[FedCom] FedCom Digest, Vol 78, Issue 5

[Dave Stewart]

You're missing a couple things:

1. It says "...unless it is part of the duties of that person's
employment to view that scene or activities..." You're a journalist,
and it would be part of the duties of your employment.

2. You'd never find a D.A. who would file charges unless you were
REALLY impeding emergency workers, like parking in a manner where
emergency vehicles couldn't move in and around the scene, trying to
physically hold a firefighter from administering aid to a patient,
distracting an officer from an investigation, etc.  Simply looking at
them would never get filed, just because a cop doesn't like you
looking at them or somehow finds that distracting.  So, if you ever
got arrested and the DA doesn't file charges, the arresting agency now
has a civil rights violation to deal with.

On Thu, Aug 5, 2010 at 12:50 PM,  <terry at tvssr.com> wrote:
> Geez what a screwed up state! I have a reason to go to scenes (press).  However here in the Great State of Texas it's viewed a little differently. I've twice been given an award by the police department for going to the aid of an officer.
>
> Once in an officer down/shots fired I chased the bad guy several miles until officers could intercept. Another was a foot chase in an industrial area where the officer became separated from his partner and his radio failed. I help him get the guy in cuffs (serious physical restraint) and loaned him a radio to direct incoming officers to our location.
>
> There have been many others. In fact I responded to an MVA yesterday as a volunteer firefighter and a civilian motorist stopped and assisted with traffic direction until law enforcement arrived on scene.
>
> I don't like folks that stop in the middle of a freeway to look but making it a crime to wonder down the street if your neighbors house is on fire, give me a break!
>
> Just my off topic rant for the day and since it's off topic I'll let it drop!
>
> Terry
> Sent via BlackBerry by AT&T
>
> -----Original Message-----
> From: "Skip Sanders" <skipsand at san.rr.com>
> Sender: fedcom-bounces at mailman.qth.net
> Date: Thu, 5 Aug 2010 10:31:39
> To: <fedcom at mailman.qth.net>
> Reply-To: Discussion of Federal Government Communications
>        <fedcom at mailman.qth.net>
> Subject: Re: [FedCom] FedCom Digest, Vol 78, Issue 5
>
> 402.  (a) Every person who goes to the scene of an emergency, or
> stops at the scene of an emergency, for the purpose of viewing the
> scene or the activities of police officers, firefighters, emergency
> medical, or other emergency personnel, or military personnel coping
> with the emergency in the course of their duties during the time it
> is necessary for emergency vehicles or those personnel to be at the
> scene of the emergency or to be moving to or from the scene of the
> emergency for the purpose of protecting lives or property, unless it
> is part of the duties of that person's employment to view that scene
> or activities, and thereby impedes police officers, firefighters,
> emergency medical, or other emergency personnel or military
> personnel, in the performance of their duties in coping with the
> emergency, is guilty of a misdemeanor.
>
> Note that 'impedes' is determined by the officer/fireman.  Just being there
> may 'impede' them by providing a distraction, etc.
>
> See also: http://firstaid.about.com/od/medicallegal/a/07_no_good_sam.htm
> for a legal discussion of the 'Good Samaritan Law' in California, where a
> court has ruled that it ONLY applies to MEDICAL care, not rescue.
> ----- Original Message ----- > Message: 1
>> Date: Wed, 4 Aug 2010 19:24:47 -0700
>> From: "KD7JYK DM09" <kd7jyk at earthlink.net>
>> Subject: Re: [FedCom] Troops Deploy to Border Areas
>> To: <lists at lazygranch.com>, "Discussion of Federal Government
>> Communications" <fedcom at mailman.qth.net>
>> Message-ID: <00ed01cb3445$63f13110$0ea3f604 at mainframe>
>> Content-Type: text/plain; charset="Windows-1252"
>>
>> "I'm trying to imagine a scenario in California where we wouldn't be
>> arrested or sued for trying to assist the police in a crime scene. Even
>> showing up to a crime scene due to what goes over the scanner seems
>> shaky."
>>
>> Does california NOT have the "Good Samaritan Law"?
>>
>> Kurt
>
>
>
>
>
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-- 
Dave Stewart
dave.stew at gmail.com