CHP motorcycle Officer Jay Brame is being sued along with another officer and the CHP in federal court in Sacramento by Harrison Orr for civil rights violations, including elder abuse. The 78-year-old man was arrested after being pulled over for allegedly driving too slowly, making an unsafe lane change, and “drifting” during a traffic stop in 2013. The officer told Orr he suspected him of driving under the influence and put him through a series of field sobriety tests, despite the man explaining that he had problems walking in a straight line due to the after-effects of a stroke years earlier.
Despite passing the breathalyzer test, Brame arrested Orr on a DUI charge. A struggle ensued when he attempted to handcuff the motorist and a second officer, Terry Plumb, punched Orr in the stomach, knocking his feet out from under him and causing him to fall to the ground. After being cleared at a substation of being under the influence of any drugs or alcohol, Orr was booked into jail for resisting arrest with prosecutors later dropping the charges.
Officer Jay Brame is defending himself on the belief that CHP officers are pressured to issue tickets and must hit a monthly quota. So he felt pressured to meet his quota.
Now of course the CHP saying is and never was any quota for officers (which is against the law).
State Vehicle Code makes it clear the concept is illegal. "No State nor loal agency employing peace officers or parking enforcement employees.....may establish any policy requiring the employees meet an arrest quota"
Now one would think Officer Jay Brame hasn't a leg to stand on....right?
Not so fast! The CHP isn't very smart it would seem.
Officer Jay Brame had a copy of a evaluation report he gave the courts as evidence.
In it it stated
“You have averaged five enforcement contacts per day for the first 15 days of the month, this is well below the shift average and not acceptable for a (motorcycle),” one evaluation introduced as evidence stated. “You will need to pick up your enforcement activity the second half of the month and use the (motorcycle) for what it is intended to be used for.”
If this isn't considered a quota then I don't know what is......