Police Watch - San Diego

Type of Complaint: Officer did not like my motorcycle safety helmet

Complaint Status (Admin) : Filed 11-08-2006
Complaint Status (User) :Filed

San Diego Police Department
1401 Broadway

Fax:619 233-4204
Phone:

Complainant:
Full Legal Name :XXXXXXXXXXXXX
Sex:Male
Age:47
Residence Address :XXXXXXXXXXXXX
City, State, Zip Code :San Diego, CA 92117
Residence Phone :XXXXXXXXXXXXX
Cell/Pager :XXXXXXXXXXXXX
Bus. Phone :XXXXXXXXXXXXX

Facts:
Date & Time of Occurence:08-19-2006 13:20
Location of Occurrence :Clairemont Dr. and Clairemont Mesa Blvd.
Employee #1 Involved :Herrera
ID # :5662
Employee #2 Involved :Simpson
ID # :5707
Witness #1:XXXXXXXXXXXXX
Residence Address & Street Number :XXXXXXXXXXXXX
City, State, Zip Code :XXXXXXXXXXXXX
Residence Phone :XXXXXXXXXXXXX
Cell/Pager :XXXXXXXXXXXXX
Witness #2:XXXXXXXXXXXXX
Residence Address & Street Number :XXXXXXXXXXXXX
City, State, Zip Code :XXXXXXXXXXXXX
Residence Phone :XXXXXXXXXXXXX
Cell/Pager :XXXXXXXXXXXXX

Narrative:
On August 19th 2006 I was issued a notice to appear (Y344469) for wearing a motorcycle safety helmet that the above listed SDPD Officers did not like. This notice to appear was issued without cause due to prejudice or ignorance. It is in violation of my constitutional rights, SDPD order 95-48, settlement terms of a lawsuit titled ABATE of California vs. Jerry Sanders (case #95-1780K), and of a permanent federal injunction issued May 25, 1995 (case No. 93-0807-J CM U.S. District Court, Southern District of California.

There is no legal requirement that any motorcycle safety helmet be approved by Snell and the Department of Transportation does not approve motorcycle safety helmets. There is no legal basis for issuance of this citation and all San Diego motorcyclists are at risk of being stopped, arrested and cited.

Either the offending officers need to be disciplined or discharged, or the SDPD needs to properly train their officers immediately.

For additional background information please review the following document:

http://usff.com/print/05Order%20After%20Hearing.pdf