Archive for the ‘4th Amendment’ Category

Local media defends victimless crime enforcement

October 7, 2009

Mr. Lyons of the Sarasota Herald Tribune basically said you shouldn’t run from Leos. I’ve said that over and over and over. There is no reason that you should run from Leos, but having that said, I have to disagree with Mr. Lyons about a couple of issues. First, he is branding me as a “death penalty for not having a bike light” guy. He’s right. I want to see the police dash cam video and audio, if the guy on the bike was on the sidewalk, the police had no reason to question him or detain him for not having a light. If he was in the road, it’s different. Second, the guy is dead, man. Maybe the taser didn’t cause his death, but he probably would still be alive if he didn’t have this police encounter and shocked by the taser. Mark Lipinski, Attorney at Law, in Bradenton, has made a living over the last 25 years, by suing the Bradenton Police Department. He has had clients brutalized by other agencies but the BPD is at the top of the list with problem after problem. Mr. Lyons, let’s not shrug this case off, so fast. First, let’s see the dash cam video/audio and then let’s hear from the witnesses. This is the kind of stuff that happens when LeAs concentrate on victimless crimes. No victim, no crime. They killed a guy who didn’t hurt a victim or steal property or destroy someones property.


Raided and arrested for allowing dog to die at home

September 14, 2009

A judge will actually sign a break down the door search warrant for this?

It just keeps getting worse!!!

September 11, 2009

Cape Coral – A 72-year-old man says he passed a breathalyzer but was arrested for D.U.I. anyway.
Police say there were traces of some type of substance in his urine but Vincent Tallo says that’s impossible.
“I’ve served my country, my record is clean and this is how I’m treated,” said Vincent Tallo.
Tallo was arrested at a D.U.I. checkpoint on Friday.
He and friend Mary Debenedetta were on their way home after a night of dancing.
“I bought a bottle of beer and sipped that bottle for two hours,” said Tallo.
The couple pulled up to the checkpoint and was approached by an officer.
“He asked me–had I been drinking, I told him I had one beer,” said Tallo.
Tallo said he had to follow the officer’s finger with his eyes and do a few more field tests.
“He told me to stand on my right foot and put my hands at my side. He said, Sir, you are arrested for D.U.I.–I said what? I requested the breathalyzer,” said Tallo.
Tallo said a female officer gave him the breathalyzer test and he blew a .000.
The 72-year-old was taken to a portable bathroom and asked to urinate in a cup.
“They’re doing a urine test– I said this guys a health-nut he doesn’t even take an Advil ,” said passenger Debenedetta.
Cape Coral police tell us the test can show twelve different drug classifications.
They say something showed up in Tallo’s test but they have to wait until the results come back from the state before they know exactly what it is.
Tallo traffic citation says “D.U.I.–pending urine”. The couple is now fighting the charges.
“I want other people to not go through this ever,” said Debenedetta.

Tallo was issued a citation and notice to appeal for “DUI — Pending Urine — Checkpoint,” the documents state. Due to Tallo’s vehicle being towed, he and Debenedetta walked to Debenedetta’s house, more than two miles away. SA office declined to prosecute.

UPDATE: The city has paid out nearly $41,000 total in two separate lawsuits where the Cape Coral police were accused of false arrests at DUI checkpoints. The city settled earlier this month with Vincent Tallo and James Wilhelm. On July 13, the city agreed to a $22,000 settlement with Tallo, while on July 15, it entered into a $18,750 settlement agreement with Wilhelm, officials said.

When are enough people going to insist that these aberrations of the United States Constitution be abolished? These checkpoints are so despicable, I cannot even control my temper. We had one of these checkpoints in Sarasota county over the weekend and the Leos made 9 DUI arrests (all of their arrests in 2008 were thrown out of court because of police misconduct at the checkpoints) and wrote 207 citations. How is it possible to write 207 citations if you are just asking people if they are impaired? What is wrong with us?

Why do think I have a camera outside my front door?

September 10, 2009

I know Mark Flanagan. We used to call him Ken because he looked so much like Ken from “Ken and Barbie”. He was a very able legislator from a conservative district in Manatee County. He did a lot of good for many people in our State.

Here is another Gates stop. I’ve named these police encounters “Gates Stops” after the so called “Terry Stop” (and Professor Gates encounter) that police use so often to abuse civil rights of people just walking around on the street.

Mark made one huge mistake. He went outside his home to talk with the police. DON’T OPEN YOUR DOOR TO SOMEONE WHO CAN DO LEGAL VIOLENCE TO YOU!!!

Watch Barry Cooper’s DVD on police coming to your home. He is one of the first civil rights guys that I’ve heard who has said what I have said for years. He asks, “Why are the police knocking on your door?” Because if they had a warrant, they would have broken down the door to get at you. They need your permission to come into your home or to even talk to you. Mark did the right thing, he said he couldn’t speak to police without his lawyer. The cop tackled him and took him to jail. I don’t think Leo Harrington will be working there much longer as the former Sheriff Charlie Wells and Mark were really good friends. The Sheriff now is a guy who got the job because Charlie recommended him for the job. Leo Harrington probably hasn’t read that Sheriffs have to run for office and have to be elected in Florida.

BRADENTON – Prosecutors will not pursue a misdemeanor charge against former state Rep. Mark Flanagan, who was tackled and arrested by a Sheriff’s deputy outside his home in western Manatee County.
Meanwhile, the deputy who made the arrest, Lee Harrington, will be investigated by the Sheriff’s Office.
The State Attorney’s Office has quickly dropped a resisting arrest charge against Flanagan, jailed on Monday during a confrontation at his home in the 1300 block of 91st Court Northwest.
Harrington, a Manatee Sheriff’s deputy, went to Flanagan’s home to look for his son, Kevin. Lawmen were investigating a hit-and-run crash and found a cell phone at the scene with a text message from the younger Flanagan.
When deputies arrived, Mark Flanagan opened the door, said he knew where his son was but asked the deputy to leave a card. Flanagan refused to speak to the deputy without a lawyer.
Harrington, the deputy, said Flanagan was impeding the investigation and took the former legislator to the ground to put on handcuffs.
Flanagan, 46, was released on a $750 bond.
He served four terms in the state House, from 1994 to 2002, and represented west Manatee County.

Read this Great advice from Barry Cooper.

Top Four Reasons Why You Should Never Talk To The Kops

Tuesday, 01 September 2009 20:21
The Fifth Amendment gives you the right to never be a witness against yourself.  These are the top four reasons why you should never talk to the police.


Reason #1.  There is no way talking to the kops can help you. You can’t talk your way out of getting arrested.  You can’t give them any information that will help you at trial. Anything you say can only be used against you and not for you.  In fact, during your trial if your attorney asks an officer to repeat what you told him because it will help your case, the prosecutor can and will object because it’s hearsay.

Reason #2.  Whether you are guilty or not guilty, you may still be manipulated into admitting your guilt with no benefit in return. In more than 25% of DNA exoneration cases, innocent defendants either made incriminating statements, delivered outright confessions or plead guilty.

Reason #3.  Even if you are innocent and deny your guilt and mostly tell the truth, you can easily get carried away and tell some little lie or make a little mistake that can hang you. The only time you should talk to the kops is in the presents of a jury.  Having citizen witnesses and a court of record ensures your words do not get twisted and minor mistakes do not jeopardize your freedom.

Reason #4.  Even if you are innocent and always tell the truth, you will always give the police some information that can be used to help convict you. Supreme Court Ohio vs. Reiner states, “One of the Fifth Amendment’s basic functions is to protect the innocent who otherwise might be ensnared by ambiguous circumstances.  Truthful responses of an innocent witness as well as those of a wrongdoer may provide the government with incriminating evidence from the speaker’s own mouth.”  Too many Americans view the Fifth Amendment privilege as a shelter for wrongdoers.



MANATEE COUNTY — A deputy was suspended and demoted after an internal investigation found he was wrong to tackle and arrest a former state legislator from Manatee County.

Deputy Lee Harrington was suspended 120 hours and will lose 120 hours in vacation pay for tackling former state Rep. Mark Flanagan in September.

Harrington also was demoted to the dispatch center, losing $11,000 in salary, and will now make $32,000 a year.

On Sept. 7, Harrington went to Flanagan’s home to find Flanagan’s son, who was considered a witness to a hit-and-run crash. When Flanagan would not tell the deputy where to find his son, Harrington went into the hallway and took the former lawmaker to the ground.

Flanagan was arrested, but a misdemeanor obstruction charge against him was quickly dropped, and the sheriff ordered an internal investigation.

The inquiry found that Flanagan was wrongfully arrested because deputies are only supposed to enter homes with permission or in search of felony suspects.

Death penalty for shoplifting

September 8, 2009

BEIJING – Two employees of a Wal-Mart store in eastern China were arrested after a woman was beaten outside the store on suspicion of being a shoplifter and died, a state-owned newspaper reported Tuesday.

The China Daily said Yu Xiaochun died 500 yards (meters) from the store in Jingdezhen, Jiangxi province.

Local police said in a notice posted on their Web site that the 37-year old Yu was going home Aug. 30 when she was surrounded by five Wal-Mart employees — four men and one woman, all in their 20s — who accused her of shoplifting.

This was in China, so we can’t get too worked up about this, but this craziness over apprehending shoplifters has got to stop. Every single person who is detained over a “suspicion” of shoplifting here in the US should sue the store for violation of civil rights in federal court. If a store employee stops you because the sensormatic beeps, ask to to speak to the manager and inform him that you will be hiring a lawyer to seek damages against the store for a violation of your civil rights because they are violating your protection against unreasonable seizure and search guaranteed by the 4th amendment. If you are leaving a store like Wal-Mart and they ask to see your receipt to verify an item that you purchased, they are seizing you and searching you without probable cause.

If store managers are held accountable, these extreme cases, like the one in the above paragraph, are unlikely to happen.

We need cameras and audio on every police encounter

August 28, 2009

Bethlehem, PA.   Bethlehem police, one of the first departments in the region to use video cameras and wireless microphones while on patrol, may be the first to face a union grievance over them.

The Bethlehem police union filed an unfair practice complaint Thursday with the state Labor Relations Board, claiming the electronics will make citizens clam up rather than offer information and will endanger officers by giving them another tool to worry about using during intense situations. The complaint also notes about half of the cameras and microphones aren’t working properly.

Why aren’t citizens complaining about the cameras and the audio recordings? Why is the Leo union the only complainer here? My view is that every agency in the United States should have cameras and audio recording going 24/7. And in my State, FL, it’s public record. What did Shakespeare say, “the lady doth protest too much, methinks…”

Here is only one reason every jurisdiction should require recording.

Here’s another reason.

and another reason

and this.

And also this

I’m going to throw up

August 25, 2009

Retire the dogs

August 24, 2009

The case of Nicholas Magnusson (18). We are going to follow this case here on this blog.

On August 13, 2009 at approximately 9:25pm, Mr. Magnusson was a subject of a traffic stop on Toledo Blade and Woodhaven (city of North Port) for a burned out tag light by arresting Officer Bush.  He was eventually arrested for having about half a pound of weed in the trunk of the car. According to the police dispatch report, which anyone can view online, the arresting officer called the K9, but the dog unit didn’t get there for two hours at 11:35.06 pm. There are some conflicting times in the reports. The K9 officer reports the time of 23:34. The Sheriff’s office reports the arrest at 10:02pm(which is the time written on the probable cause affidavit). Could there possibly be some fudging of the times on the police report? The booking time is 1:00am on August 14.

The arresting officer said that Mr. Magnusson was arrested as the result of a dog sniff by K9 Gino and said in his report that the dog was there when he finished his paperwork.

in Illinois v. Caballes, 543 U.S. 405, 407 (2005), the Scotus found that a seizure (traffic stop) that is justified at its inception may become unreasonable if it is unreasonably prolonged in duration. Thus, if the sole reason for the stop is to issue a warning to the motorist, the stop becomes unreasonable if it is prolonged beyond the time reasonably necessary to issue the warning. And if a drug-sniffing dog is used during this unreasonable extension, the use of the dog violates the Fourth Amendment.

Mr. Magnusson is currently out on bail, but there is no attorney of record, yet. His arraignment date is 9/11/2009.

Redistribution of wealth

August 21, 2009

// ]]>The city of Denver is poised to settle for $90,000 complaints of wrongful arrests by a Sterling woman who spent five days in jail and a Denver man who contends officers mistook him for a man who actually was dead.

The City Council will consider on Monday settling for $65,000 a lawsuit filed on behalf of Christina FourHorn by the American Civil Liberties Union of Colorado.

The lawsuit states that Denver Police Officer Mark Dalvit wrongly submitted a warrant for FourHorn’s arrest in 2006 for an aggravated robbery in a Denver apartment complex. The officer confused her with someone having a similar name.

He located FourHorn — who at the age of 33 was seven years older than the alleged assailant and weighed 90 pounds more — by searching motor-vehicle records.

The officer made no effort to determine whether the person located from those records was the same person described by the victim and witnesses, the suit states.

FourHorn had been at home on the day of the robbery, the lawsuit states.

After her arrest, FourHorn located through a public database the true assailant, who was living in Oklahoma, according to court documents.

The council Monday also will consider settling for $25,000 a wrongful-arrest claim by Samuel Powell Moore. The lawsuit states Moore was arrested four times under an outstanding Aurora warrant for a different person.

By the time of the fourth mistaken-identity arrest by Denver police in 2007, the true suspect, William Douglas Pipkin, had been dead for three years, the lawsuit states. Even so, Moore ended up spending eight days in jail, the lawsuit states.

Court documents allege that Pipkin presented Moore’s stolen ID in 2002 when he was accused of attempting to steal $450. Police also refused to look at a court docket Moore carried with him to show he was not the suspect, the suit contends. Even after Moore protested that he did not have tattoos like the actual suspect, deputies at the jail and other law-enforcement officers failed to investigate further, the lawsuit adds.

When Moore was brought before Aurora Municipal Court to appear on the warrant, a judge realized the error and ordered Moore released.

The lawsuit filed against the city of Denver by the ACLU has five other plaintiffs alleging wrongful arrests.

Luis Corchado, Denver’s assistant director of litigation in the city attorney’s office, did not return telephone messages seeking comment.

Seems as though the City of Denver is following through on President Obama’s pledge to redistribute wealth. What the heck do the Leos and the elected representatives of Denver care about police misconduct, the taxpayers pay for the mistakes, the Leos don’t.

And shame on you defense attorneys who defend people against the State.

These arrests don’t even fall under the title of victimless crimes. These are crimes by the State with a victim.


How to sue FOR FREE.

What is the difference between this and the Gestapo or Writs of Assistance?

August 20, 2009

This is a Border Patrol checkpoint case. First thing, you have to realize is that these checkpoints are NOT on the border. They are operating these checkpoints up to 100 miles inland. (By the way, 100 miles includes the entire State of Florida).

I think I’m going to have to put my number one pet peeve as drug sniffing dogs. If you haven’t been following this case, you should. This case is a great example of the inch and mile rule. Give the Leos an inch…… State of Arizona v. Steven Anderson.

This dog handler testified that his dog was trained to detect the odor of humans and or certain narcotics. He couldn’t, however, say exactly what the dog was alerting to either humans or narcotics. He admitted that there was really no difference in the smell of  concealed humans and unconcealed humans. So, if a human is driving the vehicle or inside the car, the dog might be alerting to the smell of the driver. The drug sniff took place before the vehicle even made it to the stop sign or checkpoint. The Border Patrol spends upwards of $10,000 to train their drug sniffing dogs.

First, could someone please tell me why they just don’t use drug sniffing parrots. At least a parrot could testify in court.

Lawyer: Did you smell drugs in the car?

Parrot: Drugs in the car!!

Lawyer: When did you smell drugs in the car?

Parrot: Drugs in the car!!

Lawyer: Are you able to smell anything else, like for instance beef jerky?

Parrot: Drugs in the car!!