Fogey1

I don't know nothin' 'bout no minutiae of the Portland Municipal Code, but that was a "loading zone."

It's arguable that "... picking up some takeout ..." is a legitimate use of the space, which is, after all, by definition, reserved for brief commercial errands .

(Having been trained as a lawyer) Tomorrow I'll argue that the cop deserves, at least, scourging and banishment for his criminal lawbreaking under color of authority, and the damage that cynical act of corruption has done to the public trust and social fabric.

Mike B

Will, I probably should have "walked on by" but I have to ask...How does a parking concern equate to a criminal offence? Isn't the offender's intent a necessary element of the offence? Assuming the officer was parked illegally; does that make him corrupt?

Just curious questions for a legal minds more informed than myself.

EDIT: By the way Randy, Is it just me that feels this thread in on a merry-go-round?

Ron_H

I must agree that, absent criminal intent, there is no crime. And in fact, that is so stated in the California Penal Code. However, this zone was marked clearly and designated as such by a proper sign (I'm assuming). Was the officer put on notice that it was merely a loading zone, and not for longer use? I assume he was. If it was so marked and marked correctly and legally, was his action intentional and criminal?

Because I'm obviously not known for my brevity, let me say one more thing. (don't all clap at once !!) If the absence of criminal intent means you didn't know an action was criminal and didn't intend to break the law, is it a crime that you did? OK, long enough to think about it. I maintain that it is NOT. Ignorance of the law is not equivalent to not realizing the law exists. Have you memorized the entire penal code for your jurisdiction? Well then, are you ignoring the law you know, or simply finding it impractical to exist while still spending time to memorize all statutes? Just a thought. OK, I'll go back to my job now.

Fogey1

Mike B: The second part of my post was the overstated joke, a comment on the demonizing of the po-po. As to criminality, while illegal parking may not be criminal, the intent to abuse your office/authority often is.

Ron H: The video showed a loading zone. I think the "stop to run in and collect your order" is a proper use. I wouldn't be surprised if the restaurant owner lobbied for that zone for just that reason. The story doesn't say whether the guy stayed longer?

918-S

It will be interesting to see how this case is settled. If the office is found not gilty, we all could use this case as a legal defense.

Dan87951

wow

dprantl

Wow this is funny. Are people actually saying that the "loading zone" purpose is for people to park out front to get take-out? Seriously?

Dan
'91 928GT S/C

928SS

Sec. 1.006 Curb Loading Zone
"Curb loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials

seems like it could be used for everything from a commercial delivery to a pickup of people or goods... to me anyway.

maybe it's a "special" loading zone for freight only?

I'd like to see a loading zone for folks that are too lazy to walk into a bar, hahahaha

Ron_H

In that case, if he simply stopped to pick up his order and return to his cruiser, I see no violation of any law.