Question: I would like to find out if a vehicle can be towed from parking in townhomes (private property) when the vehicle has plates/registration that is out of date?  I live in a townhome community and we seem to have lots of vehicles popping up in the visitor parking that have dead plates or out-of-date registration. Answer: A vehicle can be towed from any private property at the request of the owner of such property as long the towing company complies with the locality’s ordinances governing such removal. There need not be any articulable reason for a property owner removing a vehicle, as…

Question: What is the law regarding closed containers of alcohol in vehicles? Must the alcohol be placed in the trunk or back seat-- or does it not matter where it's kept, as long as the alcohol is in a closed container? Answer: As long as the person in possession of the alcohol is of legal age, a closed container of alcohol may be anywhere inside a vehicle to be transported. There are no restrictions.

Question: A couple of weeks ago, I was stopped by an officer for having a stoplight out.  The officer asked for my license (understandable as I was the driver) and then asked for my wife’s ID. I am wondering why he would ask to see a passenger’s ID and if she was legally required to present it to him. Answer: The Courts have held that an officer may ask a passenger for identification during a traffic stop, but whether the passenger is obligated to identify him or herself depends upon the reason for the stop. If the only reason for the stop is a traffic infraction committed by the driver, the …

Question: What is the department's policy on monitoring restaurants late at night? Is having multiple squad cars in one area in the public's best interest and a proper use of tax dollars? Answer: The Police Department does keep track of locations in the city where we have repeated calls for service and/or arrests, and many of those locations are businesses known for their nightlife.  Due to these repeated incidents, usually disturbances and assaults, we flag these locations for increased patrol and proactive policing. Disturbances and assaults are much less likely to occur when there is an …

Question: I know you can't text and drive. I dont even talk on the phone while driving. Can you read or send a text while sitting at a red light? Is that legal? From Traffic Officer Jamie Walker: The short answer here is "yes, you can." Under paragraph B, number two states that an operator who is lawfully parked or stopped may read or send a text. However, commercial vehicle operators (including buses and trucks) may not text or talk on a cell phone at any time while in operation of a CMV under Title 49, Code of Federal Regulations. 46.2-1078.1. Use of handheld personal communications devices…

  Question: When being pulled over, is a police officer, be it local or state, required to ask for any other documentation other than a driver's license?   Answer from Fredericksburg Traffic Officer Jamie Walker: During a basic traffic stop with the average motorist, a police officer will ask you for your license and registration card.  Motorists are required to have these two pieces of documentation (both issued by DMV) in accordance with Virginia Code 46.2-104.  These two documents are necessary in order for him to confirm the identity of the driver and the owner of the vehicle, among other…

Question: How many sworn officers are assigned to the Patrol Division? Do these numbers meet the recommended staffing levels set by the Virginia Association of Police Chiefs (VACP), or the Fraternal Order of Police (FOP)? Answer: We are unaware of any staffing studies or recommendations from the FOP or VACP. Our staffing levels currently authorize 71 sworn personnel and 27 non-sworn personnel. In March 2011 the Model for the Allocation of Patrol Personnel (MAPP) was completed. The MAPP is a web-based patrol allocation model developed by Justice Research Consultants (JRC), LLC.  The allocation…

Question: The question about the rules of the road for bicyclists prompted me to wonder about the rules of the road for motor scooters. It appears they do not need to be licensed (tags), which leads to insurance concerns, etc., but my real question is, "What are the rules motor scooters on area roadways? Are they permitted to travel (not approaching a left turn, mind you) on two and three lane roadways?  It seems awfully dangerous considering their top speed is maybe 30 miles per hour! Answer From Officer Jamie Walker: A mo-ped is defined under State Code 46.2-100 as: "Mo-ped" means every …

Question: Is there an ordinance for the city limits prohibiting children (or anyone else) from using residential streets as playgrounds (basketball courts, for instance)?  If not, it seems there should be. It is not only an obvious safety issue but can be a nuisance for the neighborhood as well.   Answer: There is a state ordinance that governs this: § 46.2-932. Playing on highways; use of toy vehicle on highways, persons riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, mopeds, etc., not to attach to vehicles; exception. A. No person shall play …

  Question: Are mugshot photos available to the public if someone requests them? In general, arrestee photographs that are obtained by the arresting officer are releasable as long as the release of the photo will not jeopardize an ongoing criminal investigation. However, arrestee photographs are not always maintained in the records of the arresting agency. If the person is released on a summons after being arrested for a minor offense, in most cases the officer will not take a mugshot. In more serious cases where the arrestee is turned over to the custody of the jail, the officer may defer to…

Question: Why do police agencies always investigate their own? Why can't an independent party investigate complaints and or police shootings? Shouldn't an impartial body investigate complaints?   Get daily and breaking news email updates from Fredericksburg Patch by signing up for newsletters here. For instant updates, follow Fredericksburg Patch on Facebook and Twitter .    Please note that this response intends only to refer to the policies and practices of the Fredericksburg Police Department. Answer: The Fredericksburg Police Department is a nationally accredited agency through CALEA, the…

  Question: With more bicycles on the road, what are the rules for bike riders? Do they have to follow the same motor vehicle rules and regulations, i.e., stop signs, lane changes?   Answer: The Police department has produced a pamphlet that addresses these questions and also has some good tips on bike safety and resources available to bike enthusiasts.  But here are the most critical rules of the road: • Virginia law essentially requires cyclists riding on a public roadway to follow the same rules of the road as drivers of motor vehicles.  Cyclists can receive a summons for violations. • …

  Question: In light of the recent Supreme Court decision what is the policy of the Fredericksburg Police as to when they perform a strip search on a detainee?   Answer: The U.S. Supreme Court ruling Florence v. County of Burlington holds that a person may be subject to a strip search during the jail intake process, regardless of the offense for which the person was arrested.  FPD officers do not conduct the jail intake process, and are governed by the more narrow parameters for strip searches established by Code of Virginia  §19.2-59.1:  No person in custodial arrest for a traffic infraction…

  Question: What is the proper way to tell a cop you have a firearm in your car when you have a concealed carry weapon and get pulled over? I have heard so many different things about this and I don't want to say or do the wrong thing.Answer: After you safely pull over and come to a full stop and while you are waiting for the officer to approach your vehicle, roll the driver’s side window down and place your hands in the 10:00 and 2:00 positions on the steering wheel. Allow the officer to speak to you, then tell him/her that you have a firearm in the vehicle, the location of the firearm, and …

Question: What's the current law/rule on the police taking your cell phone and "reading" the contents? If a policeman asks you for your cellphone do you have to give it to him? bonus question: can you video the cop if he stops you? Answer: Reading the contents of a cell phone falls under Fourth Amendment protections, so in order to examine the contents of a person’s cell phone an officer either needs a search warrant, probable cause under exigent circumstances, or permission from the person who has lawful control over the phone. A search warrant and permission are pretty clear, but probable …

Question: I have a handicap parking sign. On my sign it clearly states remove from windshield when vehicle is in motion. However I pass, I would say 95 percent of handicap drivers are driving with the sign hanging up. If their signs say they are to remove the sign while driving, like mine does, there are a lot of people out there doing wrong. So my question is: Is it illegal to drive with your sign hanging from the windshield? Answer:  It is against the law to drive with anything suspended from the rear view mirror that may obstruct the driver’s vision. § 46.2-1054. Suspension of objects or …

Question: I was taking photographs of a recent police incident on a public sidewalk and I wasn't near the yellow tape, but I was yelled at to stop and move away. I thought it was perfectly legal and a constitutional right to do take pics from a public sidewalk. I was in no way interfering with what the police were doing. The young officer spotted me and just decided to get angry with me. Answer: The officer may have told you to move depending on what type of situation was being handled at that moment.  The Fredericksburg Police Department has a directive which addresses this topic: 218.03 – …

The following answers came from Fredericksburg Public Works Director Doug Fawcett because the questions are related to his department. If you have questions for the Ask A Cop feature, post them here or send them to me at dan.telvock@patch.com Question: Why is there a yield sign at Washington Avenue and William Street near the cemetery? It's a one-way street and the yield sign doesn't make any sense to me. Get rid of that thing. Answer: Motorists approaching William Street on Washington Avenue may turn either right or left onto William Street. Motorists turning left must yield to east bound …

Question 1: Can civilian motorists turn in licence numbers and vehicle descriptions for aggressive and reckless drivers they witness "behaving badly" where the police will issue a citation from that or must only the officer see the violation for a citation to be written? Many times the offender is long gone for any LEO to respond if it is called in to dispatch. Unless it involves an accident investigation, an officer must witness aggressive or reckless driving in order to issue a summons for those violations. An officer can try to identify the offending driver and assist the complainant in …

Question 3: During a recent community meeting with UMW students, the police chief said that a person does not have to continue talking to a police officer or answer his questions if the person is not doing anything wrong. However, I don't feel like that's advice that will save me from further trouble. Can he elaborate on what he thinks the best advice is for me? Can I keep on walking? Do I have to stop to answer him? I think giving the police chief a forum to clearly say what he wanted to say is much better than putting him on the spot.   Answer: This question has been answered by Chief David…