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Alpharetta Police Chasing Suspect

Posted in the Alpharetta Forum

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John Doe

Mcdonough, GA

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#24
Feb 17, 2008
 
Law Patrol wrote:
<quoted text>
Good morning John Doe,
I gotta nit pick your response just a little bit. No offense intended.
If the driver can see for a distance in both directions that the sidewalk is clear of pedestrians, and there is no vehicular traffic on the roadway that could be affected by the vehicle entering the flow of traffic, there is NO reason for the driver to come to a complete stop. The stated reason for a pursuit in this article does NOT justify "Probable Cause".
Since there was no victim of the actions of this particular person, I see no justifiable cause for an arrest warrant. Have a good day, and be safe.
TITLE 40. MOTOR VEHICLES AND TRAFFIC
CHAPTER 6. UNIFORM RULES OF THE ROAD
ARTICLE 7. NEGOTIATING RAILROAD CROSSINGS, ENTERING HIGHWAYS FROM PRIVATE DRIVEWAYS
O.C.G.A.§ 40-6-144 (2007)
§ 40-6-144. Emerging from alley, driveway, or building.
The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway or, in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway.
HISTORY: Ga. L. 1953, Nov.-Dec. Sess., p. 556,§ 88; Code 1933,§§ 68A-509, 68A-705, enacted by Ga. L. 1974, p. 633,§ 1; Ga. L. 1990, p. 2048,§ 5.
I am going to have to disagree with you. There is no where that says if there is traffic or you need to yield to traffic on the road. It says you have to stop. If there is no traffic can you run through a stop sign or a red light? Same idea.
GCPD 845

Coventry, RI

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#25
Feb 17, 2008
 
jrb wrote:
<quoted text>What school did you attend?Clayton Co?
LOL!!!!!
GCPD 845

Coventry, RI

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#26
Feb 17, 2008
 
rick wrote:
GCPD 845, 06' up Impala police package (3.9V6) will leave any year of a Crown Vic in the dust!
that makes sense.. Ive heard the new models are pretty fast. The older model I had in Gwinnett wasn't worth a damn.
Law Patrol

Marietta, GA

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#27
Feb 17, 2008
 
John Doe wrote:
<quoted text>
I am going to have to disagree with you. There is no where that says if there is traffic or you need to yield to traffic on the road. It says you have to stop. If there is no traffic can you run through a stop sign or a red light? Same idea.
Hey John Doe,
I am glad you are disagreeing. It tells me that you are interested in the Codes. However, I would like to point out the Criminal Code of Georgia;
TITLE 16. CRIMES AND OFFENSES
CHAPTER 1. GENERAL PROVISIONS

O.C.G.A.§ 16-1-1 (2007)

§ 16-1-1. Short title
This title shall be known and may be cited as the "Criminal Code of Georgia." As you can see in 16-1-2, if a "crime" is committed, the Statute that is violated, must declare that a crime has been committed, as paragraph (3) so states. In OCGA 16-11-43, the last clause states that the offense of violating this Code Section is a misdemeanor crime. You do NOT see that in OCGA 40-6-144. This Code Section does NOT meet the requirements of any paragraph in
OCGA 16-1-2.
Take care, and be safe.

HISTORY: Code 1933,§ 26-101, enacted by Ga. L. 1968, p. 1249,§ 1.
O.C.G.A.§ 16-1-2 (2007)
§ 16-1-2. Purposes of title
The general purposes of this title are:
(1) To forbid and prevent conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
(2) To give fair warning of the nature of the conduct forbidden and the sentence authorized upon conviction;
(3) To define that which constitutes each crime; and
(4) To prescribe penalties which are proportionate to the seriousness of crimes and which permit recognition of differences in rehabilitation possibilities among individual criminals.
HISTORY: Code 1933,§ 26-102, enacted by Ga. L. 1968, p. 1249,§ 1.

O.C.G.A.§ 16-11-43 (2007)
§ 16-11-43. Obstructing highways, streets, sidewalks, or other public passage.
A person who, without authority of law, purposely or recklessly obstructs any highway, street, sidewalk, or other public passage in such a way as to render it impassable without unreasonable inconvenience or hazard and fails or refuses to remove the obstruction after receiving a reasonable official request or the order of a peace officer that he do so, is guilty of a misdemeanor.
HISTORY: Laws 1818, Cobb's 1851 Digest, p. 949; Ga. L. 1859, p. 65,§ 1; Code 1863,§ 4481; Ga. L. 1865-66, p. 233,§ 2; Code 1868,§ 4527; Code 1873,§ 4617; Code 1882,§ 4617; Penal Code 1895,§ 715; Penal Code 1910,§ 766; Code 1933,§ 26-8106; Code 1933,§ 26-2611, enacted by Ga. L. 1968, p. 1249,§ 1.
Law Patrol

Marietta, GA

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#28
Feb 17, 2008
 
John Doe wrote:
<quoted text>
I am going to have to disagree with you. There is no where that says if there is traffic or you need to yield to traffic on the road. It says you have to stop. If there is no traffic can you run through a stop sign or a red light? Same idea.
John Doe,
This is what the "Stop Sign" Statute says. You will notice that failure to obey, does NOT describe it as a crime, nor does it provide a punishment for disobedience. It is merely a recommendation for exercising common sense and due regard for other traffic.

TITLE 40. MOTOR VEHICLES AND TRAFFIC
CHAPTER 6. UNIFORM RULES OF THE ROAD
ARTICLE 4. RIGHT OF WAY
O.C.G.A.§ 40-6-72 (2007)
§ 40-6-72. Stop signs and yield signs.
(a) Preferential right of way may be indicated by stop signs or yield signs as authorized in Code Section 32-6-50.
(b) Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
(c) The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways. If such a driver is involved in a collision with a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima-facie evidence of his failure to yield the right of way.
HISTORY: Ga. L. 1953, Nov.-Dec. Sess., p. 556,§ 74; Code 1933,§ 68A-403, enacted by Ga. L. 1974, p. 633,§ 1; Ga. L. 1990, p. 2048,§ 5.
Luke

Stone Mountain, GA

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#29
Feb 17, 2008
 
yall won't believe this-
i was coming home from a concert and i live right off of haynes bridge road. i was getting off of 400 at exit 9 and headed towards north point parkway. theres an extended stay america tucked in on the right and right after i merged onto haynes bridge, i see this small gray civic fly out of that access road to the hotel and head south towards mansell. i was like wow, youre an idiot. and by the time i got perpendicular to the access road, there was an alpharetta PD unit in pursuit. by the time i got to north point parkway, there were 2 units in pursuit and more passed me while i headed home.
sweet huh?
Passer By

Atlanta, GA

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#30
Feb 17, 2008
 
I was on Holcomb Bridge Road about to make a turn when the suspect came flying by and then 5 squad cars were chasing him! It was ridiculous! If 5 squad cars are chasing you then you have obviously done something wrong.
scott

Lawrenceville, GA

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#31
Feb 17, 2008
 
mikeinwb wrote:
Another black male on the run.
The individual was well known to the police and happened to be white. There are no open air drug markets in alpharetta. Alpharetta may be a ghetto but not the kind you think. Very few homes under 200,000. And very few blacks. Also meth is a white rural drug now. One it is not popular in the black community yet. And most people especially young high school drop out dealers do not know how to make it. Those suburban A student kids do though.
Atticus Finch

Syracuse, NY

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#32
Feb 18, 2008
 
Luke and Passerby: if the pursuit had put either of you in a wheelchair for life, and it certainly could have, then this thread would be full of people telling you to get your pain and suffering compensation from the drug dealer. Something to think about.
Luke

Norcross, GA

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#34
Feb 19, 2008
 
if i was about 500 feet ahead of where i was, i would have been in a wheelchair for life.

and that dude would be paying for it out the mouth :)
pdl

Lawrenceville, GA

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#35
Feb 22, 2008
 
We are considering a move to Alpharetta. I hope the Alpharetta & Fulton Cty police are watching out for the city even if they are considered by some to be over zealous. It will make it a better place to live. Gwinnett certainly looks the other way at ALL crime. Just drive thru Gwinnett and you will want to keep on driving out of here.
Investigator

Saint Louis, MO

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#36
Apr 4, 2008
 
Roy Roberts used to be the city judge and he still orders dirty officers from the department to harass and falsely arrest anyone who interferes with the local ''Dixie Mafia'' drug traffickers. Roberts is also a confirmed ''Dixie Mafia made member'', according to 95 year old Raymond Parks, who is one of the proven top bosses of the organization. Former Officer Hume, hired without a background check of any kind, falsely claimed to be a military police veteran. After a citizen with a military background found that Hume was unable identify a common ''p-38'' military field can opener (issued to EVERY G.I.), citizen conducted his own investigation to determine if Hume had ever been in the service and what other jobs he had held. It was discovered that Hume lied and his only employment had been with Pepsico. Under fear of public exposure, the Department reluctantly terminated Hume. This is one of the VERY FEW field (''patrol'') officers ever fired by Internal Affairs. Officer Bill Porter has repeatedly furnished alcohol and cigarettes to minors, and repeatedly filed false charges against individuals to harass them, and stolen non-inventoried personal items from impounded autos, but complaints continue to be ignored. One complainant was scheduled to meet with Internal Affairs, complainant appeared at the set time, was told ''Your appointment was yesterday, this matter is closed !'', complainant had a certified letter from the department proving he was appearing proper time. The ONLY way this totally corrupt department, much of the City administration, and former ciy court judge Roy Roberts, now Fulton County magistrate and private practice attorney, will ever be brought to justice will be when the F.B.I. conducts an unbiased and proper investigation. The G.B.I. will usually do nothing unless a death is involved, they are controlled by politicians and have repeatedly refused to investigate. F.B.I. Atlanta Field Office has received many complaints regarding misconduct and Constitutional rights violations perpetrated by Alpharetta pd, but states,''WE MUST BE INVITED BY THE DEPARTMENT before we can begin an investigation.''. SUUUUUUUURE THING, BUDDY !!! IF THAT IS TRULY CURRENT F.B.I. PROCEDURE, IT WILL NOW BE AN ALMOST IMPOSSIBLE TASK TO HOLD SUCH A TOTALLY CORRUPT DEPARTMENT ACCOUNTABLE WITHOUT THE BURDENSOME EXPENSE OF RETAINING A TOP LAW FIRM AT AROUND $500/HOUR/PER ATTORNEY WORKING THE CASE, WHICH FEW CAN AFFORD. GUARANTEEING INDIVIDUAL RIGHTS THE FOUNDING FATHERS SPELLED OUT IN THE U.S. CONSTITUTION SHOULD NEVER DEPEND ON A CITIZEN'S ABILITY TO PAY. A FULL AND SIFTING FEDERAL ''R.I.C.O.'' INVESTIGATION AND SUBSEQUENT CRIMINAL ACTION SHOULD IMMEDIATELY BE UNDERTAKEN AGAINST THE CITY BY THE U.S. ATTORNEY FOR THE NORTHERN DISTRICT OF GEORGIA. After personally conducting a long undercover investigation and discovering firsthand how dishonest almost the ENTIRE City Government is and how the Internal Affairs panel will generally only hold a known dirty fellow officer accountable if it can be sure that afterwards said officer can file suit against the City, make money by collecting a judgement from the City's liability insurance carrier, and be reinstated, I too would make them chase me rather than surrender...This CORRUPT Department should soon face the wrath of the public for it's now uncovered ongoing misdeeds...
spencer m clark

Atlanta, GA

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#37
Sep 15, 2009
 
Before you begin making judgements on the actions of others why not judge your own. Also if your going to make this kinda of statement i would think you should learn proper english before releasing it.
frederick cochran wrote:
I don't think they should drive wile they are on drug. and who ever it was drive knew he was doing something wrong. he knew he was go to get cauth by the police. maybaby when he go before the judge the judge will grive some time in jail.he needto be in jail he danger people lies
George

Valdosta, GA

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#38
Dec 4, 2009
 
Law patrol what planet do you live on?
Police officer DO NOT need probable cause to make a traffic a stop. They need only reasonable articulable suspicion that criminal activity is afoot to stop a car. They can in turn detain that car and its occupants until their suspicion is dispelled or confirmed.
IE. a person walking in between cars at 4 am in a hotel parking lot where cars are commonly broken into and when the person sees police they jump into a car and leave at a high rate of speed. An officer can in turn stop the car and ask what the person was doing.
You cut and past GA code which has no relevance to the issue at hand. Ever heard of case law? The code is merely the base for the ever changing interpretation of law.
Maybe you should actually go to law school before you delve into something way over your head.

Thankfully Alpharetta PD is a proactive police force which aims to keep its city a nice place to live. If your a criminal scum bag they will chase you until the wheels fall off, which is usually somewhere in south west Atlanta. APD is THE highest paying police department and most officers are college educated with significant training and experience.
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