Veteran Soldier Arrested for ‘Rudely Displaying’ Weapon

Saturday, April 20th, 2013

“On March 16, 2013, my son and I were hiking along country roads among pastures and fields with my 15-year old son to help him earn his hiking merit badge. I always enjoy these father/son hikes because it gives me time alone with my son. As I always do when we go on these hikes and walks, I took my trusty rifle with me as there are coyotes, wild hogs, and cougars in our area. In Texas, it is legal to openly carry a rifle or shotgun as long as you do so in a manner that isn’t calculated to cause alarm. In other words, you can’t walk around waving your rifle atpeople. I always carry my rifle slung across my chest dangling, not holding it in my hands. At about the 5 mile mark of our hike, avoice behind us asked us to stop and the officer motioned for us to approach him. He got out of his car and met us a few feet later. He asked us what we were doing and I explained that we were hiking for my son’s merit badge. He then asked me what I’m doing with the rifle, to which I responded in a calm manner, “Does it matter, officer? Am I breaking the law?” At that point, the officer grabbed my rifle without warning or indication. He didn’t ask for my rifle and he didn’tsuggest he would take it from me. He simply grabbed it. This startledme and I instantly pulled back – the rifle was attached to me – and I asked what he thought he was doing because he’s not taking my rifle. Hethen pulled his service pistol on me and told me to take my hands off the weapon and move to his car, which I complied with. He then slammed me into the hood of his car and I remembered I had a camera on me (one of the requirements of the hiking merit badge is to document your hikes). This video is the rest of that encounter. Up to this point, I am not told why I am being stopped, why he tried to disarm me, or even that I’m under arrest.We did not set out that Saturday morning to “make a point” or cause problems. Our goal was to complete a 10-milehike and return home without incident. My son chose a route that away from populated areas but near our home. The arresting officer is Officer Steve Ermis and the supervisor is Sergeant Minnicks of the Temple Police Department.

Grisham was first charged with resisting arrest, however, the charge was downgraded to interfering with a peace officer while performing a duty.

Article by Charles C. W. Cooke of the National Review

Submitted Anonymously

Gary O. Smith Chief of Police - (254) 298-5561

Mayor William A. Jones, III –  : (254) 298-5700

Mayor Pro-Tem Danny Dunnddunn@templetx.gov

City Manager David Blackburn - (254) 298-5600 – email: dblackburn@ci.temple.tx.us

 

Veteran Soldier Arrested for ‘Rudely Displaying’ Weapon is a post from Cop Block - Badges Don't Grant Extra Rights

Austin Grand Jury Fails to Hold Accountable Aggressive Police, Indicts Peaceful Streets Activists

Wednesday, April 3rd, 2013

peaceful-streets-project-logoThis post comes to us from a press release sent-out by our friends active with Peaceful Streets Project on April 3rd, 2013
_______________________________

GRAND JURY FAILS TO INDICT BUEHLER OR OBORSKI ON FELONY CHARGES;

INDICTS ANTONIO BUEHLER, NORMA PIZANA, SARAH DICKERSON ON MISDEMEANORS

Four weeks after convening, the Travis County Grand Jury chose not to issue any felony indictments against Antonio Buehler or Austin Police Department (APD) Officer Patrick Oborski related to their New Year’s Day 2012 incident.

On New Year’s Day 2012, Oborski observed a car that was being driven without its headlights on West 6th street in downtown Austin, and pulled the car over at the 7-11 on N. Lamar and W. 10th Street. While Oborski was conducting a field sobriety test behind the vehicle, Norma Pizana who was a passenger in the vehicle, yelled from the passenger seat to the driver that the driver did not have to submit to a sobriety test. Oborski walked up to the car, leaned in and told Pizana not to “interfere” with his investigation, and then returned to the driver to continue the field sobriety test. However, according to the Penal Code, speech is not sufficient to “interfere” with an investigation, and Pizana was never charged with such a crime. After Pizana was told to stop attempting to communicate with the driver of the vehicle, APD Officer Robert Snider arrived on the scene and began to speak to Pizana.

Antonio Buehler, who was a designated driver that night, pulled into the same 7-11 as he was driving a friend home, in order to refuel the truck he was driving. When he finished fueling up, Buehler and his passenger, Ben Munoz, began to get back into their truck when they heard Pizana scream violently. They turned and saw Snider violently pulling Pizana out of the vehicle, and then throwing her down on the ground. As Pizana continued to cry out in pain, Oborski joined in and they began to apply continued upward pressure on her arms in what is considered a torture move by the U.S. Military and Federal Government. At that moment, Buehler tried to take pictures of what he believed was a violent assault. When Pizana noticed him taking pictures, she begged him to record the incident, and Buehler then began to demand that the cops stop abusing Pizana. Although Pizana was seated in her car, was not a threat to herself or the public, and her driver had not yet been arrested, she was arrested for Public Intoxication, a Class C misdemeanor.

After Snider and Oborski handcuffed Pizana and began escorting her to a squad car, Oborski turned and walked aggressively toward Buehler, got in Buehler’s face, and asked “who do you think you are?” Video shows that Buehler put his arms down by his side, with his palms forward in a non-threatening manner as he took a couple steps back, while Oborski continued to step toward Antonio and into his personal space. Video then shows Oborski violently thrusting his hands into the chest of Buehler a few times, pushing Buehler back until he was trapped between the bed of the truck he had been driving and Officer Oborski. After repeatedly and forcefully pushing Buehler in the chest, while Buehler kept his arms raised with palms facing forward, Oborski then attempted to arrest Buehler.

After Buehler was taken to the BAT Mobile and coerced into blowing into a breathalyzer machine, and being told by the technician that Buehler “broke” the machine by “blowing too hard”, he was then escorted to a transport vehicle where Oborski allegedly told Buehler that “you don’t f*** with police, you f***d with the wrong cop this time and now you’re going to f***ng pay”, after which he was transferred to Travis County Jail where he was charged with Felony Harassment of a Public Official, a 3rd Degree Felony, and Resisting Arrest, a Class A misdemeanor.

When Buehler was released from prison the next day, he was told by Ben Munoz that witnesses were present at the scene of the arrest, although the police prevented the witnesses from sharing their contact information with Munoz. Buehler immediately began to post fliers around the 7-11 location, and use social media to implore witnesses to step forward. Several witnesses did step forward, to include one who took cell phone video of the incident which proves that Oborski lied in his affidavit (Buehler never spit on Oborski; Oborski never wiped his face).

Despite about a half dozen witnesses that stepped forward willing to swear under oath that Pizana did not assault Snider and that Buehler did not spit in Oborski’s face, the cell phone video, the 7-11 surveillance video, audio from both Oborski and Snider, and self-incriminating lies written up in the affidavits of Oborski and Snider, the Austin Police Department and the District Attorney continued to press forward with the charges against Buehler and Pizana. In addition, 11 days after the initial arrests, and after Pizana shared her story of abuse with the media, the Austin Police Department filed two new charges against Pizana for resisting arrest and failure to obey a lawful order.

The Grand Jury did not indict Buehler for either the felony harassment of a public official charge or the resisting arrest charge. Instead they indicted him for failure to obey a lawful order, a Class C misdemeanor punishable by up to a $500 fine. The Grand Jury did not indict Pizana for public intoxication or failure to obey a lawful order. They did, however, indict her for resisting arrest, a Class A misdemeanor punishable by up to a year in the Travis County Jail.

In the 15 months since the New Year’s Day incident, Buehler and other Austin activists launched the Peaceful Streets Project to fight back against police abuse, corruption and misconduct. They have held over a dozen Know Your Rights Trainings, a summit where they handed out 100 video cameras to needy residents of Austin, dozens of Police Abuse Complaint Departments and scores of cop watch events.

[Related video from YouTube.com/TheCopBlock]

The Grand Jury also returned indictments against Antonio Buehler for failure to obey a lawful order, a Class C misdemeanor, for filming police on August 24th, August 26th and September 21st, 2012.  Sarah Dickerson was also indicted for failure to obey a lawful order while filming police during the September 21st, 2012 incident.

A City of Austin Municipal Ordinance requires a person to comply with an order of a peace officer and prohibits a person from obstructing or interfering with an officer engaged in his official duties.  Violation of this ordinance is a Class C misdemeanor punishable by up to a $500 fine. However, there was no evidence that either Buehler or Dickerson ever obstructed or interfered with an officer engaged in his official duties. Further, Austin Police Department policy (p. 106) clearly states that officers are not to “[i]n any way threaten, intimidate or otherwise discourage an individual from recording  officer’s enforcement activities”, which is exactly what APD did to Buehler and Dickerson in each one of the instances in which they were charged with “failure to obey a lawful order”.

In all, the Grand Jury met on six occasions and heard from 13 witnesses, including Antonio Buehler and Officer Patrick Oborski, although they did not hear from either Buehler or Dickerson regarding the post-New Year’s Day incidents, nor any of the Peaceful Streets Project volunteers who witnessed those incidents.  The felony charges considered by the Grand Jury were tampering with a governmental record by Officer Oborski as well as harassment of a public servant by Antonio Buehler.  The Grand Jury also considered whether Officer Oborski committed official oppression. However, the Grand Jury did not consider any charges against Officer Snider, nor did the Grand Jury did consider felony charges of Aggravated Perjury or Aggravated Assault against Oborski or Snider.

The Class A misdemeanor for Pizana will be transferred to County Court and will be handled by the County Attorney’s Office.  The Class C misdemeanor cases for Buehler and Dickerson will be transferred to Municipal Court where they will be handled by Municipal Court prosecutors.

Media Contacts:

  • Richard Boland, Peaceful Streets Project, 512.538.6998, rwboland@gmail.com
  • Antonio Buehler, Peaceful Streets Project, 512.785.3767, antonio@buehlered.com
  • John Bush, Peaceful Streets Project, 512.773.6102, johnbush512@gmail.com
  • Harold Gray, Peaceful Streets Project, 512.949.8185, haroldgray111@gmail.com
  • Joshua Pineda, Peaceful Streets Project, 409.679.3065, pisceincarnate@gmail.com

Austin Police Department:

Peaceful Streets:

Connect with known Peaceful Streets offshoots via: CopBlock.org/Groups

Austin Grand Jury Fails to Hold Accountable Aggressive Police, Indicts Peaceful Streets Activists is a post from Cop Block - Badges Don't Grant Extra Rights

TX Cop Says Those Without Badges Shouldn’t Be Disarmed

Friday, March 15th, 2013

My life as a tyrant isn’t the most-concise read and that’s good, as it allows Chris Hernandez to thoroughly communicate his point – that individuals shouldn’t be disarmed.

Hernandez cites personal experience and shares the conclusion he’s reached: that dictates made by strangers that claim that individuals cannot own tools to help defend themselves or their property should not stand.

I consider that a universal truth that exists irregardless of arbitrary political boundaries or claims made by strangers.

Here’s a snippet that touches both on his actions when in Kosovo and more-recently as a police employee in Texas:

The day of the operation, I forced myself to show up for work. My KPS officers were angry, frustrated and hesitant. They didn’t want to do to their people what we were about to make them do. But their jobs and livelihood, like mine, depended on following those orders. So we walked out of the station toward the bazaar.

An officer from a European country met me outside the bazaar, held out a stack of papers and sternly ordered, “Take these. You’ll need them to document what you confiscate.” . .

I remember standing there in impotent frustration, thinking, So now we’re literally wrestling food away from old men. This is disgusting. . .

I WANT law-abiding citizens to have guns. I WANT them to have a means to defend themselves from ME. I DON’T want the people I’ve sworn to defend worrying about Officer Joe and his friends taking their property on a whim. I feel ZERO threat, absolutely none, from lawfully armed good citizens.

I’ve been a cop in Texas for almost 19 years. I’ve interacted countless times with armed homeowners, business owners, and concealed carry permit holders. I’m absolutely comfortable knowing that they’re not helpless lambs, totally dependent on me for their safety and freedom. I’m there to protect good citizens from criminals; citizens have weapons to protect themselves not just from criminals, but also from me and Officer Joe.

As readers of Hernandez’s write-up likely include some employed at police agencies, I’ll plug this page: http://CopBlock.org/WelcomeLEOs If you have suggestions for improvement or if anything is unclear or if you totally disagree I’m interested to hear.

Banner - Liberty Stickers

 

My life as a tyrant

by http://chrishernandezauthor.com/about

published on January 15, 2013 to http://chrishernandezauthor.com

I’m going to say something that will undoubtedly cause me to lose some police officer friends. But I feel it needs to be said anyway. I’m willing to take the heat for it.

Keep in mind, I became a police officer because I wanted to be a good guy. Even though we’ve all seen reports of police brutality and corruption, I still believe we cops are the good guys. I’ve seen cops perform brave, selfless acts for strangers on countless occasions. Even the worst cops I’ve ever known would risk their lives to defend the innocent. But I have to say this anyway. Before you start throwing shoes, hear me out. I have a good reason for saying it.

chrishernandezauthor-copblock

Chris Hernandez

If you think our police are no threat to your freedom, you’re living in a fantasy world.

Now I’ll explain what I mean. I worked for the United Nations Police Mission in Kosovo for eighteen months. I wasn’t there as a soldier. I was a civilian cop, living in town, basically a Kosovo PD officer. For part of my tour I worked patrol with a group of international officers and local police. We had officers from America, the UK, Germany and Greece, plus local Kosovar Albanians. The Americans were regular street cops from police departments all over the United States.

One of the American officers in my station came from a very wealthy suburban police department. My cop stories were about murders, fights and chases; his were about citizens having garage sales without permits. For some reason, citizens selling things without permits aggravated him to no end.

In postwar Kosovo, many tens of thousands of war refugees lived in the capital. Not enough jobs existed to support them all. Many of them became vendors in a sprawling, dirty bazaar. They supported their families by selling cheap Turkish and Pakistani housewares and trinkets. Under old Yugoslav law, which was still the legal standard, those vendors had to have permits. Few bothered to stand in line at a dilapidated government building to pay for a permit.

This officer – I’ll call him Joe – became infuriated every time he patrolled the bazaar. He’d find vendors without permits, then ticket and berate them. He’d make note of other illegal vendors so he could ticket them later. He’d even drive through the bazaar off-duty to spot illegal vendors for future targeting. He’d vent his anger about illegal vendors at us, which always made me laugh. I didn’t care the least bit about vendors without permits, and thought Joe would eventually get over it. I was wrong.

Joe got so mad at illegal vendors that he researched Yugoslav law. We had been advised not to do anything that violated the Bill of Rights, but officially Yugoslav law was still in effect. And Joe discovered he could use Yugoslav law to do something about those damn illegal vendors.

Joe put a plan together. Officers from a couple of stations, along with some NATO troops, would go through the bazaar, identify which vendors had no permits, and confiscate all their merchandise. Local Albanian Kosovo Police Service (KPS) officers would assist. A large NATO truck would follow the officers so they could load all the confiscated items. All the seized property would immediately be donated to charity organizations.

When I heard the plan, I was amazed. Then I got angry. Why would anyone, in a country which had suffered through a horrible war less than two years earlier, think vendors without permits were such a big deal? We didn’t have a crime problem in the bazaar, the only reason we were going in there was because Officer Joe had a personal issue with the vendors. And wouldn’t an operation like that violate people’s rights?

I argued against the operation, and was overruled. Since Yugoslav law allowed it, we were doing it. I was ordered to take my team of KPS officers and participate.

The day of the operation, I forced myself to show up for work. My KPS officers were angry, frustrated and hesitant. They didn’t want to do to their people what we were about to make them do. But their jobs and livelihood, like mine, depended on following those orders. So we walked out of the station toward the bazaar.

An officer from a European country met me outside the bazaar, held out a stack of papers and sternly ordered, “Take these. You’ll need them to document what you confiscate.”

I kept my hands down. “I’m not taking them. I think this is wrong. We can’t just take people’s property.”

The officer held the papers out further. “It doesn’t matter. They’ve been warned. Take the forms.”

I didn’t move, or respond. The officer maintained his stern demeanor for a few seconds. Then, seeing that I wasn’t going along with it, he backed down.

“Okay, fine. Just take some forms, in case you change your mind.”

I took a few forms and stuck them in my pocket. The next time they came out, later that afternoon, I dumped them in the trash.

The operation began. Dozens of officers entered the bazaar, followed by NATO soldiers and their cargo truck. The vendors initially didn’t know what was happening. Then cops walked up to stalls and asked for permits. Nobody had them. The cops grabbed everything they had and threw it into the back of the truck.

Hundreds of vendors picked up their wares and ran. The slow ones were accosted and stripped of their possessions. KPS officers swarmed me, saying, “We can’t do this! This is what the Serbs used to do!” I stood back, watching the chaos in angry silence, and said something in Albanian. It was a phrase I never in my life expected to say.

Ne jeme komunista sot.” We are communists today.

Our KPS officers were ordered, forced, to join in. They grudgingly helped take the property, although a few from another station were enthusiastic about it. Customers in the bazaar stood close by and yelled insults at the KPS officers, or screamed things like “Why are you doing this?” One KPS officer almost got into a fight he didn’t want to be in, over something he didn’t want to do, with one of the customers. Guilt was obvious on the KPS officer’s face. That was hard to watch.

I stayed back. Officer Joe, the illegal vendor hater, picked out an old man selling bananas. The old man, who looked about eighty but was probably younger, struggled to pick up boxes of bananas before the truck arrived. Officer Joe reached the old man’s stall, tore a box from the old man’s hands and threw it in the truck. The old man grabbed the next box. Joe fought it away.

I remember standing there in impotent frustration, thinking, So now we’re literally wrestling food away from old men. This is disgusting.

I finally managed to grab a handful of KPS officers and leave. I stayed at the station until the operation ended, angry at what we had done and at myself for being part of it. I had stood by and done nothing as a fellow cop turned us into petty tyrants. That still bothers me.

Joe beamed with pride when he came back to the station. As he promised, all the confiscated property was donated that day. No vendors had been ticketed. None received receipts for their property. None had recourse to recover what had been taken. If police did that here, they would be charged with a crime.

Later that day I argued my way up the chain of command that the operation had been wrong, we shouldn’t have done it and should never do it again. An Irish officer agreed with me. But a senior American officer listened to me with a disinterested expression and said, “Look man, it’s legal here. So I don’t have a problem with it.”

I learned a lot from that operation. Prior to it, I had been something of an idealist about cops. I thought American cops would go by what’s right and wrong instead of looking for what they can legally get away with. I know now that cops like Joe have no problem violating people’s rights, as long as they have some “official” way to do it.

Maybe you’re thinking, “But this was in another country, so it’s okay.” I don’t think so. I took an oath to defend the Constitution, not to enforce any law no matter what it is. If I go to Afghanistan as a cop, I’m not going to beat women for walking the street without a male relative, even if it’s legal there.

So why do I tell this story now? This might seem like an abrupt topic change, but it isn’t. It’s directly related.

I keep hearing we don’t need the 2nd Amendment. I keep hearing the 2nd Amendment is an anachronism. I keep hearing that it was written for a time long past, when we had to worry about foreign invasion and government tyranny. I keep hearing the 2nd Amendment should be repealed because there’s no threat of tyranny today.

I’ll agree that we don’t currently worry about foreign invasion. But we ALWAYS have a worry about government tyranny. Don’t tell me, “it can’t happen here.” I know better. I was there when Officer Joe stole people’s property, because he had a personal vendetta and knew he could get away with it. Don’t tell me police officers won’t engage in tyranny. I’ve seen it.

Joe was, in many ways, a good guy. He wasn’t a horrible, hateful man who just oozed evil from every pore. He and I had a lot of decent conversations about life (and a HELL of a lot of arguments about what limits our authority should have). No doubt he did good things for people in the past, and probably did good things after Kosovo. He likely never did anything like the bazaar operation in America. But he did it in Kosovo, because he COULD.

Our founding fathers were incredibly intelligent, insightful men. They knew an external threat of invasion could exist. And more importantly, they knew an internal threat of tyranny would always exist. They knew that even basically good guys like Joe can let their personal hatreds control their official actions. They knew that even Officer Chris Hernandez might maybe, once or twice, have a little nagging thought like, There should be an automatic death penalty for anyone who drives through a quiet neighborhood at 3 a.m. blaring gangster rap. They knew I better have threats over my head, to keep me from carrying out that death sentence.

The founding fathers knew guys like me and Joe need to be controlled. They wrote the 4th Amendment so we would have to follow rules when we took people’s property. And they wrote the 2nd Amendment so that if we ever decided not to care about citizens’ rights, the citizens could forcibly change our minds.

This nation was formed by armed rebellion. Our freedoms were maintained by armed resistance to foreign threats. Our police and military exist to protect the rights that many hundreds of thousands of brave, armed Americans died for. We serve the descendants, family and friends of those men and women. We call them “sir” or “ma’am”, even if they’re a laborer and we’re a police chief or 4-star General. We don’t bend them to our will, we don’t strip their rights “for their own good”. We don’t repeal the Bill of Rights in order to protect them from the sometimes horrible consequences of freedom.

As I’ve said before, I don’t speak for anyone but me. Many, many cops will vehemently disagree with me about this (which might sort of prove my point). But I WANT law-abiding citizens to have guns. I WANT them to have a means to defend themselves from ME. I DON’T want the people I’ve sworn to defend worrying about Officer Joe and his friends taking their property on a whim. I feel ZERO threat, absolutely none, from lawfully armed good citizens.

I’ve been a cop in Texas for almost 19 years. I’ve interacted countless times with armed homeowners, business owners, and concealed carry permit holders. I’m absolutely comfortable knowing that they’re not helpless lambs, totally dependent on me for their safety and freedom. I’m there to protect good citizens from criminals; citizens have weapons to protect themselves not just from criminals, but also from me and Officer Joe.

That’s how it should be. That’s why we have a 2nd Amendment. And officers like me and Joe are why it shouldn’t be repealed.

NOTE ADDED 3/3/13: I’ve received a lot of interesting replies to this post today. Many of them point out my failure to act that day in the bazaar. Fair enough; this post obviously isn’t a defense of what I did. I don’t think there’s any way to interpret this story as a boast about my inability to stop something I knew was wrong. I admit guilt and don’t flinch from the criticism.

However, some of the comments have gone way beyond simple analysis of my actions, or justifiable criticism of law enforcement. There have been calls for violence against police, accusations that the President is a Nazi, claims that the federal government is preparing for all-out war against the citizens, etc. I’ve deleted those comments.

On the “how I roll” page I describe the rules I follow writing this blog. The comments I receive don’t have to follow the same guidelines, but those like I just described won’t be posted. This blog isn’t anti-police, anti-government, or a place for people to vent all their anger and suspicions about any political party, federal government agency or elected representative.

I welcome rational, intelligently presented dissenting opinions. This is a site where I hope reasonable people can calmly discuss important issues. It’s not a place for internet tough-guyism, veiled threats made from the anonymous safety of a computer, or expressions of support for any revolution.

Because I love this country, the last thing I’ll ever advocate is warfare between citizens and any arm of the government. The vast majority of police officers, members of the military and American citizens are fantastic people. We as a nation are strong enough to correct problems, even those we’re facing today, with discussion instead of violence.

________________

Authors note – I personally don’t believe it wise to rally around the idea of a nation-state, as that’s divisive. It puts-forth that a certain group of people have the right to steal from some other folks under the guise of protection. Such an institution lacks the proper incentives from the start.

TX Cop Says Those Without Badges Shouldn’t Be Disarmed is a post from Cop Block - Badges Don't Grant Extra Rights

Cop SAVES dog

Tuesday, March 5th, 2013
La Porte, Texas - Officer Kyle Jones and Cujo

La Porte, Texas – Officer Kyle Jones and Cujo

Submitted by Rick

With Facebook Posts like this Help stop cops shooting Innocent Dogs and Rochester, NY Police officer Chris Burgstrom Executed Codi from Behind, Shooting the Scared Dog as it was Running Away, Baltimore City Police Shoot and Kill Beloved Pet, and Cops Murder Yet Another Dog, it’s refreshing to see a Cop Saves Dog Story which has received much attention on Yahoo – Cop shuts down highway to save small dog, becomes Web hero and Channel 11 in Houston (Video).

It starts with one.

Cop SAVES dog is a post from Cop Block - Badges Don't Grant Extra Rights

Police Lie Under Oath; Their Testimony Shouldn’t Be Trusted More Than Any Other Witness

Wednesday, February 6th, 2013

By Michelle Alexander

Thousands of people plead guilty to crimes every year in the United States because they know that the odds of a jury’s believing their word over a police officer’s are slim to none. As a juror, whom are you likely to believe: the alleged criminal in an orange jumpsuit or two well-groomed police officers in uniforms who just swore to God they’re telling the truth, the whole truth and nothing but? As one of my colleagues recently put it, “Everyone knows you have to be crazy to accuse the police of lying.”

But are police officers necessarily more trustworthy than alleged criminals? I think not. Not just because the police have a special inclination toward confabulation, but because, disturbingly, they have an incentive to lie. In this era of mass incarceration, the police shouldn’t be trusted any more than any other witness, perhaps less so.

That may sound harsh, but numerous law enforcement officials have put the matter more bluntly. Peter Keane, a former San Francisco Police commissioner, wrote an article in The San Francisco Chronicle decrying a police culture that treats lying as the norm: “Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.”

Mr. Keane, in his Chronicle article, offered two major reasons the police lie so much. First, because they can. Police officers “know that in a swearing match between a drug defendant and a police officer, the judge always rules in favor of the officer.” At worst, the case will be dismissed, but the officer is free to continue business as usual. Second, criminal defendants are typically poor and uneducated, often belong to a racial minority, and often have a criminal record. “Police know that no one cares about these people,” Mr. Keane explained.

All true, but there is more to the story than that.

Police departments have been rewarded in recent years for the sheer numbers of stops, searches and arrests. In the war on drugs, federal grant programs like the Edward Byrne Memorial Justice Assistance Grant Program have encouraged state and local law enforcement agencies to boost drug arrests in order to compete for millions of dollars in funding. Agencies receive cash rewards for arresting high numbers of people for drug offenses, no matter how minor the offenses or how weak the evidence. Law enforcement has increasingly become a numbers game. And as it has, police officers’ tendency to regard procedural rules as optional and to lie and distort the facts has grown as well. Numerous scandals involving police officers lying or planting drugs — in Tulia, Tex. and Oakland, Calif., for example — have been linked to federally funded drug task forces eager to keep the cash rolling in.

Exposing police lying is difficult largely because it is rare for the police to admit their own lies or to acknowledge the lies of other officers. This reluctance derives partly from the code of silence that governs police practice and from the ways in which the system of mass incarceration is structured to reward dishonesty. But it’s also because police officers are human.

Research shows that ordinary human beings lie a lot — multiple times a day — even when there’s no clear benefit to lying. Generally, humans lie about relatively minor things like “I lost your phone number; that’s why I didn’t call” or “No, really, you don’t look fat.” But humans can also be persuaded to lie about far more important matters, especially if the lie will enhance or protect their reputation or standing in a group.

The natural tendency to lie makes quota systems and financial incentives that reward the police for the sheer numbers of people stopped, frisked or arrested especially dangerous. One lie can destroy a life, resulting in the loss of employment, a prison term and relegation to permanent second-class status. The fact that our legal system has become so tolerant of police lying indicates how corrupted our criminal justice system has become by declarations of war, “get tough” mantras, and a seemingly insatiable appetite for locking up and locking out the poorest and darkest among us.

Why cops lie:
http://www.sfgate.com/opinion/openforum/article/Why-cops-lie-2388737.php

The Worst Kept Secret Cops Lie:
http://blog.simplejustice.us/2009/12/02/the-worst-kept-secret-cops-lie.aspx

This was shared by Joe via CopBlock.org’s ‘submit tab.’

Police Lie Under Oath; Their Testimony Shouldn’t Be Trusted More Than Any Other Witness is a post from Cop Block - Badges Don't Grant Extra Rights

Port Aransas TX Man Brutalized By Police And Let Go Without Charges – Witness Comes Forward

Wednesday, January 16th, 2013

March 16th 2012 – A Port Aransas, TX man, Dustin McCaskill, was on his property when a Port Aransas Patrol unit pulled into his condominium complex. Two intoxicated females exited the police unit. One of the women fell, hitting her head on the ground rendering herself unconscious. Mr. McCaskill witnessed this from 60 feet away. As the woman lay unresponsive, Mr. McCaskill stated” Oh My God, Is She Okay?” Officer Carlos Del Moral responds with ” Shut up, you’re probably drunk too!!” McCaskill responded, “I’m not F*cking drunk”, then was attacked by officer Del Moral and Don Murphy.

Del Moral threw McCaskill into some bushes and then onto the ground where he continued to force McCaskill’s face into the pavement while he was handcuffed.. “You’re Going To Jail Mother F*ucker!” says Del Moral. Officer Carlos Del Moral then tag teamed his partner “Don Murphy” to take over. The officers eventually let McCaskill go with no charges. Chief Scott Burroughs initiated an internal investigation into the incident.

Burroughs had no comment about the attack to the media. Officer Carlos Del Moral did resign but the internal investigation cleared the two officers of the actual attack. However, five counts of misconduct were sustained against officer Del Moral. Detective Michael Hannon was also found to have committed one count of misconduct, mishandling the investigation.

Port Aransas Police Chief Scott Burroughs sent McCaskill the dash cam footage of the incident on two disk. McCaskill discovered that the reason the video was on two disks was because the Port Aransas Police Department cut the video when the attack began. They edited out the attack and continued the video on disk two. Proof has been forwarded to Chief Scott Burroughs of the edited video. Another internal investigation is currently being conducted within the Port Aransas TX Police Department.

Here is the video, which includes two local news stories as well as the dash cam footage from the police:

This blog post was submitted by Dustin McCaskill, of OklahomaCopBlock.org, using CopBlock.org’s submission tab.

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Port Aransas TX Man Brutalized By Police And Let Go Without Charges – Witness Comes Forward is a post from Cop Block - Badges Don't Grant Extra Rights

Confessions of a Traffic Cop

Wednesday, January 16th, 2013

Confessions of a Traffic Cop” was written by Phil Berg and posted at Yahoo.com. After reading the article I thought it would make a good post here at CopBlock.org. I didn’t want to copy and paste the whole article so will only focus on a few of the questions. You can, and I encourage it, read the entire article by clicking here.

Phil, the author, interviewed Mike Brucks a now retired traffic cop of 22 years who claims to have wrote over 40,000 tickets (damn!) and now wants to share [brag about] his experiences. Phil’s questions are in bold, Mike’s answers are plain text and both (Phil’s and Mikes) are block quoted. I’ll add my two sense in outside of block quotes with italic font, so you know who said and wrote what.

Let’s get into the mind of a traffic cop, first question.

Besides speeding, which is the reason for most tickets, what’s most likely to get a traffic cop’s attention? 

Seatbelts, cell phones, red lights, and stop signs. I concentrate on all the things that can cause an accident. There are some cops who write tickets for expired plates, for having no insurance or registration, but you’re not going to crash because of any of that. I focused on safety issues—that’s what I like to do.

OK, good start. Officer Mike is actually concerned with safety, that’s good. I can get behind being safe. It’s nice to hear an Officer say he’s not as concerned the revenue generating, or the permission granting, aspects of the insurance, registration and plating business. 

How much leeway do you give someone before writing them a speeding ticket?

The speed limit in Texas used to be 60 mph, [and] well, out on the clear road where there’s a lot of visibility I give people leeway. I wouldn’t write tickets until they got to 80 mph.

There are two points to make here. First, how are motorist supposed to know what leeway the officer is giving? Maybe one day they drive by and Officer Mike is working so 75 in a 60 is ok but the next day, different cop, different results. Second, I’ve had Officers tell me time and time again, “the law is the law” and that they’re just enforcing those laws. Well in this case the law says 60 is the speed limit, not 80. 

Don’t get me wrong, I don’t want people ticketed for speeding ever because it’s extortion, a racket. It’s a punishment with no actual proof of working, other than lining the pockets of government. I mean if laws restricting speeding worked, we wouldn’t be having this conversation. 

And before you jump on me about speeding being unsafe, I’ll get there, just wait. Moving on. 

             Are speed limits too low? 

No, the traffic engineers, at least in Texas, are pretty good. It’s not that some parts of the highway are safer for speeding, it’s that drivers aren’t always paying attention. People die on lonely deserted stretches of road too. There are a lot of times drivers aren’t concentrating. They need to understand you’re going 100 feet per second on the highway. Above 75 mph things just happen so fast, [whether it's] a flat tire, a coyote, wind, dirt, or rocks. It’s not that much better now that cars are safer; reaction times are still the same.

Wait, what? In the question before this Officer Mike allows a cushion, or uses his discretion, for speeders especially if there’s alot of ‘visibility.’ Now he says that Texas engineers are pretty good and that the 60 MPH speed limits are not too low. Officer Mike goes on to say that people die on deserted roadways too, that concentration is also a factor and that people need to understand that 75 mph is fast.

Boy I’m confused. Are the speed limits too low or is Officer Mike simply allowing people to break the law? Is he implying that driving faster is more dangerous, yet advocating Officer’s use discretion by allowing faster driving? Maybe the last question will help clear things up.

When do you not chase a speeder? 

I clocked a guy on a crotch-rocket bike doing 189 mph. Just let him go. Since police departments began to get sued for chasing speeders, around 1995, there’s a fine line. You have to determine if you can catch him, if chasing him will cause an accident for him, for you, for the public. There’s no way to catch anyone like that.

This is why all driving laws that don’t address an accident/damage to another person, or their property, are bullsh*t. First, they don’t prevent any accidents, if anything, they create them. How many times has an accident been caused, or almost caused, by police lights on the side of the road. Or due to heavy braking when sneaky cops are spotted by speeding drivers?

Furthermore, Officer Mike talks about not chasing down the speeding biker because it’s unsafe. Well Officer Mike, if that’s your stance then how did you ever ticket anyone? You had to chase down all 40,000 people you wrote tickets for in your career and risked causing an accident for them, you and/or innocent public bystanders.

Congratulations Officer Mike. Your 22 years of being a traffic cop were completely worthless. All you did was prove you are a hypocrite. Your traffic stops were based off nothing more than your subjective feelings at that particular moment. Had you actually taken the time to think though your actions as a traffic cop, you very well would have concluded, that you are unable to preform the job with any sense of consistency. Just like you did this interview.

Confessions of a Traffic Cop is a post from Cop Block - Badges Don't Grant Extra Rights

Nick Juarez, Alice (TX) PD Employee, Cages Man for Filming

Wednesday, January 2nd, 2013

Take a few minutes to let Alice police employees know that filming is not a crime.

Alice (TX) Police Department  (361) 664-0186

Only bullies want to censor the free flow of information. Nick Juarez was in the wrong and the inaction of his colleagues to speak out only makes more blatant their claimed double-standards. Yet such authority is gotten only when granted.

Do you view aggressors as “authorities”?

Yesterday Oklahoma Cop Block founder, D.J. McCaskill put on my radar a video [below] captured and uploaded to YouTube.com/Gloc361 that shows, after almost 12-minutes into a relatively uneventful vehicle stop on an Alice, Texas road, Nick Juarez walk onto private property, demand identification from the person recording, and when the response given was not in the form of identification but in stating rights, Juarez put into handcuffs (and, when the camera was turned-off, bring that person to a cage).

I called the Alice Police Department on Tuesday, January 1st, 2013 to inquire about the policies supposedly upheld by employees of Alice police department. Specifically, whether it was standard operating procedure to kidnap and cage anyone documenting the actions of employees. I was told to call back. I did, but again, was told on on present could talk to me about their policies or the incident.

Maybe you’ll have better luck?

alice-texas-copblockAlice Texas Police Department

It’s clear Gloc361 was not in any way interfering with the stop*, so why did Nick Juarez feel compelled to not just walk on property he was told was private? Is that the kind of behavior you desire from someone who “protects” you?

Raw Video from YouTube.com/Gloc361

Video Description:

I was wrongfully arrested while I was at work. I was taking a break and decided to record a traffic stop that was off the highway a good 60 ft away and was then approached by an Alice Police officer who I advised that he was trespassing onto Private Property he then demanded to see my ID and that’s when things took a turn for the worst..!!!

Related

*though we don’t know in this case for sure, most stops – the restriction in freedom of movement, or else – are done despite the absence of harm to person or property. To be clear, their primary purpose is revenue generation. It’s not too surprising then, that one activist has likened police employes to road pirates.

 

UPDATE: Wed., Jan. 2nd, 2013 10pm EST

Video from YouTube.com/MikeHansonArchives

Video Description:

Alice Texas Police Department
Phone: (361) 664-0186
Website:
http://www.ci.alice.tx.us/index.aspx?nid=142
Nick Juarez is the arresting Officer

UPDATE: Sat., Jan. 5th, 2013 11pm EST

Alice Police Officer In Viral Video Put On Leave from KRISTV.com

Nick Juarez Cages Videographer, Gets Paid Vacation from Cop Block (below)

Last week we helped get a spotlight on Nick Juarez, an Alice (TX) police employee who non-nonchalantly kidnapped and caged Gabriel Cabrera after he realized Cabrera was filming, from private property, a vehicle stop that Juarez was involved in.

Twelve minutes after Cabrera started filming (from a good 60-feet away), a stop that wasn’t “atypical” (it’s unfortunate that a shake-down in plain sight can be normal), Juarez noticed him, approached aggressively, and when Cabrera stated his right to record rather than turn-over his ID, Juarez put him in handcuffs.

Props to local TV outlet KRIS, who’s employees aren’t allowing the attempted deflections by Juarez’s colleagues (really nothing more than PR folks for an organized gang). Though I’d say they still have room to grow as they’re still likening the aggressor and cronies to “authorities.” Please.

It’s clear Juarez was in the wrong. He’s now on “administrative leave” – a doublespeak way of saying “paid vacation.” Is that punishment?

Juarez would likely never have even thought he could treat someone as he did Cabrera but not for the perverse incentives that he was working in. Would anyone claim that this was the first time Juarez ever violated someone’s rights?

It’s probable that before he so callously acted toward Cabrer, Juarez would have long ago been fired at a previous iteration. The lack of competition means a lack of accountability.

 

Nick Juarez, Alice (TX) PD Employee, Cages Man for Filming is a post from Cop Block - Badges Don't Grant Extra Rights

Two Women Cavity Searched by Texas Police After Being Pulled Over for Littering, Near Dallas

Wednesday, December 19th, 2012

ADDISON, TX — Two women say that after being pulled over for littering, Texas State Troopers insisted that they must be carrying marijuana in their vehicle and body orifices. A female officer slipped on a rubber glove, rubbed her hands all over the womens’ breasts, and inside their pants where they say that there was finger penetration into their bodies. The officer did not change her glove when probing the two women.

“I was molested. I was violated. I was humiliated in front of other traffic. I had to witness my niece go through the same thing,” Angel Hobbs said. “This has been an eye-opening experience for me, okay? Never been pulled over, never searched like this. It’s… I mean, I was like totally violated over there a few minutes ago. I had a finger in my *** and a finger in my ****, and this is so embarrassing to me.”

Attorney Pete Shulte commented that the demeanor of the officers makes the roadside search look like a routine occurrence.

Two Women Cavity Searched by Texas Police After Being Pulled Over for Littering, Near Dallas is a post from Cop Block - Badges Don't Grant Extra Rights

Police Brutality Caught on Tape in Brazoria County Texas Prison

Tuesday, November 6th, 2012

Drug abuse is bad, but the drug war is worse.

Police Brutality Caught on Tape in Brazoria County Texas Prison is a post from Cop Block - Badges Don't Grant Extra Rights