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ripcord

(5,537 posts)
Mon Feb 22, 2021, 10:55 PM Feb 2021

Sometimes California really pisses me off

I drive a truck for a living and I share my truck with a night and weekend driver so I take all my stuff with me at the end of the day. Today I was arrested and charged with possession of a deadly weapon because a cop saw my tire thumper sticking out of my bag, a tire thumper looks like a small bat that truck drivers use to check tire inflation. I tried to explain and had him check the bag to see the rest of my equipment, he had my license so he knew I was a commercial driver, but he said it didn't matter possession of it outside the truck was illegal. I was released on my own recognizance after being fingerprinted, booked and given a court date, this whole thing is complete and utter bullshit, my hope now is to get an ADA who has a clue.

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Sometimes California really pisses me off (Original Post) ripcord Feb 2021 OP
is posession of it outside a truck illegal? zillions of things can be deadly weapons nt msongs Feb 2021 #1
No kidding! jcgoldie Feb 2021 #3
He said it look like a billy club ripcord Feb 2021 #5
Every state has its' asshole cops. Sorry that happened to you. Hang tough, good luck. Enter stage left Feb 2021 #2
Is the tire thumper law only in California? Blue_true Feb 2021 #4
The problem is in the description of the device. Caliman73 Feb 2021 #12
Your suggestion is likely right. The right lawyer may get the charges Blue_true Feb 2021 #13
You ran into a cop who is an idiot or an asshole. Maybe both. Mr.Bill Feb 2021 #6
+++ still_one Feb 2021 #9
Hey, we don't call it the PRC for nothing (nt) Hugh_Lebowski Feb 2021 #7
Sorry. Out of the blue you were accosted, searched and arrested? CurtEastPoint Feb 2021 #8
How are you to thump a tire dweller Feb 2021 #10
That's exactly what I was gonna ask! FoxNewsSucks Feb 2021 #29
From the DU archives: Make7 Feb 2021 #11
For anyone who wonders why cops get called pigs... GregariousGroundhog Feb 2021 #14
Be careful, we're supposed to support cops now and salute them ansible Feb 2021 #23
I have a special salute for the "armed tax collector" FoxNewsSucks Feb 2021 #30
Or maybe cops are more suspicious of out of state license plates kimbutgar Feb 2021 #15
I've lived in California for over 57 years ripcord Feb 2021 #16
Then the cop was an a hole kimbutgar Feb 2021 #21
A former colleague calls CA the left coast LittleGirl Feb 2021 #24
meanwhile Celerity Feb 2021 #17
+1 ffr Feb 2021 #22
DAMN! elleng Feb 2021 #18
I carried a 1/2 inch pipe X 18" for 40 years. demosincebirth Feb 2021 #19
Didn't put a knee on your neck did he? Choke hold maybe?! Under The Radar Feb 2021 #20
I did some searching online.... Blue Dawn Feb 2021 #25
A hammer could be a deadly weapon left-of-center2012 Feb 2021 #26
Don't blame the state...blame the asshole/rookie trying to make a name, etc. cop. Xolodno Feb 2021 #27
If you dial 911 on a Domestic Violence issue, what do you expect the police to do? MichMan Feb 2021 #28
It is. Xolodno Feb 2021 #31
sorry to hear that. Hope you explain it away about court date Demovictory9 Feb 2021 #32
Just an update ripcord Mar 2021 #33
Good for you. n/t MicaelS Mar 2021 #34

jcgoldie

(11,646 posts)
3. No kidding!
Mon Feb 22, 2021, 11:02 PM
Feb 2021

Is it illegal for a coach to take a duffel bag full of ball bats to little league practice??

Blue_true

(31,261 posts)
4. Is the tire thumper law only in California?
Mon Feb 22, 2021, 11:02 PM
Feb 2021

Sounds like your case will likely get dismissed fairly quickly.

Caliman73

(11,744 posts)
12. The problem is in the description of the device.
Mon Feb 22, 2021, 11:14 PM
Feb 2021

The police are calling it a "billy club" which would fit the definition of a "weighted club or cane" which are illegal to possess in California. I was looking at People v. Baugh, where the court convicted a person who claimed that he was carrying a "tire thumper" although in Baugh the circumstances were somewhat different as Baugh was driving a car not his truck and had only sporadically worked as a commercial driver. I would suggest a "trucker's lawyer".

Blue_true

(31,261 posts)
13. Your suggestion is likely right. The right lawyer may get the charges
Mon Feb 22, 2021, 11:21 PM
Feb 2021

dismissed really fast.

I would assume that a prosecutor would do some due diligence on the person charged. Things like occupation, past history concerning any acts of violence, membership in some groups, ect, to determine whether it was reasonable for the person to have the device.

Mr.Bill

(24,325 posts)
6. You ran into a cop who is an idiot or an asshole. Maybe both.
Mon Feb 22, 2021, 11:06 PM
Feb 2021

Please don't blame the entire state of California. I hope you get out of this okay, and I'm sorry it happened. My dad used to drive busses, and I know exactly what tool you are talking about.

Make7

(8,543 posts)
11. From the DU archives:
Mon Feb 22, 2021, 11:13 PM
Feb 2021
MadHound  May-30-11

So it's illegal to carry a big stick in California.

I've been working in a truck stop in order to make ends meet(last day is Wed, I've got a teaching job:woohoo:).

One of the items we carry is a tire thumper. It is essentially a big stick, about three-quarters the size of a baseball bat. It is used by truckers to determine if their inside tires are flat. I've seen them here in Missouri all of my life, carried one in the glove compartment when I was driving a school bus twenty years ago.

Today I found out that they are considered to be billy clubs in California, and are illegal.

I find this to be a bit bizarre. Really, what is the purpose of outlawing a big stick? It's not going to prevent people from beating on each other, since they can still use a baseball bat, pool cue, iron pipe, length of doweling, a big stick, a 1X1, 2X4, etc.

So what is the purpose of this? It just seems like more silly nanny statism running amuck.

https://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1199139

That's bizarre. Are they running surveillance operations of baseball fields to catch all the dangerous criminals transporting baseball bats?

Good luck with your case.

kimbutgar

(21,195 posts)
15. Or maybe cops are more suspicious of out of state license plates
Mon Feb 22, 2021, 11:42 PM
Feb 2021

Since January 6th there’s a narrative in right wing world, California is bad because it’s a blue state.

That said getting some bs pull over sucks.

LittleGirl

(8,291 posts)
24. A former colleague calls CA the left coast
Tue Feb 23, 2021, 01:51 AM
Feb 2021

I’m sure he picked it up from Rush Limbaugh or someone else.

ffr

(22,671 posts)
22. +1
Tue Feb 23, 2021, 01:24 AM
Feb 2021

American Taliban run around playing toy soldier with real actual weapons and the cops escort them for their AT's own safety.

Blue Dawn

(892 posts)
25. I did some searching online....
Tue Feb 23, 2021, 01:54 AM
Feb 2021

...and found a national law firm just for truckers. It is Interstate Trucker, Ltd. You can get a free consultation. They say on their website, “Defending truckers is not one of the things we do. It’s the only thing we do.”

They are not a referral service. They are actual attorneys who would oversee every detail of your case.

They have handled 350,000 cases in courts in the continental 48 states. They charge one flat fee, no membership dues and no surprises.

They say, “It’s not the law....it’s the interpretation of the law that counts.” They say that they can help keep a ticket or charge from affecting your clean record. They understand everything that affects truckers and their jobs.

The number is 1-800-333-3748. (1-800-333-DRIVE)

Their website is interstatetrucker.com

I have no idea if they can help you, but I would think it would be worth it to give them a call and explain your situation.

I really don’t know anything about trucking but I am often good at finding resources for people. Maybe these attorneys could help you out.

I would love to see you get justice.

Good luck!



left-of-center2012

(34,195 posts)
26. A hammer could be a deadly weapon
Tue Feb 23, 2021, 02:34 AM
Feb 2021

I have family members who work in the construction business.
They often walk about with a toolbox filled with hammers etc.

Xolodno

(6,401 posts)
27. Don't blame the state...blame the asshole/rookie trying to make a name, etc. cop.
Tue Feb 23, 2021, 04:24 AM
Feb 2021

My wife has a mental illness and unknown to me was tossing her meds. I fell asleep on the couch...then was awoken by her beating the shit out of me. Managed to grab my phone and dial 911 while she ran away in mental distress.

The police showed up first, called off the ambulance, and proceeded to arrest her. I protested saying she needs a mental facility....then I was accosted by another rookie officer asking me what happened. Told him, I didn't know, was sleeping on the couch at one point, then getting the snot beaten out of me the next.

He then said our stories weren't adding up and would take me in. 5k in bail and lawyers...this was all put behind us. Bonus, wife takes her meds religiously now. But it still cost us...my records are destroyed, need to work on hers next.

Not only did the DA drop our case like a hot potato, asked to share our story with the watch commander of "what not to do". Given the immunities they have, good luck on recovering 5k.

But I'm still out of 5k and medical debt (yeah, despite my visible injuries, they sent me to the hospital and still sent me to jail...oh and, I wasn't treated, despite other officers gawking at my injuries...apparently it was a busy night).

Oh and, as you know, the system makes it impossible to contact a bail company...can't even ask for a phone book. Thankfully, a new prisoner had numbers to a bail company and got me out asap.

The attorney I hired was a former DA, flat out told me this, the cops have one job and its what they get their performance evaluations graded on. The number of people they arrest. If its that bad in California, imagine it in other states.

MichMan

(11,972 posts)
28. If you dial 911 on a Domestic Violence issue, what do you expect the police to do?
Tue Feb 23, 2021, 08:34 AM
Feb 2021

Domestic Violence is a serious issue.

Xolodno

(6,401 posts)
31. It is.
Tue Feb 23, 2021, 10:00 PM
Feb 2021

But when they arrived, the episode was over and she was begging to be taken to a mental hospital. Nope. Sent her to jail....and after a diagnosis, immediately was sent to the mental hospitalization ward to another place. Even the jailor, who I met later, saw the scar marks on her arms and realized this was unusual. He told me that he and others would keep extra eyes on her, as it was obvious she was suicidal.

Which leads me to this, why was I arrested? When I was transported to the jail (the local one didn't have medical unit), several officers and other prisoners "noticed" that I have never been in that situation. And both officers and prisoners asked why I was there, and when I related my story...all said the same thing, "you shouldn't be here and the officers fucked up".

Even the lawyer I hired, who was a former DA said they screwed up. But wait, there's more!

The mental ward of the jail called me up (after I made bail), and told me when she will be released. Afterwards, they gave me a phone number (and I have it on speed dial) and said to call that one should it ever happen again (thankfully, it hasn't, new meds are working quite well). Something I wasn't aware of, there are emergency mental health tech's that will immediately get the proper resources and take someone to a proper facility.

And then there is this, the former DA told me, "Police get two weeks of training on law and less on mental health". Then he reiterated, their job reviews are based on how many people they arrest. I'm white, but after that, didn't take me long to figure out that if its this fucked up for me, its worse if you are black. Hell, I met another prisoner who got clocked in a bar, he didn't start the fight...and even walked away from the person creating the issue, had no choice but to fight back or end up in the hospital. And yet, just like me, dropping money to get out.

If you want to argue against that, fine. But your not convincing me, our justice system is fucked up and I count myself lucky to have some resources and tone of my skin. For others, they are really screwed.

ripcord

(5,537 posts)
33. Just an update
Mon Mar 1, 2021, 07:43 PM
Mar 2021

All charges have been dropped, it is amazing how fast things move when you have a Teamster's lawyer behind you.

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