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Chehalis PD OC stop

madicarus

Regular Member
Joined
May 16, 2014
Messages
22
Location
WA
The best part was the press release he did. The "word" got all over the world. It was even in the euro Stars & Stripes.

You have the press release, it was on tv and print media, and just followed years of notice that the state preemption law was clearly established. In January 2010, the Lewis County Commissioners began discussion to update their codes for the parks because of state preemption. A "reasonable officer" would know about the legality of firearms in the park (open carry or concealed). The fact that #135 mentioned knowing state law, and the chief writing that they discussed it before in briefings, almost shows they clearly disregarded the OP's right to be free from an illegal seizure.

The officers report about the city ordinance and even Judge Buzzard acknowledging it doesn't shield them. If we look at Cox v Hainey on qualified immunity, "In considering the relevance of an officer's pre-arrest consultation with a prosecutor, a reviewing court must determine whether the officer's reliance on the prosecutor's advice was objectively reasonable. Reliance would not satisfy this standard if an objectively reasonable officer would have cause to believe that the prosecutor's advice was flawed, off point, or otherwise untrustworthy."

Still amazing to see that in 2014 you have officers who disregarded clearly established law on firearms in the parks and video recording of public officials. At best they dont pay attention, at worst they willfully ignored it all to deal with a person not committing a crime.
 

tombrewster421

Regular Member
Joined
May 25, 2010
Messages
1,326
Location
Roy, WA
Chief Glenn, if you are reading this, you should resign. Clearly you have lost sight of what it means to be a public servant if you believe people exercising their doubly-protected Constitutional rights is nothing more than trying to bait officers into harassing them. The fact that you think having to deal with free citizens who have legal rights is annoying is telling that you are more of a tyrant than a public servant. Please leave your office so someone who understands what "servant leadership" is can take it instead.

Well stated! I'd like to add, why are the officers not smart enough to not take the "bait" if indeed citizens were baiting them? Be smart chief, you're a man, not a fish.
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
Did the FOIA Response - Recording Government Officials drop box file get taken down as well? When I click on it says the file is not there.

I am receiving the same deleted or moved message. I'll throw it on my skydrive where everything else is, I think I downloaded a copy of it before.

Edit: does not look like I saved it. Someone can send it to me if they want it added to same spot as other stuff.
 
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PeacefulstreetsLC

Regular Member
Joined
May 18, 2014
Messages
24
Location
Lewis County, WA
Peaceful Streets FOIA Request & Response

Did the FOIA Response - Recording Government Officials drop box file get taken down as well? When I click on it says the file is not there.

I think that was my fault. I moved some files out of a public folder after the chief's comments about the video; apparently I shifted the responses as well. (I'd prefer not to help them 'till I have more people helping me.)

Please see the attached response to your public disclosure request dated May 23rd, 2014. Thank you.

Kim Jackson-Smith, Records Technician
Chehalis Police Department
350 N. Market Blvd., Room 201
Chehalis, WA 98532
360-748-8605 Phone
360-748-1513 Fax
kjackson-smith@ci.chehalis.wa.us

Peaceful Streets Lewis County FOIA Request & Response

Mea Culpa. ;)

ps: I'll be dropping an identical request on Centralia PD Monday, as well as the LC Sheriff's Dept.
 
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Phssthpok

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Joined
Jul 17, 2007
Messages
1,026
Location
, ,
@1:24 in the original phone call '135' states: "..I mean...I know what the state law is, but.."

At that point she removed any question as to qualified immunity (which is simply cop-speak for 'I made an honest mistake'). It is arguable she conspired with the 'judge' insomuch as a judge is presumed to know the law, and he instructed her that it was illegal...after doing RESEARCH even.

She herself is arguably guilty of Coercion as a result of her contacting the carrier directly and then,upon being rebuffed, proceeding to call the police on him in retaliation and/or as an escalation of force. The responding officer is arguably guilty of coercion and Official Misconduct as a result of 'forcing' him to provide I.D. despite there NOT being a clearly defined 'Stop and Identify' statute in Washington. (per WSCJTC LED Aug 2004 -PDF warning-)

Good luck getting the 'king' (state) to punish his own men, though. :mad:
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
The problem is that the tax base has to pay for any settlement. I believe the one who did wrong should have to pay out of their own pockets, for defense lawyers even.

That is what I thought, and maybe so indirectly. Most cities and municipalities partake in insurance programs that cover civil rights. Get enough violations, they cut you off.......like Bellingham apparently.
 

PeacefulstreetsLC

Regular Member
Joined
May 18, 2014
Messages
24
Location
Lewis County, WA
Related issue

They're just manufacturing problems for themselves. In an unrelated incident, I stopped to try and document what appeared to be a DUI stop last night... well, in reality, all traffic stops are DUI stops. :/

One Chehalis LEO took exception to my documentation and decided to obstruct my ability to record and take shots with his spotlight. He followed me up and down the street as I tried to move out of the spot. Wasn't it only 4 days ago Chief Shaffer sent out his e-mail? :confused:

It'll be interesting to discover what's on the radio recordings...

https://www.facebook.com/peacefulstreets.lewiscounty/posts/318273711663887
 

Munkey Butt

Regular Member
Joined
Sep 5, 2012
Messages
145
Location
Chehalis
My attorney will be calling me tomorrow and I will know then if I have a case. I am guessing I will be instructed not to post anymore on this thread until everything is all said and done. Thanks all for the comments and guidance.
 

Alpine

Regular Member
Joined
Aug 10, 2012
Messages
671
Location
Idaho
Make sure your attorney takes a look at Chief Glenn's letter. In that letter he stupidly announces what the settlement range he is likely to expect and thus also accept based on previous litigation he is warning the officers about.

You could be looking at low-to-mid 6 figures.
 
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PeacefulstreetsLC

Regular Member
Joined
May 18, 2014
Messages
24
Location
Lewis County, WA
Make sure your attorney takes a look at Chief Glenn's letter. In that letter he stupidly announces what the settlement range he is likely to expect and thus also accept based on previous litigation he is warning the officers about.

You could be looking at low-to-mid 6 figures.

Those settlements he mentioned were Glik v. Boston and Graber v. Maryland. Both cases involved arrest & incarceration. Though even lacking incarceration, they are good targets.
 

BB62

Accomplished Advocate
Joined
Aug 17, 2006
Messages
4,069
Location
Cincinnati, Ohio, USA
My attorney will be calling me tomorrow and I will know then if I have a case. I am guessing I will be instructed not to post anymore on this thread until everything is all said and done. Thanks all for the comments and guidance.
IF you have a good attorney, and I sincerely hope you do - suggest that he read this thread for other insights/ideas.
 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,241
Location
Philipsburg, Montana
The problem is that the tax base has to pay for any settlement. I believe the one who did wrong should have to pay out of their own pockets, for defense lawyers even.


That is what I thought, and maybe so indirectly. Most cities and municipalities partake in insurance programs that cover civil rights. Get enough violations, they cut you off.......like Bellingham apparently.

They do a pool type situation where they group together and help each other financially. If you screw up too much, or just act dumb, they exclude you and you pay it yourself. B'ham was excluded for obvious reasons. Remember to ask for court costs.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Pursue criminal charges against #135 et al for conspiracy to... and crimes against the administration of justice. In Missouri these types of crimes are misdemeanors.

If the prosecuting attorney won't go along toss his name into the mix and file against him for aiding and abetting as well as crimes against the administration of justice.

The judge should also be on the list of law breakers having charges filed against him.

The "evidence" seems to be very convincing. It would be interesting to see a juries reaction to all the conniving going on in their local cop shop, to the detriment of the citizenry.
 

PeacefulstreetsLC

Regular Member
Joined
May 18, 2014
Messages
24
Location
Lewis County, WA
Quiet thread

My attorney will be calling me tomorrow and I will know then if I have a case. I am guessing I will be instructed not to post anymore on this thread until everything is all said and done. Thanks all for the comments and guidance.

I'm assuming by the lack of further responses, that your prospective attorney has taken your case, and advised you against further comment. If that's the case, please check your PMs. I'd be interested in contacting her to see if she'll consider another case. Thanks much. :)
 

slapmonkay

Campaign Veteran
Joined
May 6, 2011
Messages
1,308
Location
Montana
I received additional emails pursuant to my last public records request. The looks of the emails, first thing on the 15th (before my first public records request even came in) the chief and legal were already reviewing the incident and municipal code and had determined that the municipal code was in violation and needed to be repealed. I have a few things I need to edit out before posting them but it gives further insight into how quickly it was reviewed, even before they received any requests.
 
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