Dear confused_chassid-ga;
Thank you for allowing me an opportunity to answer your interesting
question. As you may already know we can?t provide legal advice in
this forum so that is not the intent and purpose of my answer. What I
am doing is exactly what you asked for ? I am point you to published
law to support my research.
Please allow me to embellish with capitalization where it is necessary
to draw attention to the pertinent parts of published law. New York
Criminal Procedure Law § 150.20 states, in part:
?A public servant other than a police officer, who is specially
authorized by state law or local law enacted pursuant to the
provisions of the municipal home rule law to issue and serve
appearance tickets with respect to designated offenses other than
class A, B, C or D felonies or violations of section 130.25, 130.40,
205.10, 205.17, 205.19 or 15.56 of the penal law, MAY IN SUCH CASES
ISSUE AND SERVE UPON A PERSON AN APPEARANCE TICKET WHEN HE HAS
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS COMMITTED A CRIME, OR
HAS COMMITTED A PETTY OFFENSE IN HIS PRESENCE.?
NEW YORK ASSEMBLY
http://assembly.state.ny.us/leg/
Now, having said that let me provide you with two scenarios:
1. You observe a parking enforcement officer approaching a vehicle
that is parked at an expired meter. Before the officer arrives and
notices that the meter is expired and that a parking violation exists,
you, out of the goodness of your heart, pop a coin in the meter and in
doing so essentially prohibit the discovery of the meter violation (in
other words, you right a wrong before it is discovered by the only
person in the vicinity with the authority to act upon it). Upon the
arrival of the parking enforcement officer there is no crime, petty
offense or violation, thus the parking enforcement officer walks on.
Now the statute gives the authority to serve a summons to a citizen by
a public servant charged with that responsibility ONLY if that public
servant ?has reasonable cause to believe? or is an actual witness to
the crime in question. Since there is no reasonable belief, nor
visible evidence, according to Criminal Procedure Law § 150.20
mentioned above, no violation exists.
In this scenario then, it would be legal for you to add a coin to an
expired meter without fear of interfering with the lawful duties of
the parking enforcement officer. In fact, the parking enforcement
officer may even be thankful that you had made his or her job a bit
easier.
2. You observe a parking enforcement officer approaching a vehicle
that is parked at an expired meter. The parking enforcement officer
sees the expired meter too and approaches to issue a summons. As the
officer approaches you drop a few coins in the meter. Regardless, the
officer can, at his or her discretion, issue a ticket under the
authority of Criminal Procedure Law § 150.20 because the offense
occurred in his or her presence and they witnessed the parking
offense.
Might the parking enforcement officer simply let it go because you
paid the strangers parking fee? Sure; maybe
Might the parking enforcement officer give you a stern verbal
reprimand for trying to conceal the violation? Probably not, but hey,
this is New York we?re talking about here, so it?s possible.
Is there anything the parking enforcement officer can do about your
anonymous generosity? No, not really. As in scenario #1 he or she
might even appreciate it, when it comes right down to it, but that?s
mere speculation.
Incidentally, it is adds credibility to my research I have been in law
enforcement for more than 20 years myself and I know first hand the
necessity of having to have reasonable belief, probable cause and
visible evidence in criminal cases. If an officer doesn?t have them,
according to state statutes he doesn?t have crime - And if he doesn?t
have a crime, he doesn?t have a case. It?s just that simple.
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher
OTHER INFORMATION SOURCES
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