes the cops side.


Cliffs:
-Cop pulls my mother over for no reason
-Yells at her and my grandma in a very loud and racist sarcastic tone.
-Gives her a fake ticket for using a cellphone while she never even had it in her hand.
-How to file a complaint and win this in court? (if thats even possible)

[izzy99]

bring your cellphone bill and state the time of when u got pulled over and show them. Prove to the court. make sure everything is under her name and if u wanna give him shit. get your ass to the station and ask for some info.

[Amaru]

Sounds like a pretty shitty encounter.

Instructions on how to dispute are on the back of the ticket. It's a fairly simple process. If your story is true, then it's likely that either the cop won't show up in court (you'll win), or the judge will take your side and throw out the ticket - especially if you can procure proof from Telus.

I wouldn't mention the "racist" word in court, personally, as you have no real reason to assume he was being racist. Maybe he's just a dick, or maybe he's having a bad day. He might be harassing everyone who looks at him the wrong way, regardless of their skin tone. Accusing him of racism isn't going to help your argument.

The police officers on this board will probably know more about the process... but I would image if you want to make a complaint against the particular officer, you can call the local non-emergency number (it'll be in the blue pages of your phone book, or you can Google it). Ask the operator how you can file a complaint against a particular officer. She should direct you to someone or explain the complaint process. Frankly it will not likely go anywhere unless his poor behaviour is on camera, and even then he wasn't physically abusive or anything so it's unlikely he'll be reprimanded. Perhaps if enough people file similar complaints his supervisor will speak with him or something. Again, I wouldn't suggest you accuse him of being a racist without any real proof.

Most cops are polite enough and won't harass you unnecessarily. In my experience they're usually good people with good intentions.... but the job does attract a few power-hungry dicks who enjoy abusing innocent folks. I think your mom just had the misfortune of encountering this rare breed of policeman...

[DC5-S]

Originally Posted by Amaru

Sounds like a pretty shitty encounter.

Instructions on how to dispute are on the back of the ticket. It's a fairly simple process. If your story is true, then it's likely that either the cop won't show up in court (you'll win), or the judge will take your side and throw out the ticket - especially if you can procure proof from Telus.

I wouldn't mention the "racist" word in court, personally, as you have no real reason to assume he was being racist. Maybe he's just a dick, or maybe he's having a bad day. He might be harassing everyone who looks at him the wrong way, regardless of their skin tone. Accusing him of racism isn't going to help your argument.

The police officers on this board will probably know more about the process... but I would image if you want to make a complaint against the particular officer, you can call the local non-emergency number (it'll be in the blue pages of your phone book, or you can Google it). Ask the operator how you can file a complaint against a particular officer. She should direct you to someone or explain the complaint process. Frankly it will not likely go anywhere unless his poor behaviour is on camera, and even then he wasn't physically abusive or anything so it's unlikely he'll be reprimanded. Perhaps if enough people file similar complaints his supervisor will speak with him or something. Again, I wouldn't suggest you accuse him of being a racist without any real proof.

Most cops are polite enough and won't harass you unnecessarily. In my experience they're usually good people with good intentions.... but the job does attract a few power-hungry dicks who enjoy abusing innocent folks. I think your mom just had the misfortune of encountering this rare breed of policeman...

thanks for the replies, my mom was also surprised because she has never met a cop treat her this way in the 25 years she's been driving. she also brought up a good point that, even if she provides proof that she was not on her cell at that time; the cop could make up a lie that she was texting or doing something else on her phone
Posted via RS Mobile

[Amaru]

Originally Posted by DC5-S

thanks for the replies, my mom was also surprised because she has never met a cop treat her this way in the 25 years she's been driving. she also brought up a good point that, even if she provides proof that she was not on her cell at that time; the cop could make up a lie that she was texting or doing something else on her phone
Posted via RS Mobile

If you bring proof from Telus and really seem legitimate, the judge will likely side with you. Even if he doesn't throw out the ticket altogether he might reduce the fine. And then there's also the chance that the cop will not show up in court, or he will simply tell the court to forget the ticket because he knows he can't win (either way, you can't lose by disputing.. assuming if your mom's story is accurate anyway).

[skidmark]

This wouldn't be the first time this has been discussed here...

[zulutango]

According to your post we have a racist Cop pull someone over for no legal reason at all, yell at her and the passenger, accuse the passenger of not wearing the seat belt properly when it had been, accuse the driver of being on her cell phone when it was in her purse and then threaten her to sign a VT when it is not legally required to be signed ?

Were with your mother at the time or did she tell you what happened? There may be more to the story. If it happened exactly as you stated then a complaint should be laid and an investigation started.

[DC5-S]

I was not with my mother when it happened, but I have absolutely no reason at all to believe she would lie to me. She would have nothing to gain from it. She said the phone was in her purse the whole time, maybe the officer thought she was looking at her cell or something because she could have looked down at her feet, or for some other reason for a split second? Because she did mention when the cop came up to the window he was looking around in the car, possibly for the cell.. and she told him it was in her purse. (it would have been impossible for the cop to see the cell or anything in her hand because she was never holding anything, so it was pure speculation by the cop) And yes my grandma was wearing the seatbelt like you normally would, not one strap behind the back etc.. if she was wearing it incorrectly he could have given a ticket.. but he didnt because im sure he knew he was wrong. Im guessing the cop was having a bad day, and felt like taking it out on some innocent civilians just to make himself feel better.

[nns]

FYI:

As of January 1, 2010, all B.C. drivers,
including those in GLP, are prohibited from using hand-held
electronic devices while driving. Drivers are prohibited from
operating or holding hand-held cellphones or other electronic
devices, sending or reading emails and/or text, operating or
holding hand-held music or portable gaming devices, and
manually programming or adjusting GPS systems while driving.
These restrictions do not apply for calling 9-1-1 to report an
emergency.

This is from the ICBC Road Sense for Drivers book. http://www.icbc.com/driver-licensing...d/drivers7.pdf

You don't need to be making a call, receiving a call, or even holding a phone. So your mom's right, a call log or whatever from her phone won't help much.

[zulutango]

"Im guessing the cop was having a bad day, and felt like taking it out on some innocent civilians just to make himself feel better.[/QUOTE]"

That's probably it. Risking a civil suit, an internal investigation, dismissal and public ridicule is always a great way to make yourself feel better. With all due respect to your mother...and I'm serious...you were not there and are only in posession of one point of view. Only the Officer and the vehicle occupants are in posession of the truth. If they were 100% innocent victims then they should report it. IF it really happened as you said then the behaviour was inexcusable and the Cop should be held to account.

[DC5-S]

what I said word for word is the absolute truth according to my mother and I believe her 100%. If she said she didnt have any type of electronic device in her hand I believer her, this ticket should be thrown out and the cop should be suspended.

[winson604]

If you want to file a complaint against a police officer go here http://www.opcc.bc.ca/

[Soundy]

Originally Posted by nns

This is from the ICBC Road Sense for Drivers book. http://www.icbc.com/driver-licensing...d/drivers7.pdf

You don't need to be making a call, receiving a call, or even holding a phone. So your mom's right, a call log or whatever from her phone won't help much.

It COULD, depending on what the cop claims she was doing. If he shows up in court and testifies that he saw her talking on it, and she can then show a call log proving that she wasn't... then his testimony is bunk. If he merely states that he saw it in her hand, the call log would be less useful...

This, of course, is why if you do go to court, you don't give the cop any hint of what your planned defense is or what evidence you're bringing.

[sebberry]

So this is how the province has already generated over a million dollars in revenue from the handheld electronic device law...

[Amaru]

Originally Posted by nns

You don't need to be making a call, receiving a call, or even holding a phone. So your mom's right, a call log or whatever from her phone won't help much.

If he says she was using her phone, and Telus proves there was no data/phone/texting within 15 minutes of the time written on the ticket... then you've probably got a very good case, especially if the officer says "I saw her looking down at something"... she could argue that she was looking down at her fingernails or a stain on her jeans, not her phone.

Honestly, most judges are pretty level-headed, and if you can prove there wasn't any phone usage then he'll probably at least reduce the fine.

Also, if this cop is a dick and often gives out silly tickets like this, then the judge in the traffic court probably knows him and is aware of his reputation for giving out bogus tickets.

I agree with Soundy - the record from Telus could prove extremely useful in court, depending on the officer's argument, his reputation, and the judge's opinion of the law and the defendant.

Originally Posted by zulutango

That's probably it. Risking a civil suit, an internal investigation, dismissal and public ridicule is always a great way to make yourself feel better.

Do criminals think to themselves, "oh damn, if I get caught I could go to jail for up to 18 months if I steal this"? No, they don't. In the heat of the moment, there is very little rationality going through a person's mind.

I highly doubt the officer in question would be concerned about a civil lawsuit when making a routine traffic stop to give out a cell phone violation. He was probably just grumpy, thought he saw her using a phone, and issued a ticket accordingly.

When I was in high school I used to work as a customer service rep at a call center. I dealt with dozens of clients every day, and about 1 in 20 calls was recorded and reviewed for evaluation.. Most of the time I was friendly or personable, but occasionally I'd be tired and grumpy and simply couldn't be bothered to provide polite and friendly service. Even though I knew I stood to lose my job if I was rude, I did it anyway because I was in a bad mood. There were no rational thoughts going through my mind.

Moral of the story: it's very possible he was just having a bad day and wasn't willing to be polite with the OP's mother. Perhaps she said something that he didn't like, and he decided to give her a ticket because he saw her looking down in her lap and assumed she was looking at her phone. Who knows.

[zulutango]

A Police officer is subject to far more penalties than "citizens" and I outlined them above. With everybody with cell phones looking to make a name for themselves, the pivot legal society and bccla, civillian and Polce complaint commissions and lawyers cruising for ambulances, you have got to believe that Cops are very aware of what can happen. In fact we are so paranoid, we start second-guessing what we should do in situatuons because of what can happen.

As far as the cell phone records go, you would have to prove to the court that the records were for the exact phone being used/not used. Otherwise anyone could show up with records for any phone and say it was the one they had at the time. I don't know how you could do that. It would be easy to say that even if it was the record for your phone, who is to say that you don't have another phone or had someone elses phone at the time ? In cross examination all the officer would have to ask is what I just said. Reasonable doubt cuts both ways.

[wing_woo]

I still see so many people using hand held cell phones while driving. Some lady was talking on the phone and she didn't realize that the traffic has moved until the car in front was half way down the block. When she did realize it, she had to put her car in gear...for some unknown reason, she put it in Park. I guess it was so she didn't have to step on the brake while talking on the phone. At first I thought she stalled her car, but as I drove by in the other lane, I noticed she was on the phone and couldn't get the car in drive quickly enough.

Today, I saw someone constantly dialling his phone as I was waiting for the light to change. He had a cigarette in left hand and dialling the cell phone with his right hand. Saw him dial a few times while I was waiting. He's lucky there was no one behind him otherwise, he would have been honked like crazy. He was able to turn right almost right after the light turned red as there was no traffic. He was too busy with his phone and didn't actually realize he was able to turn until the light had changed to green. I actually can't remember how he turned either cause both his hands were holding something already.

[sebberry]

Originally Posted by zulutango

With everybody with cell phones looking to make a name for themselves

Making a name for themselves or trying to bring misconduct to light?

Would you rather people go to jail for videotaping such an incident?

[zulutango]

You mean the 100 mph wheelie on the Hwy or the Cop in a state where the law requires both party consent to tape someone?

[Soundy]

Originally Posted by zulutango

As far as the cell phone records go, you would have to prove to the court that the records were for the exact phone being used/not used. Otherwise anyone could show up with records for any phone and say it was the one they had at the time. I don't know how you could do that. It would be easy to say that even if it was the record for your phone, who is to say that you don't have another phone or had someone elses phone at the time ? In cross examination all the officer would have to ask is what I just said. Reasonable doubt cuts both ways.

Something occurred to me that would weigh on the OP's mom's side, in this case (and naturally, this is assuming the OP is being accurate in his recounting of the story):

He went back to his car and came back with a BS ticket, and said im giving you a ticket for using your cellphone. My mom was like WHAT? I wasn't even on the cellphone its in my purse, he said sign the ticket you are getting it!!!.. My mom said check my cellphone or call telus I was not on the cellphone, it was in my purse the entire time. He said I dont care you are getting the ticket!!!

Seems to me if she offered the cop the chance to check her phone right there on the spot, and he declined, she'd have a lot stronger case... to pull out an analogy, I can't imagine a drunk-driving charge would stand up too well if the cop accused you of DUI, you requested a breathalyzer, and the cop refused to give you the test.

[hchang]

Originally Posted by sebberry

Making a name for themselves or trying to bring misconduct to light?

Would you rather people go to jail for videotaping such an incident?

Does BC have the Two party consent law as well?

[CRS]

Originally Posted by hchang

Does BC have the Two party consent law as well?

Don't think so.

IIRC, only one party needs to know what is going on.

[Soundy]

Totally non-legal opinion here, but working in video surveillance, I know we've never needed to post notification that video recording is being used. Lots of places DO post it, as a deterrent, but it's not required. AFAIK, audio recording in a public area is allowed, but isn't admissible as evidence unless there's signage posted.

Recording a phone call (wiretap) requires that only one party in the conversation be aware of the recording - if you're recording your own calls, then one party does know, and the law is satisfied (it's really put in place to address third-party wiretapping).

[zulutango]

"Seems to me if she offered the cop the chance to check her phone right there on the spot, and he declined, she'd have a lot stronger case... "

That is a thought but let's say that Police occasionally deal with people who lie to them and lets say that the person stopped (not this lady in question) had 2 cell phones and showed the Cop the phone that they had not used....or one belonging to a passenger...now they have lied to "prove" that they were not using their phone. A good percentage of the seat belt tickets Iwere to drivers who saw me, pulled it on, then argued on their mother's grave that they had it on all day. The more flagrant the action, the louder the screaming and rage at getting caught and the more upset that I would not believe their lies...which they fully knew were lies.

[wing_woo]

That's exactly how it was when I worked in the fast food industry. I saw a guy take the change and flick the $50 into his car and he held out the $20 saying "WTF?!? Where's the rest of my change!?!" I knew he was scamming and we just told him that because there is a discrepancy, we have to count the till to verify. If we find an extra $50, then we will give it back to you. It'll take less than 5 minutes. He continued flipping and screaming and we just held our ground. Eventually he just gave up, shouted some more and sped off really fast (luckily no one was crossing the drive-thru lane as there's a crosswalk there). Whenever it's a legit mistake, they are usually much nicer about it and more understanding and will always wait the 5 minutes to get it verified because they knew they were right whereas the wrong ones will just scream and shout and try to intimidate you into believing them.