Police Misconduct

[Kenmar]

A friend of my daughter's parked his car on the side of the road near our house. I walked to his car later to retrieve his CD case for him. His car's passenger side tires were in the grass so as not to block the road way. When it was time for him to leave, his car would not start, so a friend picked him up so he would have somewhere to stay that night.

When he returned the next morning, his car was gone. I called the Duquesne Mo., police depatment to see if they knew what had happened to his car. The woman who answered the phone said the chief of police had it towed because it was obstructing traffic. I told her that was not true, that cars were easily able to pass by even as I tried to jump start his vehicle with battery cables. At one time even a half-ton diesel pickup easily drove by.

It cost me $180.00 to get his car from impound, since my daughter's friend is homeless. His car was his home, so I had no choice but to use my own money so he would be able to have somewhere to sleep.

The guy who towed his vehicle away also said his car was not obstructing traffic but he had to tow it since the police department requested it. There are no signs posted anywhere along the street saying vehicles were not allowed to park there, nor was he given a warning so he could have had the chance to move it himself. It was obvious the car belonged to someone young from the bumper stickers and with little money from the dents. I believe the Duquesne police department just had it towed because they could, even though it was clearly not blocking traffic. They just didn't like the looks of his car, or the fact it was parked in that neighborhood.

A simple note from an offended neighbor or an official warning from the police would have been the ethical thing to do, but instead it was decided to just tow it away without even considering the hardship it would cost the owner.

Not only was my daughter's friend a victim of the economy when he lost his job, eventually forcing him to live in his car, he is now once again a victim. What makes this victimization worse is the fact it could have been avoided if people were more interested in solving a situation ethically rather than spitefully.

I have contacted a lawyer for police misconduct.

[In the neighborhood]

It sounds like someone needs to grow up and find something to do with their time, like get a job. I live in the neighborhood where this vehicle was left, multiple times not just once when it, "broke down." The vehicle was not parked in your yard or your driveway. Why is this, lets think about it for a minute.

Is it because you did not want it in your driveway because of the bmper stickers or because it looks bad? Remember this is not the only time it was left parked half on the road and half in someone elses yard.

Also, the police department is only going to be contacted by so many residence before they tow the vehicle sitting half in the road and half on someone elses property.

You are someone that probably received a ticket from the police department and think they abuse there power because they wrote you a ticket for something you did to break the law. Get over it!

I can imagine you thought you would get Duquesne Police haters on here and you might get some but it is simple, don't break the law, don't park in other people's yards and don't park in the streets and you won't have to deal with them.

In closing let me say if you don't like it here and you hate our police department in Duquesne then move. Kinda a simple fix huh? Keep up the good work for the citizens of Duquesne boys your doing a wonderful job.

[kenmar]

testing

In the neighborhood wrote:

It sounds like someone needs to grow up and find something to do with their time, like get a job. I live in the neighborhood where this vehicle was left, multiple times not just once when it, "broke down." The vehicle was not parked in your yard or your driveway. Why is this, lets think about it for a minute.
Is it because you did not want it in your driveway because of the bmper stickers or because it looks bad? Remember this is not the only time it was left parked half on the road and half in someone elses yard.
Also, the police department is only going to be contacted by so many residence before they tow the vehicle sitting half in the road and half on someone elses property.
You are someone that probably received a ticket from the police department and think they abuse there power because they wrote you a ticket for something you did to break the law. Get over it!
I can imagine you thought you would get Duquesne Police haters on here and you might get some but it is simple, don't break the law, don't park in other people's yards and don't park in the streets and you won't have to deal with them.
In closing let me say if you don't like it here and you hate our police department in Duquesne then move. Kinda a simple fix huh? Keep up the good work for the citizens of Duquesne boys your doing a wonderful job.

[kenmar]

Wow! Sound like someone needs to growup and learn how to play nice. You know what they say about people who go around assuming things all the time, don't you?
Look, when my MS goes away, I'll get that job you seem so desperate for me to have. Since you're so worried about me getting a job, maybe we could work out a deal. You can come to work with me and if I look like I'm titlting to one side too much, you can either catch me or throw something soft on the floor to break my fall. I sure would appreciate it! Oh, I almost forget, we would also need to check with my oncologist too before I go to work.
Okay, next assumption please. You alluded to the fact I didn't want his car in my driveway. His car is ALWAYS in my driveway. How the heck do you think I get to all my doctor appointments? Yes, not only is his car parked right in my driveway, but, gasp, I ride in it.
Next assumption. I have never recieved a ticket from the police department. Not everyone does something out of spite. Hmmm, spite, kind of like what you.....oh never mind, you know where I'm going with that one. Oh, did I thank you yet for proving my point? Your post said his car was parked halfway in the grass and halfway in the road. It couldn't have been parked in the middle of the road obstructing traffic like I was told by the police department. And that was the crux of my complaint. Nothing more, nothing less.
I never said I didn't like it here (again with the assumptions). What I don't like is misconduct under the guise of official business. Your reply helped me prove that. Hopefully you'll never be on the receiving end, here or elsewhere.
And last but not least, I'm not the one who seems like a "hater". Stop assuming things about me and my family you know nothing about. It's a bad habit to get into about people. It'll stunt your growth. Your intelluctual growth as a person.

[lindalocke]

Look, I saw the car in question. It was definately not parked in the road obstructing traffic. I can see Kenmar's frustration. The DPD shouldn't say the car was in the road blocking traffic, when it wasn't. And "in the neighborhood", you said "the police department can only be contacted so many times before they tow a vehicle". Under ethical police standard protocal, if the police department had been contacted more than once already about this vehicle, a warning is supposed to be left by the police department on the driver's car to let them know they are in violation, thus avoiding this whole situation. Of couse that still leaves the question about them saying the car was in the middle of the road when it wasn't. So...no warning and the car parked in the middle of the road thing kinda makes ya wonder. So "in the neighborhood", maybe a little friendly note from someone in the neighborhhod could have prevented this whole fiasco. But I wouldn't want to assume anything.

kenmar wrote:

Wow! Sound like someone needs to growup and learn how to play nice. You know what they say about people who go around assuming things all the time, don't you?
Look, when my MS goes away, I'll get that job you seem so desperate for me to have. Since you're so worried about me getting a job, maybe we could work out a deal. You can come to work with me and if I look like I'm titlting to one side too much, you can either catch me or throw something soft on the floor to break my fall. I sure would appreciate it! Oh, I almost forget, we would also need to check with my oncologist too before I go to work.
Okay, next assumption please. You alluded to the fact I didn't want his car in my driveway. His car is ALWAYS in my driveway. How the heck do you think I get to all my doctor appointments? Yes, not only is his car parked right in my driveway, but, gasp, I ride in it.
Next assumption. I have never recieved a ticket from the police department. Not everyone does something out of spite. Hmmm, spite, kind of like what you.....oh never mind, you know where I'm going with that one. Oh, did I thank you yet for proving my point? Your post said his car was parked halfway in the grass and halfway in the road. It couldn't have been parked in the middle of the road obstructing traffic like I was told by the police department. And that was the crux of my complaint. Nothing more, nothing less.
I never said I didn't like it here (again with the assumptions). What I don't like is misconduct under the guise of official business. Your reply helped me prove that. Hopefully you'll never be on the receiving end, here or elsewhere.
And last but not least, I'm not the one who seems like a "hater". Stop assuming things about me and my family you know nothing about. It's a bad habit to get into about people. It'll stunt your growth. Your intelluctual growth as a person.

[Karma2u]

"In the neighborhood" said "don't do this or don't do that.....and you won't have to deal with them" (the Duquesne Police Department). Your choice of words is interesting. If we all mind our manners and don't whine about a little misconduct here and there, then we won't have to "deal" with them. Well "in the neighborhood", if that's how you like to roll, that's your right. But we have rights too, it's called freedom of speech. And if I, or Kenmar choose to exercise that right when an obvious form of misconduct has occurred, even a small one like this, then I'll just have to risk getting a scolding from people like you,'cause you have the same right too. Isn't that cool?! I wonder how that ever got started! Oh yeah, people sticking up for injustice!

In the neighborhood wrote:

It sounds like someone needs to grow up and find something to do with their time, like get a job. I live in the neighborhood where this vehicle was left, multiple times not just once when it, "broke down." The vehicle was not parked in your yard or your driveway. Why is this, lets think about it for a minute.
Is it because you did not want it in your driveway because of the bmper stickers or because it looks bad? Remember this is not the only time it was left parked half on the road and half in someone elses yard.
Also, the police department is only going to be contacted by so many residence before they tow the vehicle sitting half in the road and half on someone elses property.
You are someone that probably received a ticket from the police department and think they abuse there power because they wrote you a ticket for something you did to break the law. Get over it!
I can imagine you thought you would get Duquesne Police haters on here and you might get some but it is simple, don't break the law, don't park in other people's yards and don't park in the streets and you won't have to deal with them.
In closing let me say if you don't like it here and you hate our police department in Duquesne then move. Kinda a simple fix huh? Keep up the good work for the citizens of Duquesne boys your doing a wonderful job.

[nighthowl]

So "in the neighborhood", do you think if "kenmar" had a job his/her perspective might have been different. Or is that just your way of giving someone crap because their opinion was different than yours? I don't have a job either, so I guess my opinion is useless according to your way of thinking. I read through the Topix policy and I didn't see a disclaimer about not being able to post if you don't have a job or a reference saying "*posts by persons that do not have a job are deemed unimportant". That's a good thing because there are a lot of people without jobs right now. Don't be a hater.

[jana]

I don't live in Duquesne but I think it's a nice little area. But it doesn't matter how big or small a town is, a little misconduct, however small, is worthy of attention. It worked to your advantage "in the neighborhood" this time. Wait a minute, I was assuming the car in question was parked (partially) in your yard. I don't want to make any assumptions, so let me rephrase...."it worked to someone's advantage this time".

If it were me, I'd rather win a battle fairly, but some people just want to win, no matter how.

It does take a certain amount of guts for someone, like kenmar or linda, to challenge that type of "win", especially in a town this size.

[OMG]

I just finished reading all the comments and was flabbergasted by "in the neighborhood's" comment on so many levels. What does not having a job do with posting a comment? Why would "in the neighborhood" think only police haters would respond to Kenmar's post? And I'm not even going to address all the assumptions "in the neighborhood" made, I think kenmar did an excellent job on that one.

A person doesn't have to be employed to be motivated to speak out about something. Also, I'm not a police hater, yet here I am. I don't think kenmar is a police hater either, she pointed out an obvious form of misconduct, yet "in the neighborhhod" chose to ignore that fact and instead chose to rant on about all kinds of things she/he knew nothing about. Who's the real hater here "in the neighborhood".

[KraZE]

After reading all the comments and getting the jest of what happened, I thought I would provide those that are interested with a little bit of information regarding where to make an official complaint with any local PD. www.policecomplaint.com

And for those of you, or rather, the one of you *in the neighborhood, you might find this site useful: www.getaclue.com

Good Luck!!

[ICU2ITN]

Thanks for the info!

KraZE wrote:

After reading all the comments and getting the jest of what happened, I thought I would provide those that are interested with a little bit of information regarding where to make an official complaint with any local PD. www.policecomplaint.com
And for those of you, or rather, the one of you *in the neighborhood, you might find this site useful: www.getaclue.com
Good Luck!!

[Kenmar]

Thanks for everyone's support, especially Nighthowl and Linda for helping me recoup part of the impound fee. I had a recent MS relapse so their help was greatly appreciated. And thanks also for bringing all the great fireworks over for the party. I think everyone had a great time, especially KraZe, I see how he got his name!! Thanks again,
Kenmar

[Nighthowl]

You're welcome Kenmar!

Let's have a block party sometime, w/o ITN. See ya this weekend!

[Live in Duquesne]

You know I have read most of the comments here and there are good points in most of them including in the neighborhoods. As far as going around assuming things there is alot of that going around in these comments. Everyone is assuming the police department is saying the vehicle was in the road. I have not heard on Duquesne Police Officer make a comment or anyone mention talking to a Duquesne Officer. Kenmar you asked city hall not the officer that towed the car. Next time talk to the Chief or Mayor about it instead of assuming or talking to someone that has nothing to do with the police department, like city hall.

OMG, as far as your comment about not having a job, what does Kenmar's comments about having MS have anything to do with police misconduct. I fell sorry for anyone that has that terrible disease and would never want to be in her shoes but it has nothing to do with the subject at hand other than to get simpathy from people. I believe the comment about not having a job was pointed toward the subject living in his car and Kenmar paying for his tow. He should have payed for it not her so that is her fault. Evryone is have a hard time with the economy but you till have to work and there is jobs just not the one he wants.

Jana it would all be fine if there was police misconduct but there was not. The fact is the vehicle was parked partially in a yard and the home owner complained. Tow laws make it legal and not misconduct if it is on private property. A town this size has nothing to do with it. It's state law not Duquesne law.

Nightowl, you don't be a hater. Everything in this is about how bad the police department is but nothing about the person that was complaining about the car. Not having a job has nothing to do with it other than he should have payed his own tow bill and parked the car in his friends driveway. It was parked multiple times in front of the persons house so next time just park in the right driveway or yard.

Kenmar I hate to hear about your health problems I would not wish that on anyone. Next time just have your friend park in your driveway or yard and all this can be avoided. If it breaks down get some friends and have thrm push it into your driveway it sounds like you have plenty.

[Kenmar]

I appreciate your feed back. BUT, I did speak to the police department that morning. I called the non-emergency phone number for the police department. I wouldn't call City Hall, so if someone is saying I did, then....Anyway, I explained what I was calling about. The person on the phone was very aware of the situation and told me the car was towed because it was obstructing traffic. I then asked, who said it was obstructing traffic. They answered, "The Chief of Police." Hopefully these phone calls are recorded, because that IS THE WAY IT HAPPENED. So, if the non-emergency number for the POLICE department actually goes to someone at City Hall, then that's a snag at their end. And to address the other portion of that, I DID ask to speak to the person who had the car towed away, I even gave them my cell phone number, but guess what? Nobody ever bothered to call me back.

Now next comment: There is no way you can convince me that *in the neighborhood's "job" comment didn't mean me. She made that comment in the first sentence and used the word "your" in the same paragraph. If she were talking about two different people she would have broke it down differently. So nice try, but I'm not the only one who thinks she meant me and still does.

Next: Actually, a town this size has A LOT to do with it. I called the Joplin police department and was told the JPD does not tow a car away until 48 hours after they (the JPD) put a tow warning sticker on the vechicle, even if it's partially parked in someone's yard on the side of the road. The car has to be as off the street as much as possible, yet not completely in someone's yard. I also called the Webb City police department and was told a person is given 48 hours to move their car after a warning sticker has been placed on the vehicle. So, I'm not sure who told you it was a state law, but for arguments sake, let's say it is. Since the JPD and WCPD each said the 48 hour window was in their city's ordinance's, then apparently each town does have the right to make their own ordinance's regarding this issue. So, apparently, a town this size does have something to do with it. They could adapt an ordinance like JPD or WCPD if they wanted to, there is no state law stopping them.

Next: My daughter's friend is trying VERY hard to get a job, so are A LOT of people right now. He has a bad tire on his car. He tries to make it to a certain parking lot where he sleeps every night. If it goes flat, which it has exactly 6 times as he was leaving, he tried to park it in the same place so his friend Carson, could find his car and air it up for him. And I would gladly pay his towing bill again, because that is what people do when someone is down on their luck. He is a good kid and I know he is trying. He donates plasma, mows lawns and does odd jobs. What he doesn't need is someone giving him a harder time than he has already been handed.

Last but not least: It's hard to find people to push a car in the late evening. And pushing it on a bad tire would only further ruin it. Even with my health problems, I would have eagerly pushed his car away from *in the neighborhood's house if I knew they would have it towed.

SO, TO SUM IT ALL UP: The job comment was directed to me and I DID call the police department and requested to speak to the officer that had it towed. There is NO STATE LAW saying Duquesne can't have a 48 hour towing ordinance like other area towns. Nighthowl's comment was legitimate since the job reference was about me and if I have to get out there in my wheelchair or on crutches to help push his car away from *in the neighborhhod's house, then I will. If it ruins his tire, then so be it. A ruined tire can be fixed. Some things *in the neighborhhod, never can be fixed.

[Kenmar]

I forgot to address one very spiteful comment you made. Since I already established in my previous reply to you that *in the neighborhood's job comment was in reference to me, let me clear the air you have polluted with your nasty remark. The ONLY reason I mentioned my MS was to let nosey *in the neighborhood know why I wasn't working. She said I need to "grow up and get a job." Maybe she'll think twice next time before badgering someone about not having a job. My neighbor's know I don't work, they just don't know why. So if I wanted sympathy I would have told them why. But they don't go around making rude remarks suggesting I get a job. Apparently you caught the assumption bug from *in the neighborhood. Her post was full of them. Like I told her, don't go around assuming things about me and don't ever again make such a malicious remark about me. If anyone needs sympathy, it is people like you and in the neighborhood who have to resort to such tactics to feel vindicated.

[Kenmar]

The following information was gathered on the Missouri Statute for abandoned vehicles.

Law officers and landowners may authorize the towing of vehicles, trailers, and vessels from private property in five circumstances:

(1) a SIGN warning of towing has been placed;
(2) a SERIOUS safety hazard has been created;
(3) 4 days have passed since issuance of a
parking ticket
(4) the vehicle lacks major component parts; or (5) the property is unattended FOR AT LEAST
48 HOURS.

Current state law gives motorists 10 hours on urban HIGHWAYS and 48 hours on RURAL roads.

So, Live in Duquesne, where exactly did you get your information. I read what constituted a "serious safety hazard" and his car did not fall under that condition.

I'm also beginning to wonder where you got your other information. You said I talked to someone at City Hall instead of the police department. Now why would you say that? Did someone from City Hall tell you that? You better just quit making public statements that incriminats you and possibly others.

I know this is a rehash, but for the record, once again: I did talk to the police department, I was told his car was authorized to be towed by the police department, I was told exactly who from the DPD authorized the towing AND I requested that person call me. Would you like me to show you the paperwork from the towing agency stating who authorized the tow? SO DON'T GO AROUND ACTING LIKE YOU KNOW SOMETHING YOU KNOW NOTHING ABOUT.

And before you go around trying to imply that the DPD had nothing to do with it, then that opens up another whole can of worms requiring VERY STRICT guidelines before a citizen can just have a car towed away. THE PERSON HAVING THE VEHICLE TOWED MUST GIVE NOTICE TO THE REGISTERED OWNER, INCLUDING GROUNDS FOR THE REMOVAL. And that's just the beginning, charges can be filed against the homeowner if specific guidelines were not followed, such as paperwork, time frame the vehicle was left there and so on.

So before this gets into a bigger mess than it already is, you better stop giving me even more reasons to file a lawsuit.

[Deputy]

I just wanted to leave a comment. Just so you know the non emergency number you called is at a dispatch center in Carthage and not the police department. All agencies but Joplin in the county go through them, so you did not talk to the police department. Not trying to be mean just wanted to let you know. Duquesne is switching to Joplin Dispatch and uses them for everything but calls for now So when you call in it still goes to county disaptch.

On the Missouri Form 4569 which is the Missouri tow form there is a spot for private property and I will attach the statute for you. If someone calls because any part of a car is sitting on their property they can request it be towed. I am not trying to pick a side or anything just wanted to give you the statute for private property. If you read the last sentence is has the private property section. So its not just Duquesne when there is a car on private property. Joplin and County will tow if there is a complaint for a vehicle on private property. Hope this helps on the tow issue. If you have any questions ask the officers they will talk to you.

Missouri Revised Statutes
Chapter 577
Public Safety Offenses
Section 577.080

August 28, 2008


Abandoning motor vehicle--last owner of record deemed the owner of abandoned motor vehicle, procedures--penalty--civil liability.
577.080. 1. A person commits the crime of abandoning a motor vehicle, vessel, or trailer if he abandons any motor vehicle, vessel, or trailer on the right-of-way of any public road or state highway or on or in any of the waters in this state or on the banks of any stream, or on any land or water owned, operated or leased by the state, any board, department, agency or commission thereof, or any political subdivision thereof or on any land or water owned, operated or leased by the federal government or on any private real property owned by another without his consent.

[Kenmar]

I've learned more about towing laws than I ever thought I'd care to know. Just because there is a code describing a certain crime, doesn't mean one has been committed. While it is true that 577.080 does say abandoning a vehicle is considered a crime, that only applies AFTER the car in question has been officially classified as "abandoned" after specific laws have been legally observed. I will post them again:

Law officers and landowners may authorize the towing of vehicles, trailers, and vessels from private property in five circumstances:

(1) a SIGN warning of towing has been placed;
(2) a SERIOUS safety hazard has been created;
(3) 4 days have passed since issuance of a
parking ticket
(4) the vehicle lacks major component parts; or (5) the property is unattended FOR AT LEAST
48 HOURS.

Otherwise, the car is deemed abandoned and is subject to 577.080. So we are back to square one again. His car was illegally towed because the guidelines for abandonment were not legally observed and no crime, by him, has been committed.

And yes, there is a nice little area on the from you mentioned for towing a car from private property, but once again as I previously mentioned, there are very specific guidelines for that which were also not followed. You can't have it three ways. Either his car was, and quoting from an official capacity "in the road obstructing traffic", or on private property as insinuated from your post or as has been stated by *in the neighborhood "half in the road and half on someone's property". Which is it? Was dispatch lying when they told me the Chief of Police said it was obstructing traffic because it was in the middle of the road? Are you lying by saying it was on private propery? Or is *in the neighborhood just being her nosey misinformed self when she said it was half on the road and half on the grass? Everyone can't be right, try as you might!

Now to address whether I talked to the DPD on the day his vehicle was illegally towed. When a citizen calls the nonemergency number for the Duquesne Police Department, how in the world are they supposed to know they are not actually talking to the Duquesne Police Department? This brings up another question or two. Why was I accused of calling the Duquesne City Hall instead of the DPD, when (supposedly) my call went to a dispatch center in Carthage? Sounds a little odd. Why did *in the neighborhood sound so sure that I called City Hall? She must have been told that by somebody that works in an official capacity. It sounds like a lot of people are a little confused on who I called. And why wasn't my call returned when I left my cell phone number with whoever the heck I called, whether it was the DPD, Duquesne City Hall, a dispatch center in Carthage or the man on the moon?

Why don't we just let the lawyers take it from here on in.

[Kenmar]

State of Missouri Department of Revenue Driver and Vehicle Services Bureau
September 2008
New legislation

An abandoned vehicle (ABV) can be removed at the request of the owner of private property, if a vehicle or unit was abandoned on this property without consent, by contacting any member of law enforcement within his or her jurisdiction. The appropriate law enforcement officer may authorize a towing company to remove the ABV from private property ONLY if:

•Left unattended for more than 48 hours
•After four hours a law enforcement officer determines that the ABV is a SERIOUS hazard to other motorists
•It is a safety hazard or interferes with the use of the private property as determined by a law enforcement officer.

Law enforcement must prove without a doubt that the ABV posed a real and serious safety hazard and/or a real interference of use by property owner.

As sent to me by my lawyer.