Thurston County Rodeo

Hi all, I'm a longtime lurker . This is a request for advice as to what should be included in a request for public records.
I was asleep in my vehicle about two vehicle lengths from SR8.
I awoke to multiple spotlights. A Thurston co. deputy stated the contact was a welfare check. He then requested that I identify Myself "for the report".
I declined to do so. After multiple repetions of this request-responce, I asked "Am I free to go? His responce was "no. You are being detained for obstruction of an investigation". He then ordered me out of my vehicle. I was handcuffed and searched. I was carrying an empty revolver in a shoulder holster outside my clothing & an empty rifle was on the seat beside me.
After more insults and haressment, I was released and all the officers departed.

Here you can borrow mine. I might be wrong, but since you were in the car they could ask for your DL. (I always offer my suit to the new guys till their skin thickness builds up)

golddigger14s said:

Here you can borrow mine.

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Flame retardant suit? Is that to protect him from the flames, or from the retards?

Seriously tho I don't see much room for flamage here. The fellow was doing nothing unlawful, the cops tried to play the ID game, but...



Good for him.

Welcome, lurker! Someone will be along shortly with a response to your question that's actually, well, relevant.

Unfortunately I don't have an answer to your question though there are many on here that will be able to once they find this thread.
On the plus side, going off of what you posted it sounds like you did everything right. You stuck to your guns. (No pun intended.)
Obviously the cops knew they were feeding you bull**** with the whole "obstruction of an investigation" line or you would not have been let go.
Good luck in your quest.

I think you can request the report, any associated radio calls, and a copy of any 911 calls that would have come in to facilitate your "welfare check". If you weren't committing a crime, or suspected of committing or about to commit I wouldn't think they could "demand" ID? They could probably have ran your plates while you were sleeping to check for stolen/warrants etc maybe and then went off of that info for further investigation should anything have popped up. But in your case I would think a "Hey Buddy, you okay?" should have sufficed... I tried a quick search of what an officer's duty is for a "welfare check" but came up empty handed and my 2 1/2 year old needs me now.....

-Thor

deanf said:

Of course we don't really know what happened.
[/COLOR]

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... point being? Based on what the OP reported...

Based on the theory that the true test of a person's intelligence is how well they agree with you, I have to conclude deanf is a genius, but I digress.
What I have come up with is:
1. All communication regarding THE George from <date of incident> to <date of freedom of information act request> originating in or recieved by the sheriff's office (S.O.).
2. Name & rank of all personnel on the incident scene.
3. Policy and training of (S.O.) in regard to contact with an armed member of the public.
4. Discipline and training records of (S.O.) personnel at the scene
Additions/modifications are solicited.

Any suggestions for a lawyer versed in similar situations?

The charge of "obstruction of an investigation" was dismissed at my pre-trial hearing December 7 2012.

THE George said:

After more insults and haressment, I was released and all the officers departed.

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and today...."THE George
The charge of "obstruction of an investigation" was dismissed at my pre-trial hearing December 7 2012."

In #1 you were released without charge.
In #2 the "charge" you did not get was dismissed.
This does not compute. What did you leave out.

deanf said:

Point being the facts of the contact could be vastly different from what was posted, so I disagree with the rush to anoint the OP as a victim of "The Man".[/COLOR]

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And the facts of what you're actually thinking could be wildly different from what you posted...but nobody implies you're lying, despite the lack of proof.

Taking it at face value.

They were involved in a welfare check, NOT an investigation.

They contacted you, and reasonably determined that nothing was wrong and no crime had been committed.

There was no RAS for a detention (Terry), and, while they may have engaged in a consensual conversation, nothing raised to RAS for a detention.

So, they detained you unlawfully to conduct a speculative criminal investigation absent RAS, then arrested you for not cooperating with the illegal detention.

Cite and release is an arrest.

They put the cart before the horse. They can't investigate you for not ID'ing yourself when there is no investigation to begin with.

What was the RCW listed on the citation?