Yesterday I met a guy at a bar who told me his tale of woe.
On his way into Manhattan with his girlfriend, they both squeezed through a subway turnstile, paying only one fare in the process. The pair was nailed by a trio of undercover cops who issued them each a summons (at $50+ per, btw).
This struck me as wrong. Sure, a crime was committed (theft of service, I assume), but how could that apply to both of them? After all, one fare was paid in full. IMO, that should protect one of them from a fine. (Which one, of course, is a tough call. The cops would need to be somewhat arbitrary, I suppose, in choosing the summons recipient. If it were up to me, I’d simply say the person who is in front is the fare-payer, and the squeeze-behinder is the fare-evader.)
When I asked the guy why they gave them two tickets, he speculated that since they were both “accomplices” in the crime, they both got written up.
I dunno. It still stinks to me – but I’m no cop or lawyer (or criminal). So I thought I’d throw it out to the more learned types here on the SDMB. Were the cops correct? Would/should a judge throw out one of the tickets if they use my argument? How does the law treat a case like this?