A question for the LEO / firefighter types
Does a fire marshall have the authority to detain a person for a parking violation?
My wife stopped at a local store and was in the store for less than 2 minuets, when she comes out, the city fire marshall asks her if it was her truck, she said yes, he told her to stay there, not to get in her truck, and radioed for a LEO to come cite her for parking in a fire lane.
Maybe she deserved the ticket, but if the fire marshal could not cite her himself, would he have the authority to detain her for the LEO?
Don
My wife stopped at a local store and was in the store for less than 2 minuets, when she comes out, the city fire marshall asks her if it was her truck, she said yes, he told her to stay there, not to get in her truck, and radioed for a LEO to come cite her for parking in a fire lane.
Maybe she deserved the ticket, but if the fire marshal could not cite her himself, would he have the authority to detain her for the LEO?
Don
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No. I'd a left. If he couldn't ticket me, No way would he restrain me. 0 -
I dont think he would have the authority to detain her, at least not in Va. However the LEO could summons her on his behalf for parking in the Fire Zone. But no he has no authority to arrest. In this case he actually made a false arrest holding her until a LEO arrived. Different States have different laws, but Ive never heard of a fire marshall having the ability to detain someone. HTH 0 -
Technically speaking, this Fire Marshal might've actually been an LEO. In Texas, all fire department arson investigators are required to hold a peace officer license and have the same powers to arrest/detain as any other.
One way or another, unless he's an elected official you always have the option of calling his boss and suggesting that he either start carrying his own ticket book or cease detaining people over parking violations.0 -
quote:Originally posted by Txs
Technically speaking, this Fire Marshal might've actually been an LEO. In Texas, all fire department arson investigators are required to hold a peace officer license and have the same powers to arrest/detain as any other.
One way or another, unless he's an elected official you always have the option of calling his boss and suggesting that he either start carrying his own ticket book or cease detaining people over parking violations.
I have looked at the city ordinances, I believe the fire marshall is a appointee. My wife said he was quite the prick, she asked if she could sit in the truck, and he told he no, she might have a GUN in there.
I contact the city manager yesterday, asking for the city attorney's contact information.
Don0 -
park legaly and stay away from firemen out to save the world 0 -
Here in Ga... he has the right. A fire marshall has to be be a certified FF and ANY certified FF has the right to detain and have ticked anyone parked in a fire lane among other things. Are you seriously defending your wife for breaking the law? Maybe she should consider obeying the law. 0 -
quote:Originally posted by gagirl
Here in Ga... he has the right. A fire marshall has to be be a certified FF and ANY certified FF has the right to detain and have ticked anyone parked in a fire lane among other things. Are you seriously defending your wife for breaking the law? Maybe she should consider obeying the law.
If you read my post, I am not defending her for the ticket, my wife has some back problems, he made her stand out side, because "she might have a gun in the truck". and if he was afraid of a well dressed 40+ yo woman driving a new truck pulling a gun on him over a parking violation, perhaps he should not be detaining them.
Don0 -
She deserves a ticket for parking in the fire lane.
The Fire Marshal is doing his job to help keep the fire lanes open for FIRE TRUCKS in case the store CAUGHT FIRE.0 -
Besides being a fire marshal, might this be considered a citizens arrest, she is obstructing life and property saving area 0 -
quote:Originally posted by allen griggs
She deserves a ticket for parking in the fire lane.
The Fire Marshal is doing his job to help keep the fire lanes open for FIRE TRUCKS in case the store CAUGHT FIRE.
Then he should have had her move the truck out of the fire lane, not keep blocking it.0 -
quote:Originally posted by yawarakai
quote:Originally posted by allen griggs
She deserves a ticket for parking in the fire lane.
The Fire Marshal is doing his job to help keep the fire lanes open for FIRE TRUCKS in case the store CAUGHT FIRE.
Then he should have had her move the truck out of the fire lane, not keep blocking it.
X ring, if keeping the lane clear was his motive.0 -
quote:Originally posted by dongizmo
quote:Originally posted by yawarakai
quote:Originally posted by allen griggs
She deserves a ticket for parking in the fire lane.
The Fire Marshal is doing his job to help keep the fire lanes open for FIRE TRUCKS in case the store CAUGHT FIRE.
Then he should have had her move the truck out of the fire lane, not keep blocking it.
X ring, if keeping the lane clear was his motive.
While standing there he could have had her move her vehicle at any time. He motive was to teach her NOT TO BREAK THE LAW! Talked to David, my hubby who is the Fire Chief and is a Fire Marshall too, he said they have actually pushed a truck out of the way with the fire truck. Did over 2k of damage to truck and the person was sued for the damage to the fire truck and had to pay for it. Count your blessings and tell your wife not to break the law again. I guess you/she thinks its ok to park in a handicap parking space too?0 -
quote:Originally posted by gagirl
quote:Originally posted by dongizmo
quote:Originally posted by yawarakai
quote:Originally posted by allen griggs
She deserves a ticket for parking in the fire lane.
The Fire Marshal is doing his job to help keep the fire lanes open for FIRE TRUCKS in case the store CAUGHT FIRE.
Then he should have had her move the truck out of the fire lane, not keep blocking it.
X ring, if keeping the lane clear was his motive.
While standing there he could have had her move her vehicle at any time. He motive was to teach her NOT TO BREAK THE LAW! Talked to David, my hubby who is the Fire Chief and is a Fire Marshall too, he said they have actually pushed a truck out of the way with the fire truck. Did over 2k of damage to truck and the person was sued for the damage to the fire truck and had to pay for it. Count your blessings and tell your wife not to break the law again. I guess you/she thinks its ok to park in a handicap parking space too?
What part of my question did you not understand?0 -
he is there...... she is there.... if a fire truck needed to get in there he could have had her move it at that time. 0 -
quote:Originally posted by dongizmo
quote:Originally posted by gagirl
Here in Ga... he has the right. A fire marshall has to be be a certified FF and ANY certified FF has the right to detain and have ticked anyone parked in a fire lane among other things. Are you seriously defending your wife for breaking the law? Maybe she should consider obeying the law.
If you read my post, I am not defending her for the ticket, my wife has some back problems, he made her stand out side, because "she might have a gun in the truck". and if he was afraid of a well dressed 40+ yo woman driving a new truck pulling a gun on him over a parking violation, perhaps he should not be detaining them.
Don
most cops, at least the ones in my area, ask ther person to get out of their vehicle and then dont allow them to get back in it until the issue is resolved. Better to treat everyone the same way and be safe. Again she had already broken the law... he had every right to think she would in other ways too.0 -
I went to a fire on a narrow street where a car was blocking a fire truck from getting to the fire. The woman owner actually got angry that I gave her a ticket for blocking the fire lane.
We were getting ready to tip her car over onto its side on the sidewalk when she came out of her house.
Around here, if your wife had just got in her veh and drove away, nothing would have happened.0 -
quote:Originally posted by gagirl
I guess you/she thinks its ok to park in a handicap parking space too?
i think it's perfectly fine to park in handicap spaces but it's a subject of a whole different discussion.0 -
quote:Originally posted by gagirl
quote:Originally posted by dongizmo
quote:Originally posted by gagirl
Here in Ga... he has the right. A fire marshall has to be be a certified FF and ANY certified FF has the right to detain and have ticked anyone parked in a fire lane among other things. Are you seriously defending your wife for breaking the law? Maybe she should consider obeying the law.
If you read my post, I am not defending her for the ticket, my wife has some back problems, he made her stand out side, because "she might have a gun in the truck". and if he was afraid of a well dressed 40+ yo woman driving a new truck pulling a gun on him over a parking violation, perhaps he should not be detaining them.
Don
most cops, at least the ones in my area, ask ther person to get out of their vehicle and then dont allow them to get back in it until the issue is resolved. Better to treat everyone the same way and be safe. Again she had already broken the law... he had every right to think she would in other ways too.
Again you have missed the question, this was NOT a LEO who detained her, And it was a PARKING violation, nothing more. (funny, whenever I have been pulled over by a leo, I was told to stay IN my car?)
And again, this was NOT a emergency situation.
Don0 -
quote:Originally posted by dongizmo
quote:Originally posted by gagirl
quote:Originally posted by dongizmo
quote:Originally posted by gagirl
Here in Ga... he has the right. A fire marshall has to be be a certified FF and ANY certified FF has the right to detain and have ticked anyone parked in a fire lane among other things. Are you seriously defending your wife for breaking the law? Maybe she should consider obeying the law.
If you read my post, I am not defending her for the ticket, my wife has some back problems, he made her stand out side, because "she might have a gun in the truck". and if he was afraid of a well dressed 40+ yo woman driving a new truck pulling a gun on him over a parking violation, perhaps he should not be detaining them.
Don
most cops, at least the ones in my area, ask ther person to get out of their vehicle and then dont allow them to get back in it until the issue is resolved. Better to treat everyone the same way and be safe. Again she had already broken the law... he had every right to think she would in other ways too.
Again you have missed the question, this was NOT a LEO who detained her, And it was a PARKING violation, nothing more. (funny, whenever I have been pulled over by a leo, I was told to stay IN my car?)
And again, this was NOT a emergency situation.
Don
so exactly what was your question then? Did he have the right to tell her she could not get back in the car? Yup sure did. He could see her where she was... why allow her to get into an area where he could not watch the person who had already broken the law? The parking violation was in a FIRE LANE... where he and any other FF has jurisdiction.0 -
quote:
so exactly what was your question then? Did he have the right to tell her she could not get back in the car? Yup sure did. He could see her where she was... why allow her to get into an area where he could not watch the person who had already broken the law? The parking violation was in a FIRE LANE... where he and any other FF has jurisdiction.
So then any FF has arrest powers? the same as a certified LEO?
Don0 -
They do have a right to detain a person if they are interfering with anything fire department related.
quote:Originally posted by dongizmo
quote:
so exactly what was your question then? Did he have the right to tell her she could not get back in the car? Yup sure did. He could see her where she was... why allow her to get into an area where he could not watch the person who had already broken the law? The parking violation was in a FIRE LANE... where he and any other FF has jurisdiction.
So then any FF has arrest powers? the same as a certified LEO?
Don0 -
quote:Originally posted by gagirl
They do have a right to detain a person if they are interfering with anything fire department related.
quote:Originally posted by dongizmo
quote:
so exactly what was your question then? Did he have the right to tell her she could not get back in the car? Yup sure did. He could see her where she was... why allow her to get into an area where he could not watch the person who had already broken the law? The parking violation was in a FIRE LANE... where he and any other FF has jurisdiction.
So then any FF has arrest powers? the same as a certified LEO?
Don
Well they don't have a gun so they ain't enforcing anything on me. BTW I'm a volunteer FF.0 -
Some Fire Marshall's do have arrest powers and can and do carry firearms.
It all depends on how the city/Fire Department has them set up.
Since he was wanting her to stay there he may have thought that if she got in the vehicle she would leave. Or the weapon thing would be a fine reason for me. Looks can be deceiving and you never know who may decide to kill you, why or when. I say it's better to be safe and go home at the end of the shift.
Depending on how much attitude each had depends on what kind of leeway they each get.0 -
quote:Originally posted by Smokeeater 38
Looks can be deceiving and you never know who may decide to kill you, why or when. I say it's better to be safe and go home at the end of the shift.
yup, and it's a right most of citizens are deprived of.0 -
Sounds like the fire guy had a chip on his shoulder and was only looking to prove a point by being a dick. Your wife was wrong for her parking. 0 -
quote:Originally posted by dongizmo
Does a fire marshall have the authority to detain a person for a parking violation?
My wife stopped at a local store and was in the store for less than 2 minuets, when she comes out, the city fire marshall asks her if it was her truck, she said yes, he told her to stay there, not to get in her truck, and radioed for a LEO to come cite her for parking in a fire lane.
Maybe she deserved the ticket, but if the fire marshal could not cite her himself, would he have the authority to detain her for the LEO?
Don
I'm sure some areas may be different, but in Virginia, Fire Marshals, and their Deputies ARE LEO's. They go through the same academy training, as well as the one for fire fighters. More than likely he did have the authority to issue her a citation, and I would guess that if he had called one of the local cops to write it, it was because he didn't have a ticket book with him.0 -
quote:Originally posted by Kodiakk
Sounds like the fire guy had a chip on his shoulder and was only looking to prove a point by being a dick. Your wife was wrong for her parking.
I can agree with that.
Don0 -
quote:Originally posted by dongizmo
quote:Originally posted by Kodiakk
Sounds like the fire guy had a chip on his shoulder and was only looking to prove a point by being a dick. Your wife was wrong for her parking.
I can agree with that.
Don
Agree, of all these posts, Kodiakk said it best.0 -
no 0
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