Oh did that say “Preventing”? Editorial mistake. “Committing” is the word we’re looking for here. That should be, “Recent Instances of Police Committing Sexual Assault.” Obviously.
Late last year, San Antonio police officer Jackie Neal was charged with felony sexual assault for handcuffing, groping, then raping a 19-year-old while on duty. He stopped the woman and claimed her car had been reported stolen. He then forced her to the back of his squad car and raped her. (More here).
In another instance late last year, Kim Nguyen, a student at Loyola Marymount University, filed a lawsuit against LAPD, alleging she was sexually assaulted by police officers. Ms. Nguyen was standing on the sidewalk with friends on March 17, after a night of drinking, when accosted by LAPD officers David Shin and Jin Oh. The officers singled Ms. Nguyen out, handcuffed her, placed her in the back of squad car. She testified in deposition that the officers sexually assaulted her.
She ultimately was tossed out of, or fell out of the moving squad car. Ms. Nguyen woke up after a six-day, medically-induced coma. She underwent several jaw surgeries and lost all her teeth. More here, here and here.
The San Jose Mercury News reported in March that Patrolman Geoffrey Graves raped a woman who was staying in a hotel because she had been arguing with her husband. Graves was booked on suspicion of one count of forcible rape. However, he spent no time in custody, as he posted the $100,000 bail. He is currently on paid administrative leave (paid vacation for a rapist who turned himself in). More here and here.
In another instance last month, a Detroit police officer Deon Nunlee was charged with sexually assaulting a woman while responding to a domestic violence call. Upon the reported rape, Nunlee was placed on administrative leave. After results from the rape kit returned, Nunlee was suspended without pay. More here.
In late March, San Diego Police may have fallen short of the legal definition of sexual assault, but nevertheless harassed naked women in a vile and perverted manner. Three officers with bulletproof vests and guns charged a strip club in San Diego, allegedly to ensure strippers were complying with licensing requirements. The officers held dancers against their will for some 3 hours, and photographed them – purportedly in an attempt to check permits. More here and here. Feel safer now?
This is not much of a surprise, considering the data suggesting cops are three times more likely to commit sexual assault than everyone else. While some may be optimist that a couple of these rapists were actually charged with a crime, it would be naive to be too hopeful.
In the latest incident to come to light in what would generously be called an incompetent police department, Waukesha PD’s SWAT Sgt. Gregg Satula is accused of showing up at the home of his wife’s lover, armed and holding his holstered gun, threatening to kill the man and his own wife. The PD’s cover-up machine apparently took effect within minutes of a 911 hang up call and continues to this day.
According to an anonymous source familiar with the incident:
Gregg Satula showed up off duty at Todd Kraine’s (name changed) house to confront him about an affair with his (now ex) wife Waukesha PD officer Jessica Satula-Trucksa. Satula pulled his green Prius down the street from Todd’s house and Todd called 911. He was startled by Satula approaching his house and hung up the 911 call. Satula then approached Todd’s front door while holding a holstered silver .38 special with approximately a 2″ barrel and a laser sight while yelling and demanding entry into the home. Todd grabbed his own 9mm for protection. Satula was yelling and stated something along the lines of, “I’m on the Tactical Team and I can put a bullet in your and my wife’s head.”
The 911 hang up call was plotted by cell tower to Todd’s address and WPD officer Michelle Enderle was dispatched. She saw (her current direct supervisor) Satula standing at the door and was told it was taken care of and not to include his name on the report. Enderle falsely entered info into the WI State CAD system stating she made no contact. Satula filed for divorce the next day.
Months later, Todd contacted Deputy Chief Dennis Angle to file a complaint about the incident by phone and requested documentation. Dennis Angle refused to document this incident as noted below.
Here’s the email exchange from 8 months after the incident after Todd tried to file a verbal complaint.
- - -
4/15/13 Todd wrote to Deputy Chief Dennis Angle:
Dear Mr. Angle: I spoke with you about a month ago with my concerns over Sgt. Satula and officer Trucksa. I would like to get a copy of that report for my court case. Is this something I can procure via email or pick up in person at the station? Please advise.
4/16/13 Dennis Angle responds:
Mr. Kraines, I did not leave a report based on our conversation.
4/16/13 Todd writes:
Mr. Angle, I thought I stated that I wanted those incidents documented? Perhaps there was a misunderstanding?
4/16/13 Deputy Chief Angle writes:
There was no misunderstanding when I spoke to you. We spoke about the computer aided dispatch call (CAD) that documented your call to the police department. That document is attached to this e-mail. However I did not, nor plan to, draft any report documenting our conversation.
Deputy Chief Dennis Angle is personally named in the above described “Beat and Delete” Federal Lawsuit pertaining to La Favor‘s beating. Angle once described to me how sometimes officers have to make up their best guess as to what happen then write it as fact on the report. As seen in the emails, he’s shameless and deliberate about his aversion to even document Todd’s complaint. Perhaps he’ll do a better job if he wins the lawsuit he and “eyes wide shut” Police Chief Russel Jack have filed against Waukesha. They claim they should both be paid more than their current rate of $14,000 per month.
Or perhaps Angle will get his act together now that Waukesha PD squads are equipped ALPR systems which, along with several area departments, boasts a database of over 7 million “stored plate reads” saving the GPS location, time of day, and photo of car/driver etcetera for at least 1 year. It’s likely also shared with the Milwaukee Federal “Fusion Center.” The cited database covers around 250,000 drivers while only 6 million people live in WI. ALPR has been outlawed in NH and similar laws are working their way through other states’ legislatures.
Then there’s Officer Michelle Enderle. Her CAD (computer aided dispatch) entry was made about 2 minutes after arriving on scene at the 911 hang up call and her entry stated the party had left. She likely wanted to get out of the situation ASAP then lie on this state database which could probably land her in a jail cell. Enderle was also present for a not yet released conversation between her, Officer Darin Wittnebel, and Officer Jeremy Bousman in which Bousman is heard laughing, almost hysterically, about dumping evidence in the Kevin J. Noe case (marijuana plants) on Owens Drive which is a small road behind the PD in Waukesha. She’s also facing some other very serious allegations from another incident which I’ll go into detail about this summer.
Prior to publishing this story, I requested comment from Waukesha PD’s Public Information Officer Captain Ron Oremus regarding the allegations (as well as Satula and Angle.)
Here is his response: Your email has given us information that is contradictory to the information we received a year and a half ago about the situation involving Sergeant Satula and Todd Kraines. We will be investigating this new information.
But Waukesha Police Department’s SWAT Sgt. Gregg Satula placed a little American flag on top of his mountain of damning evidence.
On 8/13/12 (the day after the incident and the day he filed for divorce from Jessica Trucksa) Sgt. Satula sent this to Todd from his personal email which is firstname.lastname@example.org:
I guess in some strange way I appreciate you taking the time to talk to me and explain your side. I don’t have any reason to believe you lied to me. You don’t have to fear me any more. I’m never going to stop by or call you again. I’m not going to check if she’s there. If for some reason you have a question for me, I’ll answer.Take whatever you want from this mess. I hope you don’t believe her lies anymore. And if you ever go after a married woman, pray that they have the self control that I do.
Apparently Gregg Satula feels that going to a man’s house with a gun (and invoking his official capacity as a SWAT Sergeant) and threatening a man’s life is self control. I tend to disagree.
Town of Brookfield WIPolice Department sits just to the East of Waukesha and shares a jurisdictional border. TOB is 99.999% white and houses the upper middle class (along with hundreds of 1 million plus dollar homes) in suburban Milwaukee. TOB includes a 1/2 mile section of Moreland Boulevard just west of the eastbound I-94 on ramp to the Brew City. It’s a great place for all cops near and far to tax “out of town-ers.” I refer to where my friend was stopped as “The Gauntlet, where black people come to learn about racial profiling.”
In February around quarter to 5, a personal friend of mine we’ll call J got off the bus on his way to work a 12 hour shift as an assistant manager at a local restaurant. It was still broad daylight and he was walking the half block from the bus stop when he was stopped by Field Training officer Steven G. Thompson and his apparent trainee (hired in Feb. of 14) Antonio Dominguez. Thompson demanded ID which was given under duress by my friend (and fellow cop-watcher) while he adamantly asserted that his rights were being violated. Thompson proceeded to unconstitutionally pat J down for weapons (drugs.) Nothing was located but of course Thompson had to make it look good on paper.
He fabricated an incident report which included the “you’re violating my rights” quote but stated he was given consent for both searches. He also reported that the area has a lot of vehicle break ins. The corner in question is overrun with cops from Town of Brookfield, Waukesha PD, and the Wisconsin State Patrol Milwaukee Outpost which is located 200 yards from the field interrogation. I asked police chief Chris Perket to provide some area crime stats to back up the high crime area claim 5 days ago. He didn’t.
Thompson decided to toss one more lie on the official (probably sworn) incident report. He claimed J has prior convictions for burglary and trespass. This is false. You’d think he’d at least lie about stuff that couldn’t be dis-proven but perhaps his lies have gotten him through the past decade with such little resistance he no longer considers them.
Town of Brookfield Police Chief Chris Perket declined multiple requests for comment on these allegations.
Most of the regular readers to this site are probably aware to Cliven Bundy and the situation his family is currently facing in Nevada. For those unaware read this submission to CopBlock.org posted earlier today or this piece written by Christoper Cantwell titled, “5 Things the Bundy Ranch Teaches Us.” If that doesn’t work, use Google to get caught up on the this insane situation.
My blog post today is NOT a background story to help you understand the standoff. My post here won’t be a call on action (though I believe as many people who can, should get to the Bundy’s Ranch) or a solution to the problem, I believe even if I had those, it’s not my place. How this interaction between government agents and the Bundy’s ends, is up to them.
What I want to do, is ask you a simple question. As the world watches another perfect government storm unfold, with all the similarities of Ruby Ridge and Waco, have you ever thought about what you would do of (but more like, when) the government pushes you to your breaking point? In the words of William Wallace (played by Mel Gibson in Braveheart), “Will you stand up and fight? Or will you run?”
Now I can already predict the responses from my friends, the CB trolls and most any statists. Yet, I urge you to really think about this. Sadly we live in a world where government agents regularly (whether as a mailman, censuses worker or full on swat team) come to your door (most the time under the pretense of helping you) and end up either taking everything you have and if you don’t give it to them, they’ll back you into a corner. Afterwards, they’ll blame you for fighting your way out and justify the overwhelming slaughter that will follow. Regardless of the outcome you should seriously consider your options if the man decides to take certain actions toward you. Don’t leave yourself with only two options, fight or run, when men with American flag patches and AR-15′s show up at your door. Being caught off guard and without a plan of action is a recipe for certain slaughter.
I wish the Bundy family the best. I hope the men in costumes who go out there to enforce these BS laws quit their jobs or prepare to risk their life for a paycheck. I’m sure the Bundy’s have more to fight for than just (worthless paper) money.
Bill Williams shared this post via CopBlock.org’s submit page.
Apparently police are becoming so aware of citizens standing up for rights that they’ve set their sights on minors. I stumbled across this article this morning about cops setting up stings in a local high school.
Parents/guardians were never notified that underage kids’ lives were jeopardized to catch another minor for selling flowers from a plant – probably because they know that no parents would ever go along with it. So to help perpetuate the alpha stereotype, these kids were intimidated and coerced to play along for fear of corrupt cop retribution. The article doesn’t even mention which police department was involved, but I’m sure we can call upon the masses to investigate and make some folks aware.
Racca is said to have enlisted the two students’ help without the consent of their parents or the police. Furthermore, Racca reportedly failed to tell either student that the plan was illegal; the students assumed Racca was authorized to conduct her plan.
On March 11, 2014, the two students filed a lawsuit against the Clovis Unified School District. In the civil complaint, the students were identified under the names of John Doe and Mary Roe.
The students are seeking unspecified monetary damages on the grounds of negligent supervision, false arrest, humiliation and intentional infliction of emotional distress.
In the lawsuit, Racca, 36, was listed as a Clovis North counselor; at the time of the alleged incident, however, she was a campus safety monitor. Racca apparently never notified police of her plan, and had neither the authority nor the law enforcement background to conduct a drug investigation.
Racca allegedly gave money to Mary and recorded the bills’ serial numbers to link them to the drug seller. Mary’s friend John agreed to help her if, supposedly, Racca would in return help them get an expelled student reinstated into school. Racca reportedly agreed.
John then used the money to buy marijuana from a student on campus; Mary photographed the transaction. The students later turned over the marijuana and the photograph to Racca.
According to the Fresno Bee, neither the school nor the police notified the students’ parents. School officials and police reportedly failed to advise Mary of her right to a lawyer, as well as of her right to refuse to answer potentially incriminating questions.
School officials and police officers called John into a conference room, advised him of his Miranda rights, and proceeded to question him. His pleas to contact his father were apparently ignored, and he was not allowed to leave the conference room.
Days later, Mary was again called out of class, this time to write an incident report about the drug purchase. The lawsuit states that Racca pleaded with Mary to retract her statements about Racca “orchestrating the sting operation.”
Student Services counselor Wesley Flowers also allegedly encouraged Mary to lie about the event so that “Racca would not be subject to criticism by her superiors.”
Fresno attorney Stephen R. Cornwell, who represents both students, has referred to Racca’s requests as “outrageous.”
The lawsuit claims that Racca failed to consider that the plan would “potentially expose Mary and John as witnesses … and subject them to ridicule and harassment by other students and potential physical harm by drug-related gang groups.”
Mary and John currently remain students at Clovis North. However, because some students speculate that they are snitches, John and Mary have expressed fear for their safety. Racca now works part-time “in a sub capacity” for the school district.
I’m not sure what to file this under, or if it’s even appropriate for your site. However, I think it does point to the development of a police state in America.
A local TV station ran a story about the St. Patrick’s Day parade held in Portland, Maine, on 3/16. Prominent in the story was this fact, “Transportation Security Administration officers were visibly guarding the parade route.”
That struck me as odd. The parade was not held at a bus terminal, train station or airport. Why were federal agents guarding a local parade? What business does the TSA have guarding a parade, especially since TSA agents are not trained in police methods or crowd control techniques. Most of them are barely high school graduates.
Have you or any of your associates encountered TSA guarding non-transportation events before? Is this another step toward a national police force and a police state? Another brick in the wall?
Troy, New York is home to a legally insulated street gang that has drawn increasing attention for their history of violence against the civilians. In early 2014, these issues were brought to a head when surveillance footage captured in the Kokopellis night club showed multiple police officers using baton strikes to the head against individuals who do not appear to be offering any physical resistance. With no allegations of the use of weapons or other hazards by the parties being assaulted by the police, officers in this case use what can potentially result in death or serious brain damage in an unwarranted show of force. Incidents involving the use of violence by police against non-aggressive individuals have been documented by the Troy Community Alliance Against Police Brutality, in an article wherein the author concludes, “…Troy Police use deadly force as standard practice against unarmed people of color, in situations where the threat level is inappropriate to justify such tactics.” Before an investigation into the Kokopellis incident could even be organized, the sitting mayor and police chief were quick to provide institutional support to the dangerous individuals wielding badges and weapons on behalf of the city.
Fortunately, there are those in the community who are standing up and speaking out. A playlist organized on the BreathingPlanet youtube channel features footage from panels, public forums, and other discussions being fostered in response to the visible violence exposed in recent months. For those outside of the community looking to pressure Troy Police into taking responsibility for their official actions a petition has collected 774 signatures to date on Change.org, and public contact information for the department is listed below: Troy Police Department – Main Station
55 State Street
Troy NY 12180
Non-emergency phone: (518) 270-4411
In the latest move by Waukesha PD to further separate Citizens from their basic human and constitutionally enumerated rights, Chief Russel Jack has declared that Waukesha cops may stop and detain community members simply for filming them. Despite numerous rulings from State, Federal, and even the US Supreme Court (by inaction,) Jack has declared that, at least in this city, The Courts’ determinations are irrelevant.
June 26 I was hitting it hard. By 2:30 I had footage from 4 or 5 incidents and was getting ready to call it a night when I saw 5 or 6 police cars at South and Clinton. As I was pulling in to a public parking lot a large group of cops headed my way. I had been filming quite a few police scenes the weeks prior and although I’d been harassed and intimidated a few times, I’d not been detained for filming Waukesha cops.
One of the five officers to detain me, Officer Katrina Frey, asked if I had permission to park in the (public) lot declaring it private. She told me I needed to produce ID which I did. The cop with the glasses, later identified as Jeremy Bousman, was rather aggressive looking and had his hand on his gun. The video above shows what happened next.
Officer Frey wrote on CAD, the police database;
Timothy was observed copious amounts of times by multiple officers driving around in parts of the city throughout the evening and morning hours. He drives a moped and is out solely looking for police contacts so he can film them and insight problems. Wears camera around his neck. He stated he is “doing a story.”
I filed a complaint two months ago which was assigned to Sgt. Gregg Satula. He tried tirelessly to convince me to come in. He went so far as to suggest that he needed to meet with me in person, preferably in a room at the PD, because he couldn’t determine if I was really me. I can’t imagine many people secretly file citizen complaints on behalf of others.
We set up a time to speak by phone and he called (he looked up my number in the government database.) I asked him if he believed it was “me” and he stated he recognized the voice. He was determined to get me into the PD for a quasi interrogation. He stated to perform the investigation he’d need a written complaint in addition to my 1st written complaint. I guess they want two written complaints per complaint. I told him he’d have to go off my brief and precise document submitted as there was nothing more to say. I told him I felt it would be difficult for him to impartially investigate this complaint due to the “Blue Wall” and the fact that I felt his loyalties lie with his co-worker. “My loyalties lie with the organization” Satula said. Indeed sir.
Police Chief Russel Jack responded today with the following;
After a deliberative examination of the facts in this incident and a thorough review of all reports, no misconduct on the part of the officer has been found. We find the officer’s action to be appropriate and reasonable; well within the bounds of the law.
Based upon these findings, your complaint is officially unsubstantiated.
The Courts tend to disagree with Chief Jack. From HuffPost…
It’s the second federal appeals court to strike down a conviction for recording police. In August 2011, the U.S. Court of Appeals for the 1st Circuit ruled that a man wrongly arrested for recording cops could sue the arresting officers for violating his First Amendment rights.
That decision also found a broad First Amendment right to record on-duty government officials in public: “Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting ‘the free discussion of governmental affairs.’” And in fact, in that it strips police who make such arrests of their immunity from lawsuits, it’s an even stronger opinion. Of course, the police themselves rarely pay damages in such suits — taxpayers do.
The Supreme Court’s refusal to grant certiorari in the case doesn’t necessarily mean the justices endorse the lower court’s ruling. But it does mean that at least six of the current justices weren’t so opposed to the ruling that they felt the case needed to be heard.
Waukesha Police Chief and Deputy Police Chief Sue Waukesha Taxpayers
These two members of “Waukesha’s Finest” are suing us for nearly $45,000. In addition to other claims, these financially struggling public servants want annual raises of almost $6,000(Jack) and $2,500(Angle.)
Let’s take a look at the numbers (According to Sue Conway of City of Waukesha HR)
Chief Russel Jack 2013 (rounded)
Base Salary $121,000
Paid Hours 96 * $58/hour $6500
Vacation 192 * $58/hour $11,000 (1 month and 1 week per year)
Personal Days 16 * $58/hour $900
Holiday 72 * $58/hour $4200
The taxpayers also pay Jack $2600/year for not buying health insurance.
Total $165,000 per year
Deputy Chief Dennis Angle 2013 (rounded)
Base Salary $107,000
Sick Days 96 * $52/hour $5,000
Vacation 168 * $52/hour $8700
Personal Days 16 * $52/hour $800
Holiday Pay 72 * $52/hour $3700
Health Ins. $23,000
Dental Ins. $1,100
Total$168,300 per year
To put this all in perspective, the median household income in WI is $51,000. These two men alone are drawing 1 million tax dollars every three years.
On June 19, 2013 at 2hr session was held at the 10th annual http://porcfest.com called “Eroding the Police State”, which included on a panel individuals active with Cop Block, Cop Watch, and Peaceful Streets. The goal? A reality where the need for these projects is non-existent.
I got home from work, obviously exhausted, at 02:30. I was gathering my things and about to go inside when a wild police cruiser appeared! I was out of the car, reaching in to find the switch to turn the dome light off.
Suddenly, Officer Fich, of the Gladstone PD, turned on his spotlight, blinding my corneas! This put me at a distinct disadvantage should a horde of hungry zombies have wandered around the corner, as I would be effectively blind due to the inability to adjust back to the darkness.
I immediately reacted by ceasing my turning off of the dome light and reached for my flashlight to shine on him. I very quickly realized that he’d probably arrest me for assaulting an officer if I hit him with an LED light beam, so I decided against continuing my knee-jerk light-retaliation. Instead I stood straight and blocked the spotlight with my arm.
He exited his vehicle and turned on his flashlight–yes, you read that correctly. He had his headlights and spotlight shined on me already, but he needed his flashlight as well! He must have night-blindness, or something–and aimed it at me.
I asked, “Can I help you, sir?”
He replied vaguely and gestured to the car, “What’s going on?”
At this point I lowered my guard: I had had an uneasy feeling that he was checking out a zombie, unseen by me, behind me; his gesture put my fears to rest.
[Okay, that’s enough playful banter. The above was what I wrote as soon as I came inside after the incident. I’m using it as an introduction to demonstrate my state of mind after the incident. I was playing it off like it was no big deal, but then I went to work the next day. Twice, random police cruisers zipped around other cars to tailgate me aggressively. They never pulled me over, but they were very intimidating. After kicking the incident around in my head for a few days, I’ve realized how serious it is that these kinds of things, which seem small when there’s no injury, happen, and get brushed off like they’re completely normal. Unjust laws and unlawful behavior only continue if nobody stops them, and if nobody stops them then eventually nobody will CARE to stop them. So, I’ll continue on with a bit more seriousness.
This was not a traffic stop. He pulled up after I was already parked and out of the car. When he got out of the car I asked, “Can I help you, sir?” He said, “What’s going on?” I said, “I don’t know what you mean?” He said, “What are you doing?” I said, “Honestly, I don’t have to answer that, sir.” He said, “The reason I’m asking is because it looks like you’re breaking into this car.” I asked, “With the hood hot, the door open, no broken glass, and my turning off the dome light?”
He thought about that for a moment, quickly looked at the windows with his flashlight, which were intact, but then ignored logic and pressed on.
“Is this your car?” he asked. “I don’t have to answer that, but yes,” I responded, thinking that this one answer would end the contact. “Okay. Can I see some ID?” I said, “No sir, I don’t have to give you that.” “What’s your name?” “I don’t have to answer that, sir.” He became frustrated. “Okay, what’s your first name?” he tried to compromise. I decided to compromise and told him my first name is Trent. He hesitated, so I asked if I was being detained. He said, “No.” I said, “Okay, so I’m free to go?” He said, “Not yet.” So I asked if he had his dash-cam and lapel-mic rolling. He said no, but that another officer was on his way who could be a, “witness.”
As I was pulling out my phone, I asked why I’m not free to go. He answered with, “Because it’s the middle of the night…” which is where the video picks up.
I asked what crime he reasonably suspected me of committing, and informed him that he needed to be capable of specifically articulating his reasonable suspicion that I was breaking a law, just in case he didn’t know. He refused to answer, so I told him that if he couldn’t do that, the situation would turn into an unreasonable detainment. He refused to answer.
I effectively existed in a glaringly incoherent and, unfortunately, ever-growing status of Police Limbo, where I’m neither detained, nor free. Just to reiterate, this status is unconstitutional and illegal.
He asked again if it was my car. I said that I’d already told him it was. He began running the plates, so I told him the name on the registration. The second officer, Hutchinson, arrived. I locked my car and shut the door. Fich asked if I had any weapons, to which I told him I didn’t have to answer. He told me to put my phone down so he could frisk me. I told him he didn’t have any authority to perform a Terry Frisk. I asked if I was being detained or if I was free to go. He said that I’m not free to go, I’m being, “legally stopped.” I informed him that if I wasn’t free to go then I was being detained. I asked him why I was being detained. He walked toward me and I asked him again why I was being detained. He gave the reason of, “suspicious activity.” I asked what the code for that was. He ignored me and grabbed my wrist and forced it behind my back before performing a frisk.
A Terry Frisk requires reasonable and articulable suspicion that the person stopped may be both armed and dangerous, because being armed is not illegal. It must be specific and cannot simply be based on a hunch. There’s absolutely no way he could have believed me to be dangerous. I’d given more than enough information for his investigation to be complete and I was very calm. In no way was I acting suspicious, because the only thing he saw before he got out of his car was me turning off my dome light. Let’s take a look at the prerequisites for detainment and compare them to this police contact: Articulable and reasonable suspicion that a person has committed, is in commission of, or is about to commit, a crime. This means that the officer has to know what crime he suspects you of, and the evidence has to be such that a reasonable person would suspect you of intending to commit that crime. Since the only thing he saw me do prior to detaining me was turn off my dome light, and then assert my right not to answer his questions, we have to assume that, if his suspicions were reasonable, every person who turns off a dome light in the middle of the night is committing a crime. The Supreme Court has ruled that refusal to answer questions cannot qualify as part of the suspicion leading to detainment because it is a fundamental right, and protected by the constitution specifically, so it cannot be taken into account when articulating reasonable suspicion in this instance, either. Is every person turning off a dome light in the middle of the night to be suspected of committing a crime? Of course not. And that is the reason Officer Fich’s behavior is unlawful.
I again asked what code I was breaking. Again, he ignored me. He found my lawful knife (length compliant with law; not concealed) and disarmed me. He asked if I had any other weapons, to which I responded truthfully. He saw my work shirt and, while peering into my car, a pizza box that I brought home. He asked if I worked at the Pizza Hut in Gladstone, to which I said I didn’t have to answer. As I mentioned earlier, because of this, multiple times since then, police cruisers have aggressively picked me out of traffic and intimidated me by tailgating for a few miles before finally driving away. It would be harassment if they actually pulled me over, but they never do. I follow the driving regulations very strictly. It’s just stressful.
He reverted back to topic and restated that he needed to know who I am. I said that he did not. Oregon has no, “Stop and Identify,” statutes, so the only time an officer has the authority to force you to identify yourself is while operating a motor vehicle or if you’re under arrest. Even detainment is not enough for forcible identification. I told him, “You have to be able to articulate exactly which crime you believe, reasonably, that I am suspected of committing.” He said, “‘Kay, I saw you going through this car, the light flickering on and off.” I replied, “You saw me putting my hand over my dome light.” He again asked if it was my car. I again told him the name on the registration. He asked who that person is. I told him I didn’t have to answer, but I was in control of the car under legal authority (which just means that she’s allowing me to drive it). For reader reference, the car is registered to my daughter’s mother, and we live together. Our records are up to date with the DMV. This happened in my parking space at our home.
He again insisted that he needed to see my ID. I again told him he didn’t. He again reiterated and stated that he needed to know who I am. I again told him he didn’t, and that he needs to be able to articulate why I’m being detained, with a reasonable suspicion–he cut me off, ordering me to put my hands behind my back.
He grabbed my wrists and began putting handcuffs on. I asked, “so now I’m being arrested?”
He said, “Nope, you’re being detained.” I replied, “Okay, for what?”
He refused to answer, so I stated that I was now being arrested, which, if lawful, is the only way to forcibly obtain a person’s identity if they aren’t driving. He said, “Now you’re being stupid.”
I asked, “How am I being stupid? Because I know the law? Because I know that you took an oath to uphold the constitution, which you are currently in violation of? Is that how I’m being stupid?” He refused to answer.
With the handcuffs secure, Fich began searching for my wallet (I would have locked it in the car, but he told me to keep my hands out of my pockets while I was locking my door, unfortunately).
I told him, “I do not consent to searches. I do not consent to seizures.” He grunted, “Mmhmm,” in apathetic acknowledgment and dismissal of my rights.
I continued, “You are violating the Fourth Amendment, which guarantees me my right to be secure in my person, papers, property and effects. You have not articulated reasonable…suspicion of why I am being detained.”
He grabbed my wallet out of my pocket, opened it, and began rummaging through it. “You have no authority to go through my stuff,” I told him.
“I’m not searching you, I’m just getting your ID,” he responded. “You’re going through my papers and effects!” I retorted. “Okay,” he acknowledged. “It’s clearly in the constitution that you may not do this,” I offered. He ignored me and walked away with my wallet. I asked the second officer what his name and badge number are. “Hutchinson,” he replied.
“Badge number?” I asked.
“You can get it later; you’re fine,” he replied, refusing to identify himself further.
I asked Fich what his name and badge number are, but he was too busy peering into my windows to answer me. When he returned I asked again.
He said, “My name is Officer Fich; I don’t have a badge number.” He asked what I said the registered owner’s name is and I told him. He asked, “Okay, and do you know how I can get ahold of her to confirm that it’s okay for you to have this car?” Are you kidding? I really tried not to assert the overly-cited Germany reference, but it’s simply too obvious, now. Unless the vehicle shows signs of forced entry, or it’s reported stolen, you don’t need to know anything about it!
He changed course and asked, “Okay, you do live here, correct?” I was going to say again that I didn’t have to answer, but it occurred to me that he stole my ID and ran my information while we’re on the property that it says I live. I was going to offer that all my information is up to date, but I changed my mind when he flared up.
“I–did you look at my ID?” I asked.
“Did you–talk to your dispatcher, and get my information?”
“Don’t ask me stupid questions, okay Trent?” he defensively retorted.
“Then don’t ask me stupid questions,” I shot back.
“Okay. Does she live here?” He asked. “I do not have to answer that,” I answered, my patience waning. “This is already an unreasonable detention. I’m going to complain, that’s why I want–” “That’s fine, you’re entitled to your opinion,” he interrupted. “I’m entitled to the constitution, which is very clear. So are all the supreme court cases saying that this is unreasonable detention.”
He again changed course and said, “You could have made this a lot simpler by saying, ‘this is my name, I live here, and I have permission to drive this car.’” We all know that none of that is any of his business, so I respond with, “I could have made it simpler–” but was interrupted again. “Instead of acting like some shady dude and being uncooperative. Okay? So if you want to make a complaint, make a complaint, okay? This is a Terry Stop. I had reasonable suspicion to believe that you may be committing a crime. Okay? Do you understand?” he finished.
As I mentioned earlier, he did not have a reasonable suspicion. He had a hunch, which the supreme court barred from an officer’s ability to conduct a detainment in the same ruling that gave power to Terry Stops.
So, I obviously said, “No, I do not,” because I can’t understand something that isn’t true. He said, “Okay, that’s fine,” but provided no further explanation of his faulty legal knowledge.
Shortly after that, he released me.
Now, my issue with this whole thing, apart from the obvious disregard for law, is that if in the first place he’d been knowledgeable and truthful about my status of detained or free to go and followed the law, this would have been a consensual stop, and I’d have been free to go. If I was free to go, I would have gathered my stuff, turned off my dome light, locked the doors, and gone into my home. He then would have had all his answers without ever having to step all over my rights. This blatant disregard for basic human rights is a huge issue even when no injury is inflicted. Thank God they didn’t beat me to death, like so many are unlucky enough to have to endure. I believe my recording played a part in the checking of excessive force.
My point is that when people believe this is normal behavior it becomes normal behavior and the spiral of tyranny continues. Stop it everyday with the little things, like not answering pointless questions when you don’t have to. It’s the little things that count. My friend wrote a complaint on my behalf to the Chief of Police, Jim Pryde, who obviously sided with Fich and dismissed the complaint. I’m going to file a formal complaint with the department within the next seven days.
I want to file a lawsuit to ensure that this unconstitutional behavior is thoroughly corrected, but the lawyer I talked to said he wouldn’t pursue it. I’ve alerted the ACLU, but I’m not sure they’ll get back to me. If you are, or know of, an attorney who would be willing to file on this, please leave a comment on the YouTube video.
City of Gladstone: 525 Portland Ave. Gladstone, OR 97027
Dedication: This article is dedicated to all those wrongly slain by police and victims of democide all over the world. Special acknowledgments are Bobby Hutton, Fred Hampton Sr., Oscar Grant, Sean Bell, and most recently Kelly Thomas.
Disclaimer: I am not anti-cop, just anti mindless thug badge or not.
The American Government is an extortion racket and a violence monopoly. The American incarceration rate dwarves every other country even overt fascist countries with larger populations like Russia and China (because we’re number one!). The status quo rebuttal would be, “Well, we have better policing and higher crime in some areas.” This statement is absurdly wrong because America has the same or lower crime rate of most other countries (highest crime is in gun free cities where black market drug cartels rule). The real reason is that Uncle Sam jails mainly nonviolent petty thieves, vandals, and drug addicts. His victims might need counseling but don’t deserve incarceration.
Why are so many Americans in cages today? The profitization of misery is why. Every person incarcerated earns either a private business or the state itself money. It is simply slavery 2.0. This is not surprising especially to those that have seen the PBS documentary Slavery by another name. It describes the post-Civil War horrors of newly freed slaves rounded up for ridiculously minor offenses and forced to work on chain gangs to build infrastructure. This is structural violence in one of its most brutal forms.
The term Structural Violence the way I use it was popularized by Harvard educated prison psychologist, James Gilligan. He often describes how the more unequal a society the more violent and self-destructive it is. Dr. Gilligan views violence and crime like a crabgrass weed but not cutting the blades but uprooting the whole plant. This man also has reformed hardened criminals so he knows his business.
The institution of police is paradoxical and doomed for failure. Its basis is coercive taxes that pay the salaries of average men to enforce law via violence. The police are fallible humans just like the average citizen but the power of the position also intoxicates. Cops abuse the position of power similar to how pedophiles become priests to gain access to helpless children. Also, the institution doesn’t strike root of aberrant behavior (Pete Eyre of CopBlock believes in striking the root too) , but only drives it underground.
I also believe the goal of a police should be to protect people but actually cops are not obligated to do so. Instead, they are incentivized to write tickets and make petty arrests for promotions. Police are simply house slaves that keep us field slaves in line, not protectors (President Obama is a pathetic house slave too).
If the average American realized that cops are not protectors but thugs of the state, they would become irate and disillusioned if they possessed basic sense. Wanting to lash out like African-American slave Nat Turner in a rage against the oppressor is understandable but ill advised. We are in dire straits but reckless abandon would worsen the situation. They want us demonized, disarmed, and afraid.
For example, the so called “gun control debate” which really isn’t about debate or gun control but a state weapon monopoly. The corporate media goes into a frenzy over the latest school shooting fiasco. Soccer moms say “Please save our kids, Mr. Government!” The corporate controlled politicians demonize private gun ownership despite the fact that hammers are used more often in crimes than rifles. The hacks in Washington however never question the police militarizing with full auto rifles and armored vehicles. The kings of old never questioned their armies being armed to the teeth either.
The inherit hypocrisy of violent monopolies should be should self-evident but obviously is not. It is safer than ever to be a cop with only 33 killed on duty in 2013 but yet they act like paramilitary brutes occupying a foreign land. No wonder why the term police state is used to describe a totalitarian regime because police act as the agents of oppression not the dictator himself.
“Revolutionary Suicide” a term coined by the late great Huey P. Newton (Original Black Panther cofounder) refers to fighting the oppressive American regime despite certain or probable death. It is actually setting up oneself for homicide by the state not actually suicide. This concept contrasts with the late Dr. Martin Luther King Jr. that preached strict nonviolent resistance. I admire Dr. King’s spiritual idealism but I find defensive armed force resisting tyranny absolutely necessary. As an atheist I believe turning the other cheek gets only you slapped twice (or literally shot twice).
Enter Bhagat Singh, East Indian revolutionary freedom fighter, whom avenged the democidal murder of his friend by British Imperial police by killing the cop who did it. He evaded capture until he bombed a British headquarters. He was tried and hanged for his crimes but he caused rebellious fervor in India. Gandhi is a great figure by without violent opposition perhaps the Empire would have not conceded.
All people that believe in personal freedom, I ask you let’s not feed the beast. Don’t join the army or local police forces, and stop paying taxes. Don’t give into fear but compassion for your fellow man. If we all stand together as brothers (and sisters) there is nothing they can do to stop us. Let’s have legal armed demonstrations and take the parasitic clay giant that is government down (I will lead the charge). Larken Rose says government is just a destructive religion, so let’s become political atheists. Unite despite petty differences.
No slaves, No masters! You can kill a revolutionary but you can’t kill a revolution! Ideas are bulletproof!