Citation Number: 2011877
My statement of incident
On February 5, 2016 I was headed home from work which I have been employed for 16 yrs with the same company....On this day I feel I was profiled by Oakland Police because of the vehicle I was driving. At e16th and 34th avenue ( the two streets crosses at a T) I stopped at the stop sign ( 3 seconds) looked both ways before I proceeded. As a made a left turn onto 34th avenue ( i saw a police car driving behind another vehicle) I came to another stop sign at e17th and 34th ave ( by this time the the police and the car they were following behind another car had just approach e18th and 34th avenue) I made a complete stop. i then Made a right onto e17th towards 35th avenue which is the street I reside on. I made a right onto 35th avenue then a left To turn into my drive way and begin to reverse into the stall in front of my residence. Before I backed up I looked in my review mirror and noticed a Marked black and white oakland police SUV. I shifted my car from reverse into park, my car was still running. I noticed the police officer getting out of his car on the driver side (citing officer) he then approached my car and ask me " why are you on the phone?" I politely responded " the phone is not working it has no service so what are you talking about" the officer then asked for my driver license, registration and insurance which I had valid proof of all three documents that the officer asked for. I then gave the Office my information he requested he then walk back to his patrol vehicle. The citing officer came back to my car and said "I smell weed" he then ask me do i have a cannabis club card I explained to the officer that I had not been smoking weed, that i had jus got off work and i was tired and where was he getting this from and why was he making false accusations. I then pulled out my phone to record the officer actions and the officer demanded that I put my phone away. The officer proceeded to open my door and demanded that i get out of my car... I told him he was violating my rights. I never gave him consent To search my car..The officer said since he smelled marijuana he had a reason to search my car. I got out of my car in front of my residence. A few minutes later another black and white police vehicle pulled up with four officers. A police lieutenant/Sargent pulled up Seconds later. Two of he four officers searched my car starting from the trunk then to the back seat to the font seat of my car. My wife, infant son and all my neighbors came outside. I was soooooo embarrassed because nothing of that nature ever happens at my residence or neighborhood. I have no record and have not been trouble with the law. I feel my neighbors look at me different now and has less respect for me. The officers searched my car the found less than a gram of weed which I had/have a prescription for. the officer then wrote me a citation stating that "i ran a stop sign on 35th avenue ( there are no stop signs on 35th ave) and possession of marijuana by driver." i refused to sign th citation because i did nothing wrong. The office stated that if i chose not to sign the citation i would be arrested and if i had nothing to hide or did nothing wrong i would not have a problem signing the citation. I signed the citation on the grounds that I would be arrested if I didn't do so. After looking over the citation carefully when the officers left it stated I was to appear at court in 30 days from that date which normally states 90 days from the date of the citation.
I went to court on October 9/29/2016 at 2:00 (a set court trial date). The judge dismissed both violations that were on the ticket due to the fact that the officer that showed up swore under oath and testified that he was the citing officer (I have paper work from the Minute Order. While the officer was giving his statement the judge realized that the information that officer was giving was not accurate and false statements were being made regarding the location where I was cited. The officer that was sworn in and testified starting reading notes/statements that the citing officer had written. I told the judge I had never seen this officer before and he was not the citing officer. The judge asked me was there any questions I had for the officer. I then asked the officer where was I cited and he could not give a correct street of the location. The judge stated that she would not make any decision and will not go off of the statement being made by another office that was not able to appear in court to to testify on his own behalf and she dismissed the case.
I feel that I was profiled and my constitutional rights were violated because I did nothing wrong but drive a car that had rims...I could have been fired from my job because I work with the police dept as a school security officer thur oakland unified school district at Oakland technical high school all because OPD felt like because of car I drive I was a bad person and they chose to single me out... After I got out of my car the officers saw my uniform and questioned me about where and who i worked for. I have been stressed out because I did know if they were going to contact the police dept that I work with thu the school. I did not know what else they had up their sleeves questioning me about my job. I would have had to pay over $500.00 for a fine/citation that I did not deserve to receive. I am a hard working young man making sure I stay out of trouble and not fall under the statistics of black men not wanting anything out of life..I take my job very seriously and was very disappointed in the oakland police dept officer to feel that he could walk into court and was sworn in and lied under oath.he was not the citing officer it seem to me that it was a joke for the officer that appeared in court. I don't understand why the the officer that were at the citing location faill/did not apper in court I'm selling my car because I feel I will now always be profiled because of the vehicle that I drive and worked hard for.
My statement of incident
On February 5, 2016 I was headed home from work which I have been employed for 16 yrs with the same company....On this day I feel I was profiled by Oakland Police because of the vehicle I was driving. At e16th and 34th avenue ( the two streets crosses at a T) I stopped at the stop sign ( 3 seconds) looked both ways before I proceeded. As a made a left turn onto 34th avenue ( i saw a police car driving behind another vehicle) I came to another stop sign at e17th and 34th ave ( by this time the the police and the car they were following behind another car had just approach e18th and 34th avenue) I made a complete stop. i then Made a right onto e17th towards 35th avenue which is the street I reside on. I made a right onto 35th avenue then a left To turn into my drive way and begin to reverse into the stall in front of my residence. Before I backed up I looked in my review mirror and noticed a Marked black and white oakland police SUV. I shifted my car from reverse into park, my car was still running. I noticed the police officer getting out of his car on the driver side (citing officer) he then approached my car and ask me " why are you on the phone?" I politely responded " the phone is not working it has no service so what are you talking about" the officer then asked for my driver license, registration and insurance which I had valid proof of all three documents that the officer asked for. I then gave the Office my information he requested he then walk back to his patrol vehicle. The citing officer came back to my car and said "I smell weed" he then ask me do i have a cannabis club card I explained to the officer that I had not been smoking weed, that i had jus got off work and i was tired and where was he getting this from and why was he making false accusations. I then pulled out my phone to record the officer actions and the officer demanded that I put my phone away. The officer proceeded to open my door and demanded that i get out of my car... I told him he was violating my rights. I never gave him consent To search my car..The officer said since he smelled marijuana he had a reason to search my car. I got out of my car in front of my residence. A few minutes later another black and white police vehicle pulled up with four officers. A police lieutenant/Sargent pulled up Seconds later. Two of he four officers searched my car starting from the trunk then to the back seat to the font seat of my car. My wife, infant son and all my neighbors came outside. I was soooooo embarrassed because nothing of that nature ever happens at my residence or neighborhood. I have no record and have not been trouble with the law. I feel my neighbors look at me different now and has less respect for me. The officers searched my car the found less than a gram of weed which I had/have a prescription for. the officer then wrote me a citation stating that "i ran a stop sign on 35th avenue ( there are no stop signs on 35th ave) and possession of marijuana by driver." i refused to sign th citation because i did nothing wrong. The office stated that if i chose not to sign the citation i would be arrested and if i had nothing to hide or did nothing wrong i would not have a problem signing the citation. I signed the citation on the grounds that I would be arrested if I didn't do so. After looking over the citation carefully when the officers left it stated I was to appear at court in 30 days from that date which normally states 90 days from the date of the citation.
I went to court on October 9/29/2016 at 2:00 (a set court trial date). The judge dismissed both violations that were on the ticket due to the fact that the officer that showed up swore under oath and testified that he was the citing officer (I have paper work from the Minute Order. While the officer was giving his statement the judge realized that the information that officer was giving was not accurate and false statements were being made regarding the location where I was cited. The officer that was sworn in and testified starting reading notes/statements that the citing officer had written. I told the judge I had never seen this officer before and he was not the citing officer. The judge asked me was there any questions I had for the officer. I then asked the officer where was I cited and he could not give a correct street of the location. The judge stated that she would not make any decision and will not go off of the statement being made by another office that was not able to appear in court to to testify on his own behalf and she dismissed the case.
I feel that I was profiled and my constitutional rights were violated because I did nothing wrong but drive a car that had rims...I could have been fired from my job because I work with the police dept as a school security officer thur oakland unified school district at Oakland technical high school all because OPD felt like because of car I drive I was a bad person and they chose to single me out... After I got out of my car the officers saw my uniform and questioned me about where and who i worked for. I have been stressed out because I did know if they were going to contact the police dept that I work with thu the school. I did not know what else they had up their sleeves questioning me about my job. I would have had to pay over $500.00 for a fine/citation that I did not deserve to receive. I am a hard working young man making sure I stay out of trouble and not fall under the statistics of black men not wanting anything out of life..I take my job very seriously and was very disappointed in the oakland police dept officer to feel that he could walk into court and was sworn in and lied under oath.he was not the citing officer it seem to me that it was a joke for the officer that appeared in court. I don't understand why the the officer that were at the citing location faill/did not apper in court I'm selling my car because I feel I will now always be profiled because of the vehicle that I drive and worked hard for.
Last edited by a moderator:
