Man warns drivers about police traffic trap, gets ticketed

A man by the name of Daniel Gehlke says he was ticketed by the Seattle Police Department for what some might call a good deed &#8212 essentially warning people of a traffic trap.

He apparently saw a number of SPD officers set up shop at 14th Avenue and South Washington, waiting for drivers to break a traffic law, then pull them over and ticket them.

So Gehlke created a make shift sign this past Wednesday. He wrote on the back of what looks like a laundry hamper lid: “COPS AHEAD – STOP AT SIGN AND LIGHTS.”

One officer in particular wasn’t a fan of the sign. He argues it breaks the law and so he ticketed Gehlke, who caught the encounter on his phone.

So first off, can we all acknowledge whether or not you agree with this ticket (and we’ll get into fact checking what the law says in a bit)? Can we all agree that this cop handled this professionally?

This goes to why I’m such a fan of body cams. They keep everyone in check a bit; it let’s everyone know, hey if you act up, if you act inappropriately, it’s all on tape.

And the same is true for Gehlke, who is obviously passionate about this. He obviously doesn’t want a ticket. And I’m sure he knew he would put this on the Web, which he did. He knows he needs to make sure he doesn’t come off as one of those lunatics who engages in weird behavior on tape with cops with the sole purpose of trying to get the cop to overreact.

I thought both the cop and this man were well-behaved.

So naturally, Gehlke is like, “What’d I do!?”

“Freedom of speech cannot be physical … I’m encouraging people to follow the law,” he said.

“You can go in and discuss that with a judge,” the cop replied.

Now, even though he was well-behaved, Gehlke gets a little snarky at one point.

“Man you know what’s great about the First Amendment?” Gehlke said. “It supersedes our laws? Are you aware of that?”

This isn’t really relevant. I know he thinks he’s some con-law expert and some authority on it, but simply saying “free speech” doesn’t mean there’s a violation.

Supreme Court has routinely said there are limits on speech.

In fact, in cases having to do with public safety, cops don’t even have to mirandize you immediately if there is some imminent danger that the cop is dealing with. You can look up New York v Quarles if you’re so inclined.

When it comes to public safety, the Supreme Court has made way for laws &#8212 local or otherwise &#8212 that fall well within the scope of being permitted.

Now, it doesn’t mean this guy broke the law. Let’s look at the law. The cop made a reference to 11.50.560 – Forbidden Devices.

I looked up the law and it’s a bit long, so here’s the pertinent part:

“No person shall erect or maintain at or near a street or alley any structure, sign, light or device that is Visible from a street or alley and simulating any directional, warning, or regulatory sign or likely to be mistaken for such a sign or bearing any such words as “danger,” “stop,” “slow,” “turn,” “impound,” or similar words, figures, or directions likely to be construed as giving warning to or regulating traffic”

On the surface, the cops are right. I know that the listener who sent me this story to look into won’t like that opinion.

Sorry, and I appreciate people sending tips, but part of that means I’m going to actually look into it and give you an honest opinion. In my opinion, what the guy did is in violation of the law.

Now one could make an argument that because it’s a sign on the back of a laundry basket lid it’s not simulating a regulatory sign because most signs aren’t like that. Like the cop said, you can make that argument in court and maybe that’ll win over the judge, but understand the impetus for the law.

We don’t want Joe Schmoe &#8212 or Daniel Gehlke &#8212 someone who isn’t authorized to direct traffic, being mistaken for someone doing just that. That poses some dangers.

Now, that doesn’t mean I think he should have been ticketed. I actually don’t think that. If I were the officer, I’d explain to the guy what part of the sign is inappropriate per this law, and I’d let him change it and stand out there all he wants.

But I’m not a cop.

I’m also someone who has mixed feelings on these types of speed traps.

I’m absolutely grateful when a cop tickets someone for being dangerous on the road; while at the same time, I understand simply breaking the speed limit isn’t always dangerous.

There were cops apparently stationed outside of some Seattle streets in Belltown where, overnight, it seems like SDOT put up new signs saying you have to turn right, when before you could just go down the street &#8212 and people were getting ticketed. That drives me mad. That’s wrong. Show compassion for these people.

So just because I think the cop was right, per the letter of the law, doesn’t mean I think he should have written the ticket.

So in other words, everyone is right and wrong at the same time. How’s that?