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Updated of my 9/11 LEO encounter

D

dirtykoala

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Jan 27, 2009
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hey,I was gone for the weekend.

what bothers me most about the response letter is that they didnt even try to address the complaint. my complaint was for rights violations, the PD responds with some crap about their policy. I didnt say anything about their policy, because I KNOW that it follows state law (KNEW). What this letter tells me is that they did not do anything against policies that were in place at the time, but they did violate constitutional rights. This is to say that they had/have policies in place that violated constitutional rights?

Maybe this is something that the FBI would be better able to address for me.
 
N

N6ATF

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Sons of Liberty wrote:
It's amazing what little "pearls" come fromFOIA requests.

Check this video out on an "open carry" stop in Michigan:

http://www.youtube.com/watch?v=a-fAjBy5vIQ

At 6 minutes and 23 seconds into the video, the LEO states, "I'd rather violate his little rights of carrying a gun..."

Confession caught on tape!
Click to expand...
Lemme guess, that confession to treason went nowhere near the ultimate penalty for such.
 
C

Citizen

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Fairfax Co., VA
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N6ATF wrote:
Sons of Liberty wrote:
It's amazing what little "pearls" come fromFOIA requests.

Check this video out on an "open carry" stop in Michigan:

http://www.youtube.com/watch?v=a-fAjBy5vIQ

At 6 minutes and 23 seconds into the video, the LEO states, "I'd rather violate his little rights of carrying a gun..."

Confession caught on tape!
Click to expand...
Lemme guess, that confession to treason went nowhere near the ultimate penalty for such.
Click to expand...

Worse. The copdidn't even get the correct Amendment.

If anything, it was the Fourth Amendment (search and seizure).

Says a lot about the police in that burg when one of them can't even name the correct Amendment.
 
C

CA_Libertarian

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dirtykoala wrote:
Maybe this is something that the FBI would be better able to address for me.
Click to expand...
Doesn't take much time to mail a copy of your complaint to the local FBI field office. If nothing else, it's an excellent way to document your incident in case of future harassment by the same department.
 
4

4armed Architect

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Jun 14, 2008
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L.A. County, California, USA
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dirtykoala wrote:
Snip...
Dear ------------------:

On September 11, 2209, you filed an inquiry concerning the policies and procedures of the City of Sunnyvale, Department of Public Safety. i have thoroughly reviewed the incident concerning your inquiry and found the officers were following the policies and procedures set in place at the time and tehre was no misconduct on their part. ... Snip

Sincerley,

blah
Click to expand...
So, you have it in writing that they just followed their "policies and procedures". Prove, in court (or to the FBI) that those policies and procedures are a willful Constitutional violation(pretty much a slam dunk) , and you have a winner...

Hopefully you can pursue this. Their actions need to stop. And, if possible, make them pay big time. It truly is the only effective means that will get them to stop. That includes the City, the P.D., the management at the P.D. (who are in charge of the "policies & procedures") and the officers themselves who can't be bothered with knowing the laws they are charged with enforcing. It's disgraceful.
 
N

N6ATF

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Location
San Diego County, CA, California, USA
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4armed Architect wrote:
dirtykoala wrote:
Snip...
Dear ------------------:

On September 11, 2209, you filed an inquiry concerning the policies and procedures of the City of Sunnyvale, Department of Public Safety. i have thoroughly reviewed the incident concerning your inquiry and found the officers were following the policies and procedures set in place at the time and tehre was no misconduct on their part. ... Snip

Sincerley,

blah
Click to expand...
So, you have it in writing that they just followed their "policies and procedures". Prove, in court (or to the FBI) that those policies and procedures are a willful Constitutional violation(pretty much a slam dunk) , and you have a winner...

Hopefully you can pursue this. Their actions need to stop. And, if possible, make them pay big time. It truly is the only effective means that will get them to stop. That includes the City, the P.D., the management at the P.D. (who are in charge of the "policies & procedures") and the officers themselves who can't be bothered with obeying the laws they are charged with enforcing. It's disgraceful.
Click to expand...
Fixed.
 
H

Hayashi Killian

Regular Member
Joined
Jun 25, 2009
Messages
25
Location
San Diego, California, USA
imported post

I have to echo Nathan here. I read this story and the first words out of my mouth were "SUE!". If I were you, I'd FOIA every little bit of information I can, file reports with the local FBI office, District Attorney, a lawyer, and even try to get some media attention at the court hearing, make it a complete circus. What they did there was absolutely inexcusable.

Also, as 4armed Architect pointed out rather brilliantly, they gave you a written confession that their own policies and procedures are unconstitutional. I can't think of a single judge who can ignore that without facing serious backlash.
 
Thundar

Thundar

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Newport News, Virginia, USA
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IANAL, but have made police complaints. This is my opinion, but

What the police did was compare their policies to your complaint. Now what you need to do is submit a FOIA to get the policies that they used for comparison.

When you get the policy results you can do your own comparative analysis of the policies to your constitutional rights and your particular case. If the policies allowed the officers to violate your constitutional rights - Bing we have a winner. If the policies were not followed - bing we have a winner.

I predict that what they will try to argue in court is

1) Your rights were not violated.

2) The law was not clear (honest mistake about obscure law)

3) No real harm.

or

4) Bunch of lawsuit happy activists, which is about LEO harassment.



I think that what you have is very compellingevidence so far.

A)voice recording - second unreasonable search - clearly not consensual as you object - and they are doing it to unlawfully gain a serial # and extended unlawful detention which you object to.

B) Memo from police saying they cannot search for serial #, and that the UOC movement started in 2004, 5 years ago.

C) Work on the harm aspect of your case. A) detention and B) police going out of their way to trespass you from Starbucks C) Humiliation, etc.
 
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