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Police "judgement" versus Law

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Old 08-26-11, 09:02 PM
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Originally Posted by CopperCyclist
Have you ever cycled/walked to school with her? Your case will be strengthed a lot if you can say "I've gone with my daughter as shes cycled, and I haven't witnessed any issues with cars manouevring around her".

Don't blame the police for this one. If they've received more than one complaint they have to do something. I get the impression they've come up against a wall not kowing what to do - there are no laws being broken - and so, in a way, passed the buck on again asking for 'advice' (read as a 'decision') from the CPS or the DA.

The root of the complaint is the biggest issue to tackle. Its one of two things:
1. Your daughter really is somehow getting in the way of cars and putting herself in a position you wouldn't like her to be
or
2. Shes doing nothing wrong and you've got some really vindictive school run parents who hate being held up for a few seconds

If I were you I'd want to go with her to school a few times to make sure it isn't 1., and to give me the power of saying that its number 2., and then hell, make a counter complaint to the police about the inconsiderate drivers around school opening/closing time!
I have not ridden with her in a while but I am going to for a few days next week (at a distance behind her because I expect the police to intervene). In my opinion the problem isn't her - the police have freely admitted she rides safely and courteously. What I believe the problem is that there is a school bus and these people cant understand why any child would choose to exert the effort to ride a bike when she could be on a bus.
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Old 08-26-11, 09:06 PM
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Originally Posted by joejack951
Yeah, they can inform the busy-bodies that the young girl is operating legally as a driver of a vehicle. ABSOLUTELY no need to attack the mother of the girl as they've done.
Unfortunately, in todays society, yes they do. If a car driver, not paying attention wipes that girl out tomorrow, and the hadn't done SOMETHING, then its the police force that gets sued. I don't know if its the same in the US, but in the UK if the complaint was made to a single officer, they could actually end up losing their job and facing criminal charges. The excuse of "the complaint was bull", despite its validity, carries no weight to the hindsight warriors of whatever the US equivalent of the police complaints comission is.

After complaints, they did what I think any force would have done. They offered their own advice, and the then sought expert advice (the DA) and passed that on too. The individual officer may not even agree with the DA's advice - I know I don't.

But don't kid yourself that we live in a world where the police are allowed to use common sense. That vanished years ago I'm afraid.
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Old 08-26-11, 09:09 PM
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Originally Posted by BikeMomTn
I have not ridden with her in a while but I am going to for a few days next week (at a distance behind her because I expect the police to intervene). In my opinion the problem isn't her - the police have freely admitted she rides safely and courteously. What I believe the problem is that there is a school bus and these people cant understand why any child would choose to exert the effort to ride a bike when she could be on a bus.
I fully agree with you and suspect the same, I'm just hinting that being able to say that you heard the officers concerns, acted on them by following her to school, and now are completely satisfied that the officers concerns, tough well meant, were misplaced is quite powerful.

Just keep an eye out for the nuisance drivers and get ready to report them, as I suspect its their complaints that have started this!
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Old 08-26-11, 09:11 PM
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Originally Posted by CopperCyclist
I fully agree with you and suspect the same, I'm just hinting that being able to say that you heard the officers concerns, acted on them by following her to school, and now are completely satisfied that the officers concerns, tough well meant, were misplaced is quite powerful.

Just keep an eye out for the nuisance drivers and get ready to report them, as I suspect its their complaints that have started this!
I also intend to use my cycle cam to show the kids that walk home from school unhindered.
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Old 08-26-11, 09:12 PM
  #105  
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Originally Posted by CopperCyclist
Unfortunately, in todays society, yes they do. If a car driver, not paying attention wipes that girl out tomorrow, and the hadn't done SOMETHING, then its the police force that gets sued. I don't know if its the same in the US, but in the UK if the complaint was made to a single officer, they could actually end up losing their job and facing criminal charges. The excuse of "the complaint was bull", despite its validity, carries no weight to the hindsight warriors of whatever the US equivalent of the police complaints comission is.

After complaints, they did what I think any force would have done. They offered their own advice, and the then sought expert advice (the DA) and passed that on too. The individual officer may not even agree with the DA's advice - I know I don't.

But don't kid yourself that we live in a world where the police are allowed to use common sense. That vanished years ago I'm afraid.
I'm not sure what part of "completely legal activity" that you aren't understanding. The problem is the misinformed/wrongly informed/ignorant asshats who don't think a child should be cycling alone. This has nothing to do with "common sense." No interpretation of laws is needed here. What the girl is doing is LEGAL. Get over it. The police have no right to try and restrict someone's freedom based on their own opinions and that is what is going on here.
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Old 08-26-11, 09:13 PM
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Heh, I was going to suggest getting a cycle cam for your daughter to, but just didn't as you said in an earlier post about not having much cash!

I think thats a great plan
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Old 08-26-11, 09:17 PM
  #107  
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Originally Posted by CopperCyclist
Heh, I was going to suggest getting a cycle cam for your daughter to, but just didn't as you said in an earlier post about not having much cash!

I think thats a great plan
One was loaned to me for this exact purpose.
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Old 08-26-11, 09:25 PM
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Originally Posted by joejack951
No interpretation of laws is needed here. What the girl is doing is LEGAL. Get over it. The police have no right to try and restrict someone's freedom based on their own opinions and that is what is going on here.
There are plenty of times when police officers can and are called to stop perfectly legal activity - in the UK at least, and I'm sure its the same over there. Examples? (and I'll try to stick to the children scenarios)

1. if we saw a child drinking alcohol in the street, we'd stop them, take the alcohol and take them home. This (against what most people think) isn't illegal in the UK, its only illegal to buy alcool under 18, not to consume it. However, bearing the risks in mind we would restrict the liberty of that child to take them home,
2. Children swimming in a dangerous river. Not illegal, but clearly unsafe. Police would intervene and advise.
3. If someone reported to us that they thought a child was lost, without a parent, we'd speak to the child, and if not satisfied regarding their safety, take them home and advise.
4. If you have a row with your child and they run away from home, you call us to help look for them. No laws broken by them, no illegal action committed - but when we find them we're still bringing them back to you, even if they don't want to come (if we consider your home safe of course!)

When it comes to children, safety is above all else. Whether the children are committing an offence doesn't come into it, we have a duty to act on any call and ensure their safety.

Please don't get angry and assume I'm saying the OP shouldn't let her daughter ride to school, I am not saying this in anyway - just trying to point out the root of the problem was the complaint, and explain the reasons behind some of the police action.
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Old 08-27-11, 02:23 AM
  #109  
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I think that explains the initial reaction fine, but not the follow up... what could only be described as threats.
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Old 08-27-11, 04:15 AM
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Originally Posted by BikeMomTn
Well the chief of police called me back (after talking to the district attorney) And said although she is not violating any laws until they hear from child protective services that if I allow her to ride her bike I will breaking the law by putting her in an unsafe position.
Time for a long email to your mayor at rcurta@charter.net about this incident. Point out that you are documenting the entire situation in case the city ever tries to obtain any Safe Routes to School funding, as the attitude of the police department indicates that such funding would be misused as just free money for whatever street projects they can pretend are relevant to the SRtS program, since they consider it appropriate to harass parents for doing exactly what SRtS is intended to promote.

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Old 08-27-11, 07:44 AM
  #111  
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Originally Posted by BikeMomTn
I have not ridden with her in a while but I am going to for a few days next week (at a distance behind her because I expect the police to intervene). In my opinion the problem isn't her - the police have freely admitted she rides safely and courteously. What I believe the problem is that there is a school bus and these people cant understand why any child would choose to exert the effort to ride a bike when she could be on a bus.
OK while I do encourage you to ride along... as I stated earlier, a bit of exercise might also do you some good, I do see yet another issue arising from this.

I am a 41 year old woman of 5 kids
Are you leaving 4 other kids at home unattended? CPS and anyone that has formed any sort of agenda against you will jump all over this. Do you have a friend that can sit with the kids just to ensure that "the authorities" don't go crazy trying to "flank" you in this situation.
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Old 08-27-11, 08:13 AM
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Originally Posted by BikeMomTn
Yes I am a single parent but that makes NO difference whatsoever. I am NOT violating any law on the local, county, state or federal laws by allowing her to ride to school. It to a LARGE degree about her bike because the children that walk home are not suffering this harassment. The basis of the investigation was because of complaints received about a small child riding her bike to school AND that this child was causing motorist to have to maneuver around her. That is the basis of the entire investigation, including the child protective services and the DA office. Please explain to me HOW that is not a cycle issue?
io
again this is the school
https://g.co/maps/upqd
OK. I read in your post that the police officer said ride or walk is a problem. That's all I had to go on. If they complain about her on the bike that's different. Did the police say walking is a problem or not? Conflicting info has been posted, I can't tell. I read walking or riding is a problem. That seems to mean both.

Originally Posted by BikeMomTn
Well the chief of police called me back (after talking to the district attorney) And said although she is not violating any laws

until they hear from child protective services that if I allow her to ride her bike I will breaking the law by putting her in an unsafe position.
Apparently if child protective services say so you could be violating a law. I can't tell. But they were not clear with you in the first place. It's conflicting to you and me.

Originally Posted by lostarcitect
The OP said the officer did not say any such thing. Do you really think people should blindly follow authority like that?
I'm not suggesting blind following. I'm pointing out the police are likely right if they say that. I would go on line and check the law before challenging it. It was posted here that she could be breaking the law. Not my words. But it is not really clear, that's not a forum problem, I think they are giving her conflicting info. It's not us or her, what she is being told is not totally clear. I guess childrens services has to make that call.

Last edited by 2manybikes; 08-27-11 at 08:45 AM.
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Old 08-27-11, 08:44 AM
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Originally Posted by CopperCyclist
There are plenty of times when police officers can and are called to stop perfectly legal activity - in the UK at least, and I'm sure its the same over there. Examples? (and I'll try to stick to the children scenarios)

1. if we saw a child drinking alcohol in the street, we'd stop them, take the alcohol and take them home. This (against what most people think) isn't illegal in the UK, its only illegal to buy alcool under 18, not to consume it. However, bearing the risks in mind we would restrict the liberty of that child to take them home,
Literally standing in the street and drinking? I would think that you have laws like the US that prohibit pedestrians from blocking the road. I'm also a bit surprised about what you are claiming regarding the laws governing alcohol consumption. I've only spent a few weeks in the UK and several years ago at that. I recall the legal drinking age being 16 at the time. I don't recall any mention of an age requirement for buying alcohol.

Originally Posted by CopperCyclist
2. Children swimming in a dangerous river. Not illegal, but clearly unsafe. Police would intervene and advise.
Without some sort of law governing the action (in contrast to cycling on the road), some opinion would be needed. Whether a river is too dangerous to swim in would depend on a lot of factors, unlike cycling on the road which is always legal regardless of road design or traffic density or traffic speed..

Originally Posted by CopperCyclist
3. If someone reported to us that they thought a child was lost, without a parent, we'd speak to the child, and if not satisfied regarding their safety, take them home and advise.
A child cycling to school is clearly not lost. The police in this situation way overstepped their bounds. I see it as the equivalent of returning a child home from the neighborhood playground.

Originally Posted by CopperCyclist
4. If you have a row with your child and they run away from home, you call us to help look for them. No laws broken by them, no illegal action committed - but when we find them we're still bringing them back to you, even if they don't want to come (if we consider your home safe of course!)
I hope you can see the difference between a parent requesting police assistance and some busy-body calling in about "dangerous" child behavior.

Originally Posted by CopperCyclist
When it comes to children, safety is above all else. Whether the children are committing an offence doesn't come into it, we have a duty to act on any call and ensure their safety.

Please don't get angry and assume I'm saying the OP shouldn't let her daughter ride to school, I am not saying this in anyway - just trying to point out the root of the problem was the complaint, and explain the reasons behind some of the police action.
You might be trying to explain their actions but nothing you have said justifies their actions. If the police felt that traffic on the road was causing a safety issue for the child cyclist, they need to control the traffic, not the cyclist. That is their duty, not to play concerned parent of someone else's child.
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Old 08-27-11, 08:57 AM
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Originally Posted by BikeMomTn
Yes I am a single parent but that makes NO difference whatsoever.
Of course it makes a difference. I knew you were a single parent, but, I thought it was more polite to ask instead of tell you I know. I guess it does not matter. It's easier to have the kids at home watched while the other drives one kid someplace with two parents. It's constant problem. You can say whatever you want in response to this post, but I know this is a problem.
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Old 08-27-11, 09:07 AM
  #115  
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I used to walk to school several miles when I was in first grade. I never rode my bike - we walked.
I wish I had a bike to ride back then.

Im curious - did he give specific reasons that made him think it was unsafe?
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Old 08-27-11, 11:07 AM
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Originally Posted by 2manybikes
Of course it makes a difference. I knew you were a single parent, but, I thought it was more polite to ask instead of tell you I know. I guess it does not matter. It's easier to have the kids at home watched while the other drives one kid someplace with two parents. It's constant problem. You can say whatever you want in response to this post, but I know this is a problem.
At first I was unsure what the relevance was of whether or not she was a single parent. Now I am just confused on the definition of a single parent.

Originally Posted by BikeMomTn
Yes I am a single parent but that makes NO difference whatsoever.
Originally Posted by BikeMomTn
Well my husband talked with the officer at the school this morning who says they have been receiving 'complaints' about a young child riding to school and back (remember this is a distance of 1 mile).
After reading the post above how did you know she was a single parent?I have never heard of someone who is married, regardless of whether the husband is the biological father, be referred to as a single parent. Either way, it seems from her post, as if another adult is somehow involved in this situation.

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Old 08-27-11, 01:56 PM
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Originally Posted by NYgreyrider
After reading the post above how did you know she was a single parent?I have never heard of someone who is married, regardless of whether the husband is the biological father, be referred to as a single parent. Either way, it seems from her post, as if another adult is somehow involved in this situation.
Good catch, I missed the mention of the husband. The post are getting very long (mine included). I'm confused now too.
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Old 08-27-11, 02:50 PM
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I think she 'means' that she is a classic stay at home mother, with the husband gone much of the day. I am a stay at home dad, and while my wife was working one job, she would leave at 5 in the morning and get back at 7 at night, and it was much like being a single parent.
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Old 08-27-11, 04:18 PM
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Originally Posted by sathor
I think she 'means' that she is a classic stay at home mother, with the husband gone much of the day. I am a stay at home dad, and while my wife was working one job, she would leave at 5 in the morning and get back at 7 at night, and it was much like being a single parent.
There is a big difference between feeling like you are a single parent sometimes and saying you are a single parent. I work a 120 miles from my work and can't come home every night but my wife has never referred to herself as a single parent. I had 11 years in the Army with several deployments and never once heard any spouse call themselves a single parent. Not for nothing but if my wife said she was a single parent I would be offended and I'm sure a few single parents would be too.

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Old 08-27-11, 06:16 PM
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Originally Posted by CopperCyclist
As a UK officer, I'd only make this sort of call if I'd just seen your child riding in a manner likely to cause an accident. He stated himself this wasn't the case, so I can't really see that being the issue.

I'd therefore assume his problem is the 10 year old travelling to school unsupervised, rather than the cycling aspect. This is further backed up by his quote of "it'd be different if she was 14 or 15". We are therefore into the realms of grey area of what age a child can go to school unsupervised. There is no age prescribed in UK law for this, its a (wait for it) judgement call!

The officers given you his advice. My advice to you would be to do as you have, and make your own informed choice. You certainly don't come across as an uncaring mother, and won't have a thing to worry about when it comes to Child Protective Services.

Lastly, it may not have been meant to be a threat about CPS. If its the same over there as it is in the UK, its probably arse-covering rules that mean he HAS to put a report in, purely to avoid any comeback on the police if something did happen later. I can promise you I've had to put plenty of reports into our version of CPS, Social Services where I've stressed that its a loving/caring family with no issues etc. Pure paperwork exercise.

So if I were you, I'd simply thank the officer for his concern, acknowledge it, but explain your views as you did above, then forget about the whole incident.
From the way that the OP told it sounded as if the LEO in question was doing more then CYA. It sounded as if he was truly threatening the OP with CPS. Even though the OP nor her daughter did anything wrong. As the LEO in question even admitted that the child was riding both safely and legally.
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Old 08-27-11, 06:18 PM
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Originally Posted by contango
If the OP is an oil baron, a hedge fund manager or a dot-com billionaire then their kid is an obvious target. If they are an average mother living an average life then their child is no more likely to be abducted riding their bike than they are playing in the school field or going round to see a friend.

Perhaps the key question here is what age does a child have to have attained before being outside without a parent watching over them is considered a safe thing. Let's face it, if two or three heavy guys wanted to kidnap an average adult from their bike they could probably do it.
+1,000,000
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Old 08-27-11, 06:28 PM
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Originally Posted by genec
Of course you could "drive" her to school by riding a bike along with her... heck the exercise might be good for you too.

I generally agree with you... I am merely offering suggestions to get the busy bodies off of your back. On the flip side... if these folks do see your daughter, perhaps they are actually watching out for her.

Used to be that the "village" watched out for each other, and neighbors talked and knew one another.
I agree, when I was growing up, we knew pretty much everyone who lived within I don't know what distance from my house. And anytime there was a crash (I lived on a major road) we ALL came out to see what had happened and to offer any aid that we could.

Nowadays it seems like if the car isn't crashing into someone's front room they could careless as to what's happening.
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Old 08-27-11, 06:33 PM
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Originally Posted by BikeMomTn
Well I talked with the 2nd in command at the police station who is now (different from the officer) telling me they are worried about her being abducted. I politely reminded him she could be abducted from my front yard or between here and the bus stop realistically and this is a risk every child faces every day in all places.

He went on to say he would look into this and if child protective serves says I'm wrong blah blah blah but that isn't too much of a concern to me because there is no law being violated and I am certainly not expecting her to ride in unacceptable conditions. I will keep y'all updated as to what happens with this situation for sure.
Please do, this sounds like an abuse of power on the LEO and the schools part. A 10-year old boy or girl should be able to walk or ride a mile to and from school (weather permitting). Maybe you should ask if your child was a boy if there'd be a problem or not? As Genec has suggested, maybe you can join your daughter on her ride. Maybe not everyday, but every other day or so.

I think that there was an article posted here a while ago about another mother who was also threatened as you were because she allowed her son to ride his bike to-and-from school. I think (IIRC) in that case she also rode with him, but was still being threatened.
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Old 08-27-11, 06:51 PM
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Originally Posted by thdave
That officer was an ass, but I suspect it stems from the ass who called in a complaint. Still, that threat was way out of line and I'd visit with the police chief.

BTW--it is a bad idea to contact child protection services. They are not there to judge your parenting methods unless you neglect your children, which you clearly aren't. Key to this whole this is fitness.

I hope one day your daughter can find a friend to ride with, and then more friends and finally, in the end, change the mindset of your community.
Or maybe the OP and her husband can find out if there are other parents with children along the route who would also like to allow their children to ride to school. And they can form a loose group for that purpose.
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Old 08-27-11, 07:02 PM
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Originally Posted by NYgreyrider
True, however it is the stranger abductions that are the most dangerous for the child.

From the amber alert website:



Just because it doesn't happen often doesn't mean there is no reason for concern. To this day the county I live in and the surrounding counties are still in shock over a child abduction that occurred under very similar circumstances to what this officer is addressing.
Here is an excerpt from the case I'm talking about: Sara Ann Wood, Wood was last seen riding her pink and white ten-speed mountain bicycle to her family's residence on Hacadam Road in Frankfort, New York on August 18, 1993. She was returning from Norwich Corners Church on Roberts Road and Gaffenburg Road in Frankfort, where she attended summer Bible school. The church was less than a mile from her house. Wood picked up some posterboard, a church song book, and some 8-by-10-inch plastic transparencies at the church before heading home. She apparently made it safely down Roberts Road and was last seen pedaling up a steep hill on Hacadam Road, four-tenths of a mile from her residence. Wood's bicycle and the supplies she'd picked up were discovered in an area of brush several hundred feet off of Hacadam Road later in the evening. The bicycle was leaning against a tree and the supplies were scattered nearby. Lewis Lent,suspected serial killer and child abductor, would later admit to Wood's abduction an murder.

Just because something is extremely rare doesn't mean steps to avoid is shouldn't be taken or at the very least suggested. I am all for any legal action that police can take to prevent an incident like this from occurring again. In this case it seems the officer informed the parents of a potential safety risk. It appears the message was not delivered clearly or properly and seemed to condemn instead of properly inform. That's a shame because what could have been an important message has been interpreted, by some, as a meddling, bored police officer abusing his authority.

In the end, as it appears no laws are being broken, it is a judgement call for the parents to make. Every parent must find their own balance between living with fear and living. As a parent, if I were the OP, I would just consider the officer's opinion as just that an opinion. I would give his opinion the weight I felt it deserved in the future and adjust my decision according to my best judgement with the additional information I now have.
There is being protective and then there is being overprotective. Kids need room to be kids and to grow. Yes, as remote as stranger abductions are parents still need to be aware of them. But not to the extent that they're afraid to let their kids be kids.

Probably at least half of what I used to do as kid would get parents investigated by CPS or law enforcement. We had a LOT more freedom when I was a kid then it seems that most kids have these days.
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