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Abuse of Power... Criminal Trespassing...

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M

MidnightRun

Guest
What is the name of your state? Texas

Ok, this is my first post here, so please bear with me as this is a very simple yet somewhat long story. Here's tha basic layout of my situation, as well as many others.

Tonight, I was with my car club for our usual meeting at a car wash only blocks from my house. In attendance were probably about 14-18 cars and about 30 people. We have gathered here for months with no problems at all until tonight. We were doing the usual, hanging out and washing our cars. Everyone got done, and we were talking about what we had planned for the night(Bowling & Dinner). As all the discussion and hanging out was going on, 5 police cars pulled in a basically told everyone to stay put. I had no idea what was going on, only to find out they were to give us all citations for 'Attempted Criminal Trespassing!'

Why? I guess the answer to that would simply be look up and you shall see! Literally! We had never been harrassed by the cops before here at this exact location. They even would park across the street and keep an eye on us from time to time. We never did anything wrong! Well, since last weekend, apparently a NEW(as in not there before) No Loitering Sign was posted on the premises that no one had seen until the police pointed it out to us last night. Why didn't we see it. Because it was posted about 30ft in the air on a flagpole!!!!:mad:

Honestly, had we seen the sign, we would have gladly left. Had we recieved a warning to leave the premises, we would have left! How could we possibly have noticed a 1ftX1ft No loitering sign 30ft in the air.

All of us recieved the same citations. I'm wondering how legal this is.... how can we be ticketed for something so obviously unfair, and blatantly set-up by the cops!!! To make it even worse... we experienced severe misconduct on the part of the officers there, one in particular.

He was cussing, yelling, and obviously abusing his power... and it's not the only time this same officer has done so. My brother(who was also there and the main target of the officer's abuse) and I had a similar encounter with the same officer about 6 months prior. We were going to a friends house, and while on the way, were pulled over at a road block because my brother had no front plate, and was displaying expired registration even though he actually had the new sticker in the car with him. Anyway, this cop physically threatened my brother during this altercation for no reason at all. My brother signed the tickets, and was very polite despite the circumstances. He asked for a badge number and name with the intentions to file a complaint, which set the officer off. He refused to give the info to my brother, threatening physical harm to him again, until him finally swung the door open and manhandled my brother out of the vehicle. He put him under arrest, the proceeded to make me walk blocks in what he admittedly called a 'very dangerous environment' even though he had a phone in his car that I asked to use to phone my father. Some of his exact word were 'get the **** out of my site!' Please excuse my language. Anyways, the cop was bluffing the whole time.... my brother asked for his supervisor, who arrived and let my brother go and apologized. My brother filed a complaint, only to find they didn't discipline the officer at all. He laughed at the fact that my brother was upset at his abuse of power while at the meeting last night, stating that 'his superiors won't do **** to him regardless of his conduct because he can do as he pleases!' He reffered to the fact that he had gotten off unscathed from the previous altercation, and hinted that he could always do whatever he pleased!

Anyways, my question is, where do i go now? All 30 or so people there are ready to file a massive complaint, along with a petition to have this officer removed from the police force! We intend to all plead Not Guilty because of the fact that we were never warned to leave the premises, and the sign was in such a place to make it impossible for anyone to actually see it! Does anyone think we stand a chance? This little sting was well orchestrated, and I'm sorry to say that I have lost ALL RESPECT FOR ALL OFFICERS because of the conduct I have witnessed on there part. We were held for about an hour while they issued the tickets, and I immediately phone my GF when they arrived because things seemed 'shady.' She came to the site(across the street) and recorded almost everything that heppened, taking note of the sign's location and the conduct of an officer when he got into the face of one of my member's little brother, cussing at him and downright being abusive for no apparent reason!

Please help me and give me some advice. I know this is a long story, but I also left a lot out. It's just a lot to cover when so many bad things went down. Things that I certainly feel are unjustified and seriously against the law and code of eithics that I believe everyone shoud carry themselves by, especially people in positions of power!!
 
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H

hmmbrdzz

Guest
Follow through with a complaint against the officer for all misconduct. For the trespassing charge, plead not guilty and use the argument that the sign was too high to see.

hmmbrdzz
 
M

MidnightRun

Guest
Do you have any advice as to what avenues to take in filing this complaint? I've searched and searched on the net to no avail. The last complaint we filed against this particular officer and his partners, who laughed in the background at their fellow officers blatant misconduct, lead no where. No disciplinary action was taken... never even got an apology. What did it do? Just gave the officer more reason to abuse his power again. How can I make that assessment? Because he basically told us that last night, citing my brother's complaint as an example as to how complaints are useless! He was taunting my brother... telling him that if he had a problem with my brother they could take care of it behind the car wash where we were at.

You know... they were treating us like a group of criminals, when we'd done nothing wrong. We've never been invloved in anything remotely criminal. We're not some stupid gang. We're not looking for trouble either!! It's sort of ironic... my perception of the police is just that... there nothing more than a gang, a bunch of bad individuals with a lot of power, who know they can abuse that power at their own will! Yeah, like my brother is going tio fight a cop. Whatever, he's smarter and has more respect than that.
 

Son of Slam

Senior Member
Anytime you get a bunch of hotroders from Hell, drinking and racing and firing guns next to an elementary school, you can expect this to happen.
 
M

MidnightRun

Guest
Son of Slam said:
Anytime you get a bunch of hotroders from Hell, drinking and racing and firing guns next to an elementary school, you can expect this to happen.
:rolleyes: This is exactly the opposite of what happens at our meets! No drinking, no drugs, no burnouts, no loud music! Sure, we get idiots that pass by now and then doing stupid things. What happens? The cops across the street watching us run them down and give them what the deserve! Tickets, whatever!

And we aren't hotrodders... mostly imports. We take our racing to the local tracks, and we aren't a bad bunch! Hell, we even had one cop compliment us while at a whataburger in a near by town because although there were about 20 of us, he stated we were very orderly and respectful. Yeah, some of the guys threw a fry or two at each other, but before we left, we picked up everything, and left the place as it was before.

So if you're trying to justify extreme police misconduct because of what I chose to drive, and that we exercise our right to freely organize and meet while meeting and abiding all laws, then you're sadly mistaken. Cops aren't God, yet they tend to think they are.

People always ask how someone could resort to something as evil as the sniper shootings of police officers like a famous case a while back. Perhaps the sniper's life was filled with encounters with corrupt cops, which encited his hatred and anger towards police. I'm not justifying his decision to become a murderer, as it's something no one should resort to. But there's always two sides to a story. What makes cops so special? Their not always right... their not angels! People tend to believe cops have very high morals... I'm sorry, but from what I've experienced, it's the complete opposite!
 

Son of Slam

Senior Member
MidnightRun said:
Cops aren't God, yet they tend to think they are.

People always ask how someone could resort to something as evil as the sniper shootings of police officers... I'm not justifying his decision to become a murderer,.. But .....

Thinking of revenge now?
 
M

MidnightRun

Guest
Defiitely not! I just want this cop and his partners off the force. Don't get me wrong... I've met good cops before, like the one we met at that whataburger. We even had a cop come to one of our meetings because he liked one of the cars.

These officers in particular don't deserve to be part of the police force. I mean, this officer was treating the 12 yr. old brother of one of our members like he was a hardcore criminal. He ws yelling directly in his face, cussing, all for no reason.

These cops are out to intimidate us. Actually, I believe that this one officer in partiular is racist. I'm in the process of getting the local media involved, and sending them the tape that my GF recorded of some of what happend.

What they are doing isn't legal! Like I said, we aren't criminals. 'Thinking about revenge?' That's a pretty stupid question to pose, and a even stupider thing to resort to.
:rolleyes:

There is a difference between revenge and justification. I want justification!
 

Son of Slam

Senior Member
Just teasing with you MidnightRun. You sound like a pretty upright guy. Not like a lot of questioners in the Criminal Law section. Maybe realize cops don't just play "good cop, bad cop", some are.
 
H

hmmbrdzz

Guest
I'm sure if I had looked long enough I could have found a site specific to Texas, but here are some sites related to procedures of filing complaints against police officers. Hope you matter gets resolved. My ex is a cop, but don't worry -- I understand totally that there are corrupt ones out there, and it does sound like you've been subjected to some unnecessary sh**. ;)

Good luck. Good reading.



http://www.lawtonpd.com/comp.htm

http://www.ci.riverside.ca.us/rpd/IA.html

http://www.hrw.org/reports98/police/uspo20.htm

http://www.yorkdispatch.com/Stories/0,1413,138%7E10543%7E256074,00.html


hmmbrdzz
 
N

nhunsb1

Guest
File a complaint with the local police department. (Call the police department if unsure of how to get the ball rolling)

I would also recommend taking pictures of the sign so the court can see that you are not exaggerating the height and size of the sign (have someone stand under it to show scale).
 
M

MidnightRun

Guest
Ok, so far I've emailed our story/complaint to all 4 of our major local news stations in the area. Hopefully we can get the story out because media attention gets things done and brings about change quickly!

As far as filing the complaint... my brother is aware of the process on filing a complaint with the police department, as he did so after the first incident. It just seems like it was a joke to them because absolutely no discilinary action was taken against any of the officers. I'm wondering if maybe there is a 'more effective' way to get our complaint reviewed. Maybe a place where we could file a complaint other than the police department. It just seems ludacris to me if we are actually supposed to believe that the police will govern themselves and take the proper action to remedy the situation and many like it! It's like the President passing a bill to place restrictions on his powers, or those of his government! It doesn't make sense. The people govern government officials, not the government officials themselves!

Also, what do you all recommend in terms of the avenue to take in contesting these tickets. Should all 30 of us simply plead not guilty on our own? Or should we all take them in at the same time? Take them all to the same lawyer? There is no doubt that we will all be contesting these tickets, and I believe we have a strong arguement, I'm just wondering what's the best action to take... as a group or individually?

Thanks for everything so far! I really appreciate it!
 
D

DRN

Guest
I think that you should approach it as a group. Get a good aggressive lawyer and see if he/she will represent all of you.

That could mean you will all pay a little less than if you had all retained your own attorneys.

It could also intimidate the court - sort of like "Oh, what the hell do we have here" and could possibly encourage a favorable solution. They may not even know HOW to deal with it.

Regarding the PD, check with the State government - Attorneys General office or the equivilent. There is oversight of local police departments.


My 2 cents.
 
V

VidaRoybal

Guest
File Complaint with your Independant Police Auditor

You definitely want to file a complaint with your local Independent Police Auditor - because filing a complaint with the police station will get you no where. Filing the claim with an Independant Police Auditor is the only way to go since they are not connected with the police dept. but a total separate review board. They will take your statement and hopefully you were able to take down at least the names of the officers if not their badges, and they will let you know if other complaints against them have been filed previously within the last 5-7 years. This information stays on their record and can not get exponged for 5-7 years. I would definitely use an other name other than your brother's name so that it will seem as though more and more citizens are filing complaints against this particular officer. I'd even have your friend file a complaint for his brother or the parent of the child. And anytime the office goes for review this information will be seen. Unfortunately the Independant Auditor will decide wether what they (the officer) did is punishable or not, but at least your complaint stays in their file. And just make sure to finish the process to the end..it's a simple process, but will take a few weeks. Just look in the phone book for the name of your city's independent auditor.

Good Luck, and don't let allow the enemy to make you feel that all cops are bad, because they aren't - there's just always a few bad apples. It's just unfortunate that those bad one's give a misconception about other good one's. And you're right, it isn't Checkmate! Because The King has one more move! And he is Lord!
 
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H

hmmbrdzz

Guest
MidnightRun said:
Ok, so far I've emailed our story/complaint to all 4 of our major local news stations in the area. Hopefully we can get the story out because media attention gets things done and brings about change quickly!

As far as filing the complaint... my brother is aware of the process on filing a complaint with the police department, as he did so after the first incident. It just seems like it was a joke to them because absolutely no discilinary action was taken against any of the officers. I'm wondering if maybe there is a 'more effective' way to get our complaint reviewed. Maybe a place where we could file a complaint other than the police department. It just seems ludacris to me if we are actually supposed to believe that the police will govern themselves and take the proper action to remedy the situation and many like it! It's like the President passing a bill to place restrictions on his powers, or those of his government! It doesn't make sense. The people govern government officials, not the government officials themselves!

Also, what do you all recommend in terms of the avenue to take in contesting these tickets. Should all 30 of us simply plead not guilty on our own? Or should we all take them in at the same time? Take them all to the same lawyer? There is no doubt that we will all be contesting these tickets, and I believe we have a strong arguement, I'm just wondering what's the best action to take... as a group or individually?

Thanks for everything so far! I really appreciate it!

My response: Regards the complaints part -- you should request a copy from the police department of their complaints process. Follow it to a T when filing this complaint. If you're going to push a complaint against an officer, you have to "appeal" the outcome of the first decision if you aren't satisfied with it. There are many processes involved. Those sites I provided (I thought) gave some guidelines on who else to complain to. Write letters to your town commissioners, town administrator, chief of police, the Mayor (cc: them to each party you send). Start a paper trail. There are some other review boards, too. (Look at those sites again). Keep the written complaint to one page, if possible.


hmmbrdzz
 
N

nhunsb1

Guest
The entire group needs to go and file complaints. One or two complaints are not going to receive the attention that 30 or so will.

Good Luck!
 

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