Then there is the old lady in Orem that doesn't water her lawn... she wouldn't tell the cop (just doing his job) her name, she gets locked up and now she's gonna sue. What would happen if was receiving a citation and refused to tell them my name... JAIL!!! could I sue, sure but some hoity-toity gal wouldn't take my case as a "victims rights advocate" GAY!
The common link... Utah county :greg:
That is because you are not a sympathetic plaintiff. There is NO WAY Orem will let this go to trial, frivolous or not.
This old lady is a very sympathetic plaintiff, and she will get a new house out of this.
I'm not real sure why the cop needs that woman's name, he's AT HER HOUSE for a zoning violation LOL .
Not saying she's necessarily right, but it could have been handled better all around methinks.
Besides that I'm not all that keen on cops issuing zoning violations anyway.
Legally, the cop was right. If this goes to trial, and the lady/plaintiff has a lapse of reason and waives her right to a jury trial in favor of a bench trial (when the judge hears and decides the case), the lady will lose.
The law (according to the Supreme Court) is that police may make a warrantless arrest for two reasons:
1 The suspect has committed a felony in the presence of the officer, or another person (no need to be an officer)
2 The suspect has committed a misdemeanor
in the presence of the arresting officer
Not watering one's lawn in Orem seems to be a statutorily created misdemeanor.
If the officer asked if this was her home, and if she had watered her lawn recently, and she answered that it was her home, and that she hadn't watered her lawn recently, she will be deemed to have committed a misdemeanor in the presence of the officer and he is justified in arresting her.
That being said, don't be surprised if he is released from his job.
There is simply no reason to arrest an old woman for not watering her lawn (even if you are legally justified).
The officer probably had a power trip and decided to show the lady who was boss. Officers like that are usually more trouble than they are worth.