If there is one thing that can turn a pleasant drive sour in an instant it is being pulled over by a traffic officer and receiving a ticket. Even if deep down, we know the cop was right, still, no one is going to think, “This was the best thing that could have happened to me today.”

To the driver, certainly not, but to family members? To the driver’s employer? In our story, the driver’s employer just happens to be his father, who e-mailed:

“Mr. Beaver, few people have nice things to say about highway patrol officers or traffic cops in general because the typical contact that most of us have with them is getting a ticket.

“I want to tell you about a tremendous service that a California Highway Patrol Officer did for my son, Ricky, and in fact, our courier/messenger service company, by pulling him over and giving him a well-deserved citation for the precise behavior I had warned him about over and over again.”

Dad put the phone on speaker and his son told the story of a completely avoidable–and expensive–refusal to obey the law. With their permission, I turned on my digital voice recorder.

But I Wasn’t Speeding!

“I had been on the road for dad’s company for almost a week, personally delivering documents and was in Sacramento when a California Highway Patrol officer pulled me over. I couldn’t figure out why, as I was in a line of cars stopped for a red light and he was next to me. I asked him what I had done.”

The officer would soon be delivering a well-deserved lecture on distracted driving, summarized by my reader’s 17 year-old son:

“That’s right, you were not speeding,” replied the officer, adding, “From what I could see, it appeared that you were doing something far more dangerous, something that exposes anyone on or off the road in the vicinity of where you were driving to a risk of great harm. Can you tell me what it was? Here’s a hint:

“What were you doing right before I pulled you over?”

Ricky did not know, and the officer filled in the blanks: “It appeared to me that you were texting. That is a violation of law for any driver, at any age, as it is a dangerous form of distracted driving. In fact, drivers under the age of 18 in California and most states can’t legally use a cell phone at all unless it is for emergency purposes.”

Politely, the young man denied that he was texting, but admitted to holding the phone in his right hand, which was visible to the officer.

What If I Challenge the Ticket in Court?

“Mr. Beaver, I am thinking about becoming a lawyer, and I have a question for you. As the officer wrote texting on the ticket–not simply holding the phone–and I was not texting, could this be a defense? I can obtain a print-out from my cellular carrier covering that time which will show no use of the phone.”

I replied, “It is a valid question, and one that an attorney would certainly ask, so my compliments on having a good mind. But there is a much more important issue involved, and I’m sure your father understands what I am getting at.”

Dad immediately jumped into the conversation.

“It doesn’t matter if the officer’s observations weren’t 100% accurate. The fact is that you were holding the phone and that is a violation of California law, if I am not mistaken, right Mr. Beaver?”

He was correct. Dad continued:

“Ricky, you are our only son. We love you. If something happened to you in an accident or you harmed someone because your attention was not focused on driving, we would go out of our minds with grief.

“And we’ve talked about this many times before!” he said with a tone of voice that sounded as if he was close to tears.

“Some of your friends admitted to us that you joke about being exceptionally good at multi-tasking, driving and talking or texting at the same time. But that’s nonsense, Ricky! A computer can multi-task, but not people! Don’t you agree, Mr. Beaver?”

Of course, I agree, and study after study proves that the human brain cannot perform two tasks that require high-level brain function at once, such as safe driving.

“So, Ricky’s dad concluded, “You are not going to challenge the ticket. You are going to court, accept responsibility, and pay the fine from your own earnings. The CHP deserves a big Thank You.”

Every family with a teenage driver cited for violating the cell phone law also needs to thank that officer who wrote them a ticket.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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In a few weeks, “Jay” will retire from the California Highway Patrol, where he has worked “from California’s incredibly beautiful forested north, driving past thousand-year-old redwoods to the most barren, dry and desolate places you can imagine in our state’s magnificent desert,” his email began.

And then, it took on a somber theme, one expressed to this column by other CHP officers.

“You have always been supportive and respectful of law enforcement, and I want to share with your readers’ tips on how to help avoid what has become an embarrassment to so many traffic officers, both Highway Patrol and city cops as well, and this occurs all over America, but is especially bad in cash-strapped cities and states.

“To rake in huge amount of fine-generated dollars, we are under ever-increasing pressure to write more and more tickets, fully justified or not. Where this happens, it makes veteran cops sick, realizing that we have become organized crime wearing a uniform, part of a scheme to fleece motorists, required to write tickets where only a warning would be adequate before, or not even stopping a vehicle in the first place.

“May we talk about a few ways drivers can protect themselves?” Jay asked.

I grabbed the phone and dialed his number.

We all speed — but don’t stand out!

“Dennis, you would be surprised at the number of drivers who toss their common sense out the window. We see fire-engine red cars leaving all other fast lane vehicles in the dust — drivers who put the D in dummy, doing everything possible to stand out — screaming, I want a ticket!” And these days, they’ll get one.

“The more easily I can see you — either the color of your vehicle or your driving behavior — the likelihood of attracting my attention goes way up. Red stands out, while lighter, neutral colors do not. While it is true that radar and lidar have changed the game considerably — they do not care about a car’s color — to officers, the visual element is still critical.

“Cops know that it is impossible to drive the speed limit on many highways and not be a hazard, especially true for long sections of California’s I-5. I have pulled over more cars than you can imagine for doing the posted speed in the fast lane, warning those drivers to stay in the slow lane as they are creating perfect conditions for an accident.

“By simply keeping up with traffic — in the middle of a group of cars, all going the same speed, regardless of what that speed is — your chances of being singled out are greatly reduced, if not almost virtually nil. So stay in the middle of the pack — it’s that simple,” he recommends.

“But, if you weave in and out, follow other cars way too closely, think it is somehow cool to intimidate them into changing lanes, or lead the group onwards at a much higher speed — you risk being spotted, and your driving behavior will be rewarded with an expensive citation. So why do this to yourself?”

We park in a way to make radar detectors less effective

“Radar and lidar detectors provide  critical warning that your car’s speed will soon be checked. The only way to minimize their effectiveness is to limit the amount of time for you to react and slow down.

“If I am parked parallel to the highway, with my front and rear-facing radar active, cars with radar detectors will sound the alarm, potentially, miles from my position.

“But if I am perpendicular to the road, your radar’s ‘window’ of visibility may only be a few hundred feet, plenty of time for my radar to determine your speed, but much less time for you to react to my presence.

“So this means that even with a radar detector — which I absolutely recommend everyone owns one which ‘looks’ both ahead, and towards the rear — you need to be extra careful, and especially at night.

“It does not matter where you are, if it’s late and you are the only car on the road, don’t assume that because you can’t see other headlights that you are alone and the open road means pedal to the metal. Often we’ll park far from the road, headlights turned off, facing traffic at an angle, patiently looking at the speed numbers which our radar gives us.

“I am not encouraging speeding. What I am saying is that what was ‘safe’ before, today could get you an expensive ticket,” Jay warns.

Next time: Yes, there is still a chance of getting out of a ticket, and we’ll tell you what might work, and a radar detector buying recommendation.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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There is a great benefit in having a family doctor and lawyer who build strong, lasting relationships, often with several generations of the same family.

The result is more personalized, effective health care and prompt access to legal representation.

However, there is one particular upsetting frustration that can be a matter of life or death — or the result can be seeing your nervous client walk into the office holding a lawsuit they were just served with.

The frustration? A delayed heads-up that something is amiss. For example, a patient who waits for months before saying, “Doc, I think something’s not right.”

Or the client who admits to having taken the law into their own hands — months ago — and is worried about the expensive consequences.

What’s going on?

Plumbing contractors “Kevin” and “Julie” have been our clients for over 30 years. With one exception, they have bounced any significant legal decision off of us. That exception happens when issues with their children — all adults — cause their blood to boil.

On a recent Saturday morning, they called. Agitated, Kevin explained, “Our daughter, ‘Sandy,’ and her jerk of a husband, ‘Seth,’ rented an apartment located in the rear of our house.

Both are on the rental agreement. They recently separated, but he briefly returned a few days ago to grab some of his things.

“We knew that he had a temper. However, today Sandy admitted he has been physically abusive, and she has a black eye to prove it. She is terrified of him returning.”

Julie, in a trembling voice, added, “This creep just called us — he was clearly under the influence of something — and said that he was going to take half of everything we own, even though his name is nowhere on anything proving ownership, and he never once contributed money toward the property. Can he do that?”

I replied, “Not likely, but something tells me there is more to this, so tell me what’s going on now?”

A threatening phone call

Kevin then played the recording of a phone call he had with Seth:

“I am recording this conversation, Seth.”

“I don’t care what you are recording.”

“Stay away from Sandy and never set foot on our property, including the apartment, or you will regret it.”

“I am a paying tenant,” Seth yelled, “and I’m coming over now with some muscle! We are taking Sandy away from you creeps. Try to stop me, and you will regret it.”

“What should we do?” Sandy’s frightened parents asked.

In a calm tone of voice, I explained, “Normally, you would have the right to exclude anyone from your property who is not a current tenant or who poses a threat.

“But your daughter and Seth have both rented the rear house. If Seth is still a legal resident, then you cannot bar him from accessing the rental unit unless there is a restraining order or eviction judgment against him.”

I further explained that attempting to evict him could be seen as a form of unlawful eviction or interference with his tenancy rights.

However, if he has moved out, and there is evidence of him having relinquished the tenancy, this would be a strong argument in favor of barring him from entry, especially if Sandy is now the only tenant and his presence is threatening to her and, apparently, both Kevin and Julie.

Time to call law enforcement

Given the threat of “coming over with muscle,” this is the time for Sandy and her parents to immediately contact law enforcement.

In all states, while the exact terminology will be somewhat different, a law enforcement officer can request an emergency protective order (EPO) from a judge, which is typically available 24/7 in most jurisdictions.

The purpose of an EPO is to prevent future domestic violence/abuse, child abuse, abduction, stalking or abuse against an older person or dependent adult. An EPO can order the defendant to:

• Not contact people covered by the order

• Not harass, stalk, threaten or cause harm and stay a certain distance away from where they live, work or visit regularly

• Move out of a home that is shared with the protected person

• Not have guns, firearms and ammunition or body armor

Most family law attorneys would maintain that in this situation, the EPO would require a landlord to exclude the named defendant.

Also, some states allow landlords to change locks and take other safety measures for tenants who are victims of domestic violence, even without a court order.

An EPO is served on a defendant in person by a law enforcement officer and typically is effective for five to seven days.

If the person needs protection that lasts longer or wants to ask for other orders, they can apply for a restraining order.

Insight from a family law mediator

I ran this situation by Scott Levin, a friend of this column and in his 20th year of practicing family law, with a focus on mediation, in San Diego.

“I’ve had clients who own their homes and later allow a boyfriend to move in. When the relationship ends, they’re surprised to learn that renter protections can apply even without a lease or rent payments.

“Once someone lives there with permission, landlord/tenant law in many states gives them occupancy rights, and self-help eviction — like changing locks or tossing belongings — isn’t allowed.

“The best outcomes come from negotiation, not confrontation. A negotiated settlement can lead to a peaceful move-out and fair resolution, preserving dignity on both sides.”

Levin’s website features useful tips on dealing with several of life’s most challenging situations.

If you feel you may be a victim of abuse, reach out to the National Relationship Abuse Hotline at 800-799-7233. You can also visit their website.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post A Nightmare for Parents: How to Navigate the Legal Boundaries of Tenant Rights During a Family Crisis appeared first on Dennis Beaver.

What are your legal rights, and a car dealer’s obligation concerning vehicle registration?

Learning some of the possible legal consequences of driving a car that lacks current registration wasn’t what Joe had in mind when he purchased a 3 year-old Toyota 4-Runner for his nephew, Abe, who drove it for a local chauffeur service.

But there was a problem, as Joe explained:

“I bought in February from one of the largest Toyota dealers in our town. We were told that it was a trade-in from a customer who was unable to locate the vehicle’s registration or title, but not to worry, because if she didn’t bring it to them, they would apply to DMV for a replacement.

“They issued a temporary registration which was taped on the passenger inside windshield.”

The car had no license plates, “as they were personal to the customer, and were transferred to the new car she purchased.”

Abe immediately went to work and, as his employer had a contract with the two country clubs in town, “I earned a very good income, both as an hourly employee and from healthy tips,” he said.

Time Limits to Legally Drive with Temporary Registration

While time limits vary state-to-state, in general, buyers are able to drive the vehicle for a limited time on a dealer-issued temporary registration.

Joe’s credit union financed the purchase and required full-coverage insurance with them listed on the insurance policy as lienholder.

Despite repeated calls to the dealership, asking “Where is the car’s registration?” Joe was assured by the used car sales manager, “We are working on it, but our customer isn’t very cooperative, and in fact, the new car we sold her had to be repossessed due to checks bouncing and a failure to keep monthly insurance premiums current.”

What Abe and Joe are facing

Not having valid, current registration on a vehicle is nothing to sneeze at because:

(1) Police can stop and ticket the driver as unregistered vehicles may not be driven legally on public roads.

(2) An owner faces parking violations, towing and impounding if the vehicle is found on or operated on public roads.

(3) Fines can range from $250 to $3,000 or more, depending on the state and any prior violations.

(4) Penalties can include being arrested, doing time in jail and possible impounding the vehicle, points on a driver’s license, and suspension of the license.

(5) If auto insurance was issued under a temporary registration, coverage could lapse, depending upon the carrier. Driving a car without insurance is its own violation of law.

Be Patient

In their state, 90 days is the limit of validity for a dealer-issued registration.

Abe had been driving the 4-Runner since February. “But I just received notices from my employer and auto insurance, that unless the vehicle was registered in my name before the expiration of the temporary registration, insurance would be cancelled and I could not drive for the company. Every time I call, the used car sales manager just says, ‘Be patient, we are working on it.’

“But my family depends on that income. Can you help us?”

Not Who You Know But Who Knows You

It would have been easy to just send Abe and Joe down to their local DMV investigations office and file a complaint against the dealer who had the legal duty of providing them the registration.

But that would take time and Abe would be out of a job.

Instead, I set up a conference call with Joe, Abe, and the dealership, asking to be connected with the general manager but was transferred to his assistant.

When “Sheri” came on the line, I just said, “My name is Dennis Beaver and I am not representing your customers, but as a journalist, trying to help them,” and outlined the problem.

My next call was to the manager of Joe’s credit union.

“Joe, your customer, really needs your help. The Toyota dealer appears unable to produce registration on the 4-Runner you financed, and he will likely stop making any more payments. Would you please call the dealership and do what you can to help Joe?”

A Little Patience Was Called for Now

“So, what do we do now?” Both Abe and Joe asked.

“We wait for our phone to ring, and my prediction is no more than 5 minutes. You are about to see what is meant by the power of the press.

Three minutes later the Toyota general manager called:

“Mr. Beaver, please tell them to bring the car right over to us, now if possible. We will unwind the sale, refund all of their payments and insurance premiums they paid. And thanks for handling this the way you did.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Auto dealer failed to provide registration appeared first on Dennis Beaver.

Weott is a small town located in one of the most beautiful parts of Northern California, 45 miles south of Eureka, right off of Highway 101 in Humboldt County. “We’ve got wonderfully clean air filtered by 2,000 year old Redwood trees — it is simply beautiful,” Phyllis (not her real name) wrote in an e-mail which also spoke of trouble in this little paradise. 

For several of the families who live on Madrone Drive — her family included — Weott has become the site of a neighborhood war, “…caused by one resident who burns household garbage in her wood burning stove. We can smell all sorts of toxic things, such as plastic, and the black smoke pouring out of her chimney is horrible. It is a shame to have to breathe the pollution she is causing.”

After speaking with other neighbors on the same street, I couldn’t help but think of the Andy Griffith show and Mayberry, that mythical town and its friendly Sheriff. It was Sheriff Andy Griffith who amicably kept the peace, but based upon what I have learned, Weott has been cursed far too long with local law enforcement who would rather just wring their hands instead of taking action. Here are the facts of this story as I have been able to determine, and we begin with a look at air pollution in general, and what the law says about burning residential garbage.

Limited Right To Burn Trash at Home

Before 1970, in just about every city in California, at about 5 p.m. you could look out your window and see plumes of smoke wafting up into the air — smoke from backyard incinerators. “Take out the garbage and burn it,” were orders given to hundreds of thousands of kids home from school. In those days, prior to much in the way of trash collection, everyone burned garbage. But as air pollution in metropolitan California cities — noticed as early as 1943 — grew worse, backyard burning was outlawed in a large part of the state in 1970.

As of January, 2004, the burning of most household waste was made illegal. Some things may still be burned at home, but the list isn’t very long. If the county permits, vegetation grown on your property may be burned, but not glossy paper, garbage, plastic, paint, rubber, cotton, wool, petroleum products, or toxic smoke producing items. “Most household garbage cannot be legally burned at home, plain and simple,” is the way several enforcement officers I spoke with put it.

Quit Smoking!

Following receipt of Phyllis’s e-mail, I spoke with Garianne Dashiell, whose home — among others — is directly impacted by the plume of smoke from this uncaring neighbor who I will call B.O.

“The burning of trash has gone on for a very long time, and I have spoken with the North Coast Air Quality Management District, who sent her a letter advising that what she is doing creates a nuisance. But that was all they did, and the burning continued. Both orally and in writing I offered to supply her with trash bags and take them myself to the dump. I also left her a supply of Hefty Bags. She returned the bags, with an unbelievable response.”

Unbelievable indeed! Instead of addressing the real issues — burning trash and becoming a nuisance to other neighbors — B.O.’s handwritten reply (and I have a copy) read in part, “It is a proven fact that second hand smoke kills. I have had to close my front door and house windows because I smell cigarette smoke coming from your front yard. Maybe you should quit smoking outside.”

In rejecting the offer of help, B.O. wrote something very interesting. “I might be poor but I am not needy.” That one line could be of real legal significance if this matter makes it into court, and I’ll tell you why in a moment.

Anybody Got Some Monitoring Equipment??

Despite the fact that residents had complained to the appropriate local agencies — the Sheriff’s Office, Forestry Department, and to the North Coast Unified Air Quality Management District — as of the writing of this story, B.O. seems to have made a fool of everyone and continues to burn all kinds of trash.

The Management District was nice enough to send Our Lady of the Eternal Flame (as Garianne Dashiell refers to her) a letter urging that she obey the law. But that was all that happened until You and the Law was contacted by Phyllis and we began making a few phone calls, and I am glad to report, upsetting an apple cart or two.

While initially, I had the distinct impression that the Management District was completely unwilling to take the kind of action law permits — on the shaky basis that B.O. can get away with violating the law by burning garbage inside her house — I changed my opinion after learning a couple of things.

Believe it or not, the Air Quality Management District didn’t have monitoring equipment that would let them test the smoke coming out of B.O.’s fireplace! This is like a Fire Department without fire trucks, the police with no guns or bullets to put in them. That is why nobody did anything. I was told by Richard Martin, the new head of that Department.

No joke, at least as of late December/early January, they did not have the equipment to test air samples! They rely on visual examinations of smoke, and yearly attend refresher classes. (Let’s hope no one there is color blind!)

If you accept the logic behind what one of their employees told me, “Gosh, it’s inside and we just can’t do anything,” then you can get around California law by conducting prohibited burning inside your house or business. We’ll call it the Humboldt Rule.

To be perfectly fair, the folks at the District now appear to be moving in the right direction. Slowly, but I get the impression that they now take this seriously. At all times their staff members have been willing to talk with me, but in part I suspect they suffer from a lack of resources.

In late December, 2006, I decided to speak with B.O. “I’m not burning my garbage at home. In fact, I have garbage cans at home and they are full of garbage. Well, once I accidentally threw a shoe in my fireplace one time, but that’s all.”
When I asked her about the letter and Garianne’s offer to take her trash to the dump, and the package of Hefty bags which she returned along with her handwritten note, B.O. became much more interesting to me. I could see her on the witness stand. She denied writing the note.

But then she said something that would deeply wound her credibility on the stand. I might be poor, but I am not needy. Those were the same words in the handwritten note!

I’ll let you know what I hear — or see via smoke signals.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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August 22, 2015 • By Dennis Beaver

For a moment, imagine yourself as a Highway Patrol officer, which of course means turning on the red lights, possibly the siren, and pulling a vehicle over for speeding, then, wondering:
“Just how dangerous could this stop become?”

To Hanford-based California Highway Patrol Officer Adam Barresi, and, “To police officers everywhere, these are the questions we ask ourselves, as traffic stops are one of the most dangerous aspects of law enforcement,” adding, “And there is a great deal that the public can do which helps to put the officer at ease.”

While a DUI or other misdemeanor and felony traffic offenses require an arrest, officers have discretion with infractions, such as speeding.

“How a driver responds when the red lights go on can influence the outcome — a citation or warning,” Barresi says. “Safety — for the driver, occupants and officer — is the most important consideration in a traffic stop. When you see the red lights or hear the siren, don’t panic and do not make abrupt lane changes. Instead, activate your turn signal, so that the officer knows that you are properly responding.
“Either pull over to the right, or follow the officer’s instructions which you may hear over the P.A. system. Turn your radio off and avoid distractions. This is absolutely not the time to text or make a phone call,” he underscores.

“When a driver is well-organized — license, registration and proof of insurance quickly at hand — less time is needed to spend on the side of the road. It is simply human nature to view this as being considerate of the officer,” Barresi notes.

“With those documents in mind, what concerns officers most as they approach the vehicle?” we asked.
“We often see people fumbling around in their glove box, but what really gets the hairs on the back of my neck to stand up is when someone spins around backward, grabbing an item from the rear seat or floor. Sure, most always it’s their purse or wallet, but what if it’s something else? And that situation raises the tension level significantly.

“So, unless you have them already out, it is always best to just remain seated, lower your window, keep hands on the steering wheel, and please, no sudden movements and do not get out of the vehicle unless instructed. If it is a night-time stop, turn on interior lights, and, if you have tinted windows, it is a very good idea to roll them down, which shows that you are aware of the officer’s concerns.”

‘Our goal is to correct behavior’

“I don’t particularly enjoy writing tickets. Instead, I’d rather assist someone in need, investigate a complex scene or remove an impaired driver from the roadway. As our goal is to correct behavior, writing tickets is part of that task. Collisions are caused by people driving at high rates of speed, under the influence of alcohol, drugs or both, following too closely, and so forth.

“Drivers who get tickets are often not paying attention, don’t know or care what the speed limit is, or drive grossly over the limit. With their required information ready, and showing sincere remorse, these people are more likely to conclude the enforcement contact with a warning instead of a citation,” he points out.

As the Hanford Area Public Information Officer, Barresi is “Able to educate the motoring public in many ways — often from a road-side chat —allowing the motorist to drive off feeling they got one heck of a deal. I’m sure it’s an enforcement contact they will remember and tell their friends about — not because they ‘got out’ of a ticket — rather, because of the educational message I hope gets passed along.

“But where the person is driving just as fast and is argumentative — wanting to have a trial on the side of the road — their behavior might require a citation instead of a verbal warning. As we make notes on our citations, the driver’s attitude matters a great deal, vulgar or nice gets told to the judge, in court.”

For several years, all CHP squad cars have been equipped with dash cams and sophisticated audio recording devices which record all stops. “It can be amusing when these videos are played in court, but not necessarily for the defendant,” he observes with a broad smile.

Eight years a California Highway Patrol officer, Barresi most enjoys “The fact that I can help people. To all CHP officers, this is more than just a job; it allows us to serve our communities and the people of California.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Behavior matters when pulled over by CHP appeared first on Dennis Beaver.

On Saturday, Sept. 13, at around 10 in the morning, June was purchasing gasoline at a Brookside Market service station close to her home in Bakersfield. Walking back into the store for change, she found a customer’s wallet right outside the door.

“I took it immediately to the clerk, and told him that we needed to locate the owner. I was worried that someone either did not know he had lost a wallet, or was madly trying to find out where he could have lost it,” she told me.

“We looked for a phone number, but found none. But what we did find could easily become the basis of identity theft: Social Security number, auto and health insurance cards, credit cards, driver’s license and cash. The clerk told me not to worry, that he would take care of the matter, and do what he could to return the wallet to its owner,” June said.

“I checked back several hours later as I wondered if they were doing anything at all to locate David. I just had a bad feeling, and felt both an obligation and desire to help get that wallet returned,” she added.

June is a retired elementary school teacher and reads You and the Law online. She reached me on my cell phone at about 3 p.m.

We would soon both learn that her fears were completely justified. Without knowing it, she had become legally responsible for whatever happened to David’s wallet, and possibly for expenses incurred in preventing identity theft.

A duty to find the owner

If you rent a car and find a ten dollar bill in the glove box, no one would seriously deny your right to keep it. But, find a bag inside the trunk containing thousands of dollars, while tempting, few people would seriously believe the money was theirs to keep without first notifying law enforcement.

The old saying, “Finders Keepers, Losers Weepers,” makes sense occasionally, but not in that circumstance.

Funny thing is, at one time, “Finders Keepers, Losers Weepers” really was the law! Where it was felt something was unowned or abandoned, whoever found it could claim ownership. However, in the mid 1800’s courts no longer felt this was a valid legal theory.

Judges began to ask common sense questions:

How do we know if the item was abandoned — just thrown away — or lost? Misplaced? Does the “owner” want it back, or given up all rights to possession? And, if its return is desired, can ownership be demonstrated? Today, all states have laws which require finders of “lost” property take certain steps before being allowed to keep what they’ve found.

If you have Internet access, it worth looking at California Civil Code Section 2080, which describes our legal duties when finding lost property.

It’s important to understand there is no legal obligation “to take charge,” of what you have found. So, June did not have to pick up that wallet and give it to a clerk at the Brookside Market. But since they both “took charge” of the wallet, then Civil Code Section 2080 created a legal obligation of attempting to inform the owner that his wallet had been found and to do this within a reasonable time.

In this situation “reasonable” required prompt action. Not in a few hours, not tomorrow, but making an attempt as rapidly as possible.

“Today, with the risk of identify theft so great, I can easily imagine that poor guy going crazy, trying to find his wallet, and probably canceling credit cards, ATM cards, making reports all over the place, to prevent becoming an identify theft victim,” I was told by “Eric,” a security manager for Chevron mini markets in California.

Eric told me that, in his opinion, any service station employee, in that situation, should at once try to find a phone number, through Google, the phone book, anyway possible, just as soon as they could, to help their customer. “And if not immediately successful, to call the police and give them the wallet,” he stressed.

As logical as that seems, as considerate as that would be for Brookside’s customer, that’s not what happened. As I would soon learn, no one at that Brookside Market and Deli did a thing to find the owner of that wallet.

It’s Confidential

Setting up a conference call between myself, June and the market, I explained why I was calling and asked what they had done by that time, roughly 3 p.m.

“Nothing beyond looking in his wallet,” a “Vicky” told me. I asked if they would give me name and address information from the driver’s license, and I would use my data bases to locate him. Vicky refused, stating, “That’s confidential.” She was as wrong as wrong could be, and then told us something which was both maddening and said something about the intellectual capacity of Brookside’s employees:

“Well, the guy did come in looking for his wallet earlier today, but the clerk who took it from June wasn’t there at the time and put in the wrong place. He also didn’t tell anyone else working here that we had this lost wallet.”

I again said, “Look, there is a legal duty to return it to the poor guy. He’s probably sick with worry about all of his personal information and credit cards. It will take me 5 minutes to locate him, and if not, you can call the police and give it to them.” Vicky again refused. She also refused to put me in touch with management.

I phoned another Brookside Market in the Bakersfield area, explained the situation, asked to be put in touch with someone in management, and was refused.

Finally-still with June on the line — I called Brookside back, and was told by a now sarcastic, short-tempered, Vicky, they had just “given it to a police officer.”

I confirmed that statement with an extremely polite and professional Bakersfield Police Officer Hernandez who told me the owner had been notified his wallet was at the police station.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Getting married to a police officer requires considering realities which apply to no other occupation,” in the view of Santa Maria, California-based private investigator, Riley Parker. You and the Law sat down with the former Bakersfield Police Officer, and asked his advice for our reader, Cindy, who plans to marry a cop.

1.  Your husband will never have consistent weekends off; will spend at least one-third of his career working a shift other than days, including evenings and “The Graveyard Shift.”
2. How will you feel on “date night,” when he has a gun and handcuffs in his pocket just to go see a movie, or to a house of worship?
3. Days will be spent in court, often after working all night, coming home to shower, change clothes, and be at court by 9 a.m., then spending hours sitting on a hallway bench, or at counsel table with the prosecutor. This can repeat days, even weeks, returning home for a four or five hour nap before returning to another overnight shift and it all starts again.
4. Working sleep deprived, the risk of injury or death is increased. A split second decision, if wrong could end his career-or even worse — his life. Exhausted, he will often not be the best of company, nor, at those times, the romantic partner you fell in love with.
5. Hearing, seeing and smelling things that you can’t imagine, at times he will seem especially withdrawn after having experienced something that is just too horrible to share. Not wanting you to experience the sights, sounds and smell of death, whether of violent or natural causes, it will be locked away inside of him, simmering.
6. Holidays are especially difficult. You want to visit relatives for a few days but hubby is working overtime because senior officers took vacation time. If you go, you will go alone, and you will be resentful of his absence.
7. Someday it will seem as if your husband has become closer to his co-workers than to you — and if his “partner” is a woman it will be especially concerning. Realize this does not mean infidelity. But spending between 8 and 10 hours together, four to six shifts a week results in a strong bond, as they depend upon on each other in life-threatening situations. “Brothers and Sisters in Law Enforcement” is a term you will come to understand. They know how the other will react when bad stuff happens, and it does. They console one another after sharing a call involving the death of a child, a brutal murder scene, or a horrific suicide.
8.  Your husband will never be as close to anyone as to the people he depends upon and who depend upon him. You will hear, “They have my back,” whether it is a bar fight, a high speed pursuit, a neighborhood search for a murder suspect, a gunfight with an escapee from prison, or the tragedy of losing a partner or friend who is injured or killed in the line of duty.
9. At times you may feel he is becoming secretive, and you are right, but not for the reasons you suspect. Sometimes information simply cannot be shared with anyone “not part of the investigation.” At other times, it is to protect you from something he fears is too ugly to reveal.
10. You will both want to have children, but always remember there will be times when you’ll be alone at PTA meetings, back to school nights, soccer games, swim meets, medical appointments or birthday parties. Picture yourself as a single parent because that’s what you are when your husband is at work.
11. To rise in the ranks of law enforcement, requires a degree beyond an AA or bachelor’s degree. If he seeks a higher position in the department, this generally means obtaining a master’s degree in public administration. And so, as he attends school for two years, you will have the sense that the family has been abandoned. Please avoid that feeling, as this man who loves you and the children is only doing this for the benefit of the family.
12. Consider the ultimate risk, the danger of death or injury every time he leaves for work. Then look at his use of deadly force to protect himself, his partner or a citizen, knowing the intense scrutiny he will be exposed to, being second guessed? Can you cope with your husband being labeled a “killer?”

We at You and the Law add the following: “Cindy, in a law enforcement marriage you become part of one of the most satisfying and respected careers that exists. Consider the risks and rewards and look deeply into your soul to make the decision.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Mr. Beaver, we are worried about our 19-year-old son, ‘John.’ He drives like a maniac, has been pulled over by the local police several times, but they always give him a warning because I am well known in town. Instead of being appreciative, John argues with the offices and is disrespectful. If he acts like this somewhere else, things will not end well.

“We all read your column and John likes the way you are so straightforward. He might listen to your advice, so would you do a column on how to avoid getting yourself on the evening news when stopped by a police officer.”

“Police officers, just like anyone else working a job, want their days to be as easy and non-confrontational as possible,” Officer Harold Jones of the Winchester, Kentucky, police department told You and the Law. With a master’s degree in Clinical Psychology and having been a police officer for 20 years, he is typical of the dedicated people in law enforcement we have met over the years.

“We want to make our community a better and safer place for everyone. That’s why we get into this field. We would absolutely love for there to be zero crime, zero domestic violence, zero drugs, zero theft, zero child abuse. No one in law enforcement wants those things to happen and we do not seek out confrontational situations. We don’t wake up wanting to toss you in jail,” he stressed.

Any lawyer will tell you that in almost every instance of contact an officer has with someone is a result of something that person did to draw the officer’s attention or something that created a call and law enforcement was dispatched. The law requires a reasonable basis–a good faith underlying reason. In addition to traffic stops, this might include:

• Thinking you are having trouble and need assistance
• Checking out a citizen’s compliant of criminal activity
• Looking for possible witnesses
• Stop – Listen – Obey

“In any encounter with law enforcement, regardless of prior negative experiences, this is not the time to work out past feelings,” Jones underscores. “Give the officer the benefit of doubt that there is a valid reason to talk with you and to explain why you have been stopped. The more a person resists in allowing the officer to do his job, the worse the situation will become.”

Risk and being in a permanent state of alertness goes with the job of being a cop. The most self-defeating thing we can do is to be a jerk, making that officer’s job more difficult. “Stop. Listen, Obey, are the Golden Rules for all civilians to follow,” Jones points out with good reason.

“Whether you are on foot, in a car, on your phone, or whatever you feel is important at the time, anything but stopping and giving your full attention to the officer will turn things south quickly. This also means stop moving!

“If you stick your hands in your pocket, turn your body in another direction, look around everywhere but at the officer, these are strong indications that you may be planning to do something other than cooperate and allow the officer to complete his investigation.

“If you don’t listen, there will most definitely be some miss-communication which is always bad for everyone involved. However, listening does not just mean being present without saying anything. Active listening requires trying to comprehend what the officer is saying so that a reasonable communicative exchange will take place.”

The results of not listening and little, if any dialogue “Can be interpreted by the officer that the person is planning to argue right out the gate, or plotting something. It is an invitation to trouble,” Jones cautions.

“Even if you disagree with the officer, this is not the place or time to argue with the person who has the pepper spray, baton, Taser, gun, and most likely, plenty of back up on the way. If you feel you have been wronged –which does happen–then make that argument in court,” he strongly recommends.

“However, if you decide to ‘hold court’ on the side of the road, or at the time of the event, you will most likely lose there and then lose in court.

“The only exception I could see to refusing to obey is if you really are dealing with a rogue officer and it means life or death for you. But this is not The Movie Channel and those instances are about as common as being struck by lightning — Twice, Jones concluded.

And so, to “John,” You and the Law has this recommendation. Keep it up. Some lawyer needs your parents’ money.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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December 22, 2025  • By Dennis Beaver

When the news that legendary director Rob Reiner and his wife, Michele, were murdered in their Los Angeles home and the only suspect was their 32-year-old son, Nick, I immediately thought of my meeting — only a week earlier — with “Alex,” who left this message on our office voicemail:

“My brother ‘Gabe’ is out of control, but nothing I say to my parents is getting their attention. What can I do? Can we meet as soon as possible, please? It got so physical last night that the police were called — again — but Mom and Dad won’t do anything to protect themselves. They keep giving him money. I fear he could kill them.

“Also, they have an estate plan, but they will not tell me a thing. I have to know if the worst happens. And what if Gabe attacks a neighbor he has had words with? Could my parents be held liable for his criminal behavior?”

Sometimes denial is too strong

Gabe’s case is not an isolated one. There are some parents who never get it, who will never get it, nor do they realize just how much they have contributed to a child’s failure as an adult.

In my decades of practicing law, I have observed a strong correlation between highly successful professionals — physicians, dentists, CPAs, lawyers — with irresponsible, messed-up kids who never grow up. (I’m not suggesting in any way that this is what happened with the Reiners and their son — I’m talking only about Gabe’s case and others I’ve personally witnessed that are similar.)

Failure is all but assured with a helicopter, snowplow or bulldozer parent — overly involved, protective parents who “hover” over their children, shielding them from challenges, mistakes and natural consequences to ensure — they think — their safety and success.

It is all made worse when a child develops mental illness, which may be evident to others but is denied by one or both parents.

Mom, in Gabe’s case, checks all the boxes. I have been their family attorney for decades and watched the boys grow up.

Both parents are specialists in their medical fields, but Mom stayed home and devoted herself to their sons, “protecting” Gabe in particular because of issues he had as a young child that worsened over the years.

And, I have to tell you, she is the nicest, most generous person you’ll ever meet, with a smile that can melt ice. Like Alex, I am also worried about what could happen.

Problems began at a young age

Beginning at about 5 years of age, Gabe showed behaviors that were not normal and were not addressed. While Alex did fine in school, Gabe always felt teachers were out to get him. Mom justified his irrational thoughts and paranoia by blaming the teachers for his failures.

When Gabe started misusing marijuana, his downward spiral accelerated. He was “unfairly” flunked out of law school “because they did not like my political views.” DUI arrests followed, and he has been in and out of rehab and psychiatrists’ offices.

At 32, he is still living at home. He has never been employed for more than a few months. He regularly consumes large amounts of alcohol.

In drug-fueled rages, he has torn apart the interior of the family home, and his parents, fearing for their lives, often stay in hotels to protect themselves. But they also go back home from time to time, despite the danger.

Parents need to lessen the risks and protect themselves

Any family in this kind of situation needs to ensure that guns and other weapons are removed from the home. Even if a family owns no firearms, you do not know if your troubled loved one has acquired one. A thorough search of the home is obligatory when they are out.

Generally, parents are not responsible for an adult child’s criminal behavior, but in a situation like Gabe’s, parents need to do everything possible to reduce the chances of someone getting hurt and the family being blamed for being negligent.

It’s important to involve law enforcement

Alex made clear that his parents refused to have Gabe arrested — and he could still be, for assault, vandalism, terrorist threats — and taken to a mental facility.

I spoke about this with two clinical psychologists, who asked not to be identified because they are not involved in Gabe’s case. They both indicated that the fact that he has not been arrested is evidence of the parents being caught in a spiral of enabling.

Providing money, housing or covering up destructive behavior is seen as a green light to continue bad behavior. They both added that any parent in this situation needs professional counseling themselves.

Other steps parents dealing with a troubled and violent adult child need to take include:

• Call 911 if the danger is immediate. Law enforcement can intervene and issue a temporary stay-away order.

• Call a crisis hotline for guidance when violence or drug use escalates. Visit USA.gov to find the numbers for hotlines and other information about how families can get help with issues stemming from substance abuse.

• Seek a professional evaluation for the child at a mental health facility. Parents should also seek professional counseling themselves.

• Locate support groups to learn coping strategies and avoid isolation.

• Have a home video/audio security system installed with the data sent to the cloud, not stored at home, where it can be accessed by the troubled person.

Someone needs to know where estate planning information is located

Now for Alex’s question about the estate planning documents. It helps no one to play hide-the-ball with documentation involving family trusts, wills and related information, especially when you have responsible adult children or other family members capable of carrying out your wishes.

My recommendation to anyone in Alex’s situation is to say to their parents, “Not knowing where these documents are or what information they include is likely to cause delays, legal battles and costs that I know you don’t want. Help me help you in reducing the stress of what not knowing will cause.”

In case you wonder if I tried to reason with Mom — yes, I tried. But I was met with that beautiful smile.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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