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View Full Version : Officer with no hat


anjel
10-12-10, 09:15 AM
I am not sure if this is just a joke or a law, but I have heard if an office pulls you he/she has to have hat while giving you ticket. I was pulled by a police man in the state of MD on one of the highways. He acted some how I had never seen. He didn't come really forward so we could see his face, he didn't have his hat on also. I was trying to give way to him to pass and he give me ticket for changing lane too fast! I was wondering if this is really a law and I could use this in court ?


retdetsgt
10-12-10, 09:17 AM
I think it has merit.

Switchback
10-12-10, 09:23 AM
I am not sure if this is just a joke or a law, but I have heard if an office pulls you he/she has to have hat while giving you ticket. I was pulled by a police man in the state of MD on one of the highways. He acted some how I had never seen. He didn't come really forward so we could see his face, he didn't have his hat on also. I was trying to give way to him to pass and he give me ticket for changing lane too fast! I was wondering if this is really a law and I could use this in court ?

Call this a hunch:

I am betting, since you took the time to look around the site and notice such courtesies as making an INTRODUCTION before so rudely asking your self-serving question, that you surely did a search on such an earth-shattering question. :rolleyes5:

If a search, and common courtesies, are beyond your abilities, bringing up the officer not having his hat will surely get you what you deserve. Afterall, who cares if you are guilty of hazardous driving, the hat is what matters and the court knows this!


Kimble
10-12-10, 09:30 AM
I am not sure if this is just a joke or a law, but I have heard if an office pulls you he/she has to have hat while giving you ticket. I was pulled by a police man in the state of MD on one of the highways. He acted some how I had never seen. He didn't come really forward so we could see his face, he didn't have his hat on also. I was trying to give way to him to pass and he give me ticket for changing lane too fast! I was wondering if this is really a law and I could use this in court ?

Absolutely bring this up in court, the judge by law will dismiss this ticket if he wasn't wearing his hat.

Switchback
10-12-10, 09:34 AM
Absolutely bring this up in court, the judge by law will dismiss this ticket if he wasn't wearing his hat.

Is the judge required to wear his wig? I always get confused about that part.

retdetsgt
10-12-10, 09:46 AM
It's also permissible to make a left turn where it says "No Left Turn" as long as you don't signal.

Curt581
10-12-10, 10:05 AM
The infamous "Hat Defense".... cops hate that.


Is the judge required to wear his wig? I always get confused about that part.

The cop is required to wear his hat, the judge is required to wear his wig when wearing his robe, or the charge is automatically dismissed.

pac201
10-12-10, 11:15 AM
I told you guys, once this gets out we're screwed...

Outshined
10-12-10, 11:25 AM
I believe the Magistrate will also fine the offending officer.

Citicop
10-12-10, 12:38 PM
*sigh*

In some departments, there are strict uniform requirements that specify that an officer must wear his hat anytime he is out of his vehicle. Officers can get in trouble with their bosses (in these departments) if they are not wearing their hats and they get caught.

Over time, people found this out, and started the rumor that anything an officer did without his hat did not count; this is not true.

If the officer's department requires him to wear his hat at all times, then he could get in trouble with his boss if you tell the department, but it will have no effect at all on your ticket in court.

-Citicop.

mcsap
10-12-10, 01:28 PM
I LEARNED my lesson the first time the judge tossed a ticket of mine simply because I didn't have the " department mandated headgear properly attached to my head".

I didn't make that mistake a second time.

fatboyjim154
10-12-10, 02:27 PM
Is the judge required to wear his wig? I always get confused about that part.Only if it is a merkin!

manahmanah
10-12-10, 03:42 PM
Cops that don't wear their hats give the rest of us a bad name.

Creeker
10-13-10, 11:37 PM
...and don't forget the whistle of Authority...

We really need to stop feeding the monkeys. This is how the bg's know about body armour.

Fury
10-14-10, 11:35 AM
Why do you think he didn't walk up to your window so you could see him clearly? It is probably because he forgot his hat and was trying to keep you from seeing it. If you look back into the law books, it is actually a violation of your fourth amendment rights. Taken from a recent ruling: "A Police Officer cannot unlawfully detain any person or persons of their liberty without first properly assuring that person knows, beyond a reasonable doubt, that they are being detained by a Police Officer. A Police Officer's identity is validated by the uniform they wear, specifically, their hat, which has a secondary badge on the front. Without this, a violator has no way of knowing if the Officer is a certified Police Officer, or a training cadet. Thus, all Police Officers shall, at all times, wear a hat which clearly identifies them as an Officer prior to issuing a citation or making a legal arrest." F.R.C. ~2135.315

Fury
10-14-10, 11:40 AM
...and don't forget the whistle of Authority...

We really need to stop feeding the monkeys. This is how the bg's know about body armour.

Yes...I did forget to mention the whistle. Actually, anjel (Angel is spelled with a g, by the way) I would suggest, if you are ever stopped in the future, make sure the Officer knows you know about that Arizona Hat Docterine, and that he cannot write you a ticket without his hat on. Also ask him about his whistle, because, although I can't find the section right now, it is required as well. More than likely he or she will quickly realize they have made a mistake, and send you on your way. It's happened to me more times than I can count.

Laww
10-14-10, 02:09 PM
My agency does in fact require us to wear our stetsons, or "hat" as you so quaintly put it, at all times when in uniform to identify ourselves as "State Troopers." Where the whole ticket will be dismissed if we don't have them on is beyond me. If it is extremely windy or if we are making a rapid exit from our vehicle to chase a suspect or some other extreme measure then that is obviously overlooked. The "hat" is certainly not a prerequisite to you receiving a valid citation for breaking the law. I am a state trooper 24/7 and can stop you and write you just as valid a citation in my civilian attire. So will I put on my stetson with a polo shirt and jeans? Hardly, but you can bet you will still be required to stand in court on my citation, or there will be a documented FTA on your record and you just might see me again at 0230 in the morning knocking on your door with your bench warrant in my hands and a smile on my face...

As far as addressing your concern about him standing where "you can't see his face", it is just good tactical positioning on his part, he doesn't know you or what you are capable of anymore than you know him. The difference is he left that traffic stop in that moment and you keep re-living it.

retdetsgt
10-14-10, 05:11 PM
The greatest day in the history of my dept was around 1977 when the chief made hats optional. We had Sgts who's only purpose on earth was to sneak around and try to catch cops not wearing them up until then. Afterwards, all they had to do was drink coffee, I guess.

In 1974, we had a huge battle between cops and outlaw bikers at a bar here. At least 30 cops were there fighting and arresting members of two different clubs that had been partying together. I came out of the place covered in blood (not mine thankfully) with a biker in cuffs and a Lt was standing outside by the door. Instead of asking if everyone was alright, do you need more help, he asked me where my hat was.:rolleyes5:

My answer is buried in a letter in my personnel file somewhere.

Laww
10-14-10, 05:46 PM
My answer is buried in a letter in my personnel file somewhere.

ROFLMAO!!! That was priceless! That made my whole day! Thanks!!

Nole795
10-14-10, 07:27 PM
I once pulled a guy over for speeding and when he got out he started singing the national anthem. Without thinking, I took off my hat in a sign of respect as he sang our beloved song. When he finished, he pointed out that I was not wearing my hat. I had to let him go.

Now, every time I stop someone, I put on my IPOD and turn the ABBA music really high so I cant hear the driver.

Whose the smart guy now...

Chef_Au
10-15-10, 04:35 AM
I have heard if an office pulls you he/she has to have hat while giving you ticket

Just how does my office
a: pull me (soo many wrong things to say)
b: how does my office wear a hat while writing tickets

If only I could work out how my office mastered the art of writing.....

I was once chastised by a magistrate for no pants, but never no hat. There is a strict rule here though, no hat = no laws. Thank god, we are not a lawless, hatless society. Anarchy would reign....

DCF
10-15-10, 10:01 AM
Only if it is a merkin!

chuckle, chuckle

Blackgoat06
10-15-10, 05:22 PM
I was once chastised by a magistrate for no pants, but never no hat.

If I had a dime for everytime that happened...

tcop733
10-15-10, 05:54 PM
RDS, I actually worked for a county agency in the 90's as a traffic enforcement deputy. We had to wear our cowboy hats every time we made a traffic stop or worked an accident. When I first started we only had one Sgt. for the whole patrol and traffic divisions. This BOZO actually followed us around from a distance. He would park a quarter mile away and watch our every move just waiting for us not to wear our hats. I seriously think the guy received some form of sexual gratification if he could get on the radio and ask if your head was getting cold.

retdetsgt
10-15-10, 06:09 PM
I seriously think the guy received some form of sexual gratification if he could get on the radio and ask if your head was getting cold.

We had a couple exactly like that. Of course both went right up in rank. One retired as an asst/chief. It was funny, he got a job as chief of Missoula, MT and lasted about 2 months. His chicken**** attitude created such a rebellion in the dept. that the city fired him immediately. When he dies, they'll be maybe three cops, if that at his funeral.

The other guy retired as a captain. Just before he retired, the house he was building burned down before it was completed enough to get insurance on it. They put an envelope in detectives where we had about 100+ people working to take up a collection for him. After a week, the envelope had about a buck and a half in it.

Creeker
10-17-10, 05:12 AM
Back in the early 90's, we had a local City Agency mandate that if a Cop got sent to a Domestic, he was required to put on his issued riot helmet before arriving at the call.

It didn't last long.