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Thread: SunnyVale PD

  1. #1
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    Love to know more.

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    I have audio of them doing things they shouldn't be doing. I got them to confirm that they were a conducting an illegal search and seizure durring an illegal detention. I figured I would give them 1 or 2 more encounters to see if they have figured anything out.
    When injustice becomes law, resistance becomes duty.

  3. #3
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    I'd love to know more.

    dirtykoala wrote:
    I have audio of them doing things they shouldn't be doing. I got them to confirm that they were a conducting an illegal search and seizure durring an illegal detention. I figured I would give them 1 or 2 more encounters to see if they have figured anything out.

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    i had this posted before, but then i had it removed. this is the transcript from the audio of my Sunnyvale PD encounter on 9/11/09.

    September 11 2009

    Text from audio recording during LEO contact, Starbucks on El Camino and Mathilda.



    Odle: Sir! (from about 30 ft behind me)

    Me: (to myself) I just got waved over by a cop, I’m going over to talk to him

    He’s motioned me to stop, it looks like he’s calling for back up

    Odle: who are you with? Is this um open carry?

    Me: yes sir, I’m legally armed, unloaded

    Odle: I’m sorry?

    Me: I’m legally carrying, and its unloaded

    Odle: I understand, is this part of open carry or anything like that?

    Me: um, I frequent the forums, but I don’t consider myself an activist

    Odle: ok, are your weapons loaded

    Me: no

    Odle: they are not?

    Me: no

    Odle: please keep your hand where i can see them. Do you mind if I take a look at your weapons to make sure they are not loaded?

    Me: if you are demanding, that’s alright

    Odle: I’m sorry?

    Me: if you are demanding to look, that is ok

    Odle: no, I’m asking.

    Me: well, only my weapon right?

    Odle: ok,just keep your hands where I can see them. No weird movements (muffled) (walks over) how you doing?

    Me: alright

    Odle: you got everybody a little bit attention, you got everybody’s attention today

    Me: (to myself) three cops visible

    Odle: hey, so, there’s nothing loaded here?

    Me: ammo, clips are loaded, the weapon is not

    Odle: am I being recorded or anything like that?

    Me: audio recorded, yes

    Odle: ok, so you are part of the open carry

    Me: sort of, I’m just kind of going about my business

    Odle: yeah I understand that.

    Lt. Dale: go ahead and pull him and inspect it, verify and then send him on his way

    Odle: ok just keep your hands... what kind of weapon is this

    Me: Glock model 22

    Odle: how do we… (Trying to remove my weapon from my holster)

    Me: Just pull it out.

    Odle: Just straight out?

    Me: No brass?

    Odle: perfect. Anything in the mag?

    Me: nope


    Odle: do you mind if I check the other mags?

    Me: well, they are loaded

    Odle: they are? Ok...alright

    Lt. Dale: (in radio) Sunnyvale 5.1. We’re code 4

    Odle: (to Lt. Dale) Anything you’d like to say boss?

    Lt. Dale: are you part of the group? Are you being taped right now by the way?

    Me: are you?

    Lt. Dale: yeah

    Me: you are being audio recorded, yes

    Lt. Dale: ok, alright, you’ve been thorough this routine several times right? You know what its about. We’re going to FI you, and then you’ll be on your way

    Lt. Dale: (to Odle) go ahead, just step on it

    Odle: would you mind if I checked your ID sir?

    Me: I would prefer that you didn’t actually.

    Odle: ok.

    Lt. Dale: I’m sorry, I missed that, you’re not going to identify yourself to us?

    Me: no sir.

    Lt. Dale: ok, you can identify yourself to us ok. We have legal cause to come in and figure out who you are, alright?

    Me: well, it’s not illegal for me to not identify myself correct? I can’t falsely identify, I’m just declining to identify. I’m not going to lie or anything. I’m not doing anything illegal.

    Lt. Dale: ok (to Odle) go ahead and finish a pat search on him. Have him put out his cigarette.

    Me: is it ok if I put it out on the ground?

    Lt. Dale: yes.

    (I put mycigarette and coffee on the ground)

    Odle: just put your hand behind your back

    Me.: you are going to search me?

    Odle: just a pat search, spread your feet for me, (Odle grabs my hands and starts to search)are you by yourself today?

    Me: Yes.

    Odle: You got a vest on too huh?

    Me: Yup.

    Me: Good? Can I get my coffee?

    Odleto Lt. Dale: Boss, what was the way to circumvent that whole ID thing?

    Lt. Dale to Odle: can I talk to you for a second? (Lt. Dale and Officer Odle go away and get on the phone, leaving me with Lopez)

    Lopez: the magazines are full?

    Me: Yes. That was Lt. Dale?

    Lopez: Excuse me?

    Me: Lt. Dale?

    Lopez: Yes

    Me: And you are Officer Lopez?

    Lopez: Yes

    Me: What was the other officer’s name?

    Lopez: Odle

    Me: What was that?

    Lopez: Odle

    (Lt. Dale and officer Odle are talking on their phones about 30 ft away.)

    Lopez: What kind of gun do you got there?

    Me: Glock 22

    Me: Do you know how much longer this detainment will be?

    Lopez: Not long, they are just clarifying some things.

    Me: I think everything has been clarified right?

    Lopez: what was that?

    Me: everything has been clarified right? Gun’s unloaded.

    Lopez: not yet

    Me: what’s left?

    Lopez:He’s the supervisor, he'll let you know if he has questions.I don’t know what he’s asking.

    Lt. Dale to Odle: (walkingback but still far away)we can 29 the weapon, and then I’ll have, I’ll go into star bucks, ok?

    Me to Lopez: I don’t think he’s actually aloud to check my weapon at this point.

    Lt. Dale: Alright sir, were going to go ahead and run your weapon for registration and make sure that it’s not stolen, and I’m going to go in and see if Starbucks is still comfortable with you being a customer, ok?

    Me: can I say something about that real quick please?

    Lt. Dale: yeah, absolutely

    Me: you only get the chance to run my serial if it comes into plain view while you check my weapon. You can’t investigate again after you’ve already checked it. You can do a 12031(e) check, verify and unloaded weapon, if the serial number comes into plain view and you happen to check it and run it that’s completely within your means, but you’re not allowed toactually search again.

    Lt. Dale: he’s going to search you again, he’s going to search again

    Me: he is going to search me again?

    Lt. Dale: yep

    Me: and you are officer Odle?

    Lt. Dale: officer Odle is going to...

    Me: search my weapon, again. Just to verify the serial number right?

    Odle: Yes

    Me: and a 12031 check has alreadybeen completed?

    (Odle takes my weapon from my belt holster)

    Lt. Dale: Yup. I will be right back (he goes into Starbucks)

    Me: Do you mind if I reach into my pocket and get some literature for you?

    Odle: Hold on.What is this a 40 caliber? (into radio) Sunnyvale, 5.1., 29 check hand gun

    Me: can I get your card please?

    Lopez: we’ll give you all of our names.

    Odle: (it’s going to be by serial number, is a glock model .22, 40 caliber [serialnumber])

    Odle: and you are the registered owner of this?

    Me: I’m going to decline to respond, you don’t have to be the registered owner to carry a firearm.

    Odle: Oh, ok. Just asking.

    Lt. Dale: Ok, Chris the manager, representing Starbuck’s has 86ed you from the premise, as long as you are showing your weapon ok? So if you come back it will be a violation.

    Me: That’s only inside their store?

    Lt. Dale: correct, and whatever property they govern.

    Me: Do you know what that is?

    Lt. Dale: You know what, I imagine they probably have off premise, so probably the tables too. (muffled)

    Lt. Dale: we good?

    Odle: It comes back to [name name and address]12 0 51

    Dispatch: additional information on the weapon (we have a transfer of ownership, dated (date) name, address)

    Odle: five-one, can you ten-twenty-nine him?

    Me: So you guys are now verifying my background as a result…

    Lt. Dale: we don’t know your background

    Me: well you’re verifying that there’s nothing preventing me from owning a weapon based on your 2nd check

    Lt. Dale: what we’redoing is checking on the status of the weapon, we don’t know who you are yet. You haven’t identified yourself; if you had you would have been on your way.

    Me: So because I failed to identify myself, this detainment is taking this long?

    Lt. Dale: Its taking longer than it would, yeah.

    Me: Alright. Do you mind if I give you some literature on this? I was asking if I could reach in my pocket and get this.

    Lt. Dale: I think it’s been handed out. I think our officers have come in contact and this is some of the protocol we are working through right now I guess.

    Me: this is taking longer than it should just to verify that my weapon is unloaded.





    At this point my audio recorder stops recording by accident, the conversation did not last much longer than this. The length of this recording was 11 minutes, 16 seconds. The unrecorded section of this encounter was approximately 3-6 minutes.


    When injustice becomes law, resistance becomes duty.

  5. #5
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    September 11 2009

    To Whom It May Concern:

    On the morning of September 11, 2009 I was unlawfully detained by several Sunnyvale police officers. I was contacted while a TASER gun was drawn and at the “alert” position, I was detained without reasonable articulable suspicion, I was frisked, and my property was seized on multiple occasions. Numerous Supreme Court Case Laws were violated as well as my constitutionally protected rights to be secure in my person and effects, and to be protected from unreasonable searches and seizures.

    Two officers; Lt. Dale and Officer Odle, intentionally committed these unlawful actions. It is unfathomable that the Sunnyvale Police Department employs officers who have sworn to uphold the Constitution and fail to grasp the very basics of what our country has held to be the most important to its people.


    California Penal Code 12031(e) states:





    (e) In order to determine whether or not a firearm is loaded for
    the purpose of enforcing this section, peace officers are authorized
    to examine any firearm carried by anyone on his or her person or in a
    vehicle while in any public place or on any public street in an
    incorporated city or prohibited area of an unincorporated territory.
    Refusal to allow a peace officer to inspect a firearm pursuant to
    this section constitutes probable cause for arrest for violation of
    this section.



    This statute does not allow for the serial number of the firearm in question to be run. It merely allows for a cursory check to see if the gun has a round in the chamber or any rounds in an inserted magazine. Any competent person familiar with firearms can perform this check in less than 10 seconds. By needlessly detaining me beyond the examination of my firearm, my person was unlawfully seized, a clear violation of the fourth amendment.

    In Coolidge vs. New Hampshire, the Supreme Court explained when evidence which came in to "plain view" could be used. The court held that, "Under certain circumstances, the police may, without a warrant seize, evidence in 'plain view,' though not for that reason alone, and only when the discovery of the evidence is inadvertent." Your officers explained to me, in no uncertain terms, that they were seizing my firearm a second time for the sole purpose of running the serial numbers. This clearly violates the guidelines set out in Coolidge.

    In a later case, Arizona vs. Hicks, the court put even stricter guidelines on the "plain view" doctrine. The Supreme Court ruling stated that, "Probable cause is required to invoke the 'plain view' doctrine as it applies to seizures." In my case, not only was there no probable cause, but there wasn't even reasonable suspicion. I explained to the officers in question that they were not within their rights to run the serial number of my sidearm, my complaints went unheard. These officers clearly have violated this guideline of the Supreme Court as well.

    As you may know, California at one time had a "stop and identify" statute, but it was declared unconstitutionally vague in Kolender v. Lawson. Since that time citizens in California who are not operating a motor vehicle cannot be compelled to identify themselves. In Brown v. Texas, the Supreme Court held that, despite the fact that Texas had a stop and identify statute, "The application of the Texas statute to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe that appellant was engaged or had engaged in criminal conduct." Once again, since these officers lacked reasonable suspicion, they violated this guideline of the Supreme Court.

    When these officers searched me for weapons, they did so without having reasonable suspicion that I had or was about to commit a crime. In Terry vs. Ohio the Supreme Court ruled that a police officer could perform an exterior search of a person's clothes provided that the officer had reasonable articulable suspicion. Your officers searched me without reasonable suspicion, clearly violating the Supreme Court's guidelines.

    These court rulings are not new or obscure; they are well-established and widely known. With the multitude of flagrant fourth amendment violations, I would undoubtedly prevail in a 42 USC 1983 complaint against these officers and the Sunnyvale Police Department. Without severe punishment against these officers, I fail to see how Sunnyvale Police Department can continue to perform its duties in an ethical manner. I am a lawful, peaceful citizen. I demand that steps be taken to prevent similar incidents from occurring in the future.


    Sincerely,

    [size=]



    XXXXXXXX





    SVDPS response:







    i filled out one of their generic froms to request a copy of the police report and the audio from the radio traffic and 911 calls. this is what i got from them:


    kind of strange,call came in at 9:11 on 9/11














    When injustice becomes law, resistance becomes duty.

  6. #6
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    Who regulates the police department that regulates themselves? So if internal investigations refuses to do anthing... would you contact CHP to do an investigation on the city police department?

  7. #7
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    FBI

  8. #8
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    Sue the criminals. Time for them to learn that "we can do no wrong" is an unacceptable policy for responding to citizen complaints.

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    N6ATF wrote:
    Sue the criminals. Time for them to learn that "we can do no wrong" is an unacceptable policy for responding to citizen complaints.
    the extra BS part was that the "investigator" was their direct supervisor, how can you expect someone to get one of their drinking buddies in trouble? At most he probably sent them an email saying "don't do this again, we will find something to charge the UOCers with"

    like I said though, I'll let them make contact one or two more times, if they havnt learned then a judge will be used as a teacher.
    When injustice becomes law, resistance becomes duty.

  10. #10
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    So should we start filing complaints with the FBI when our rights are violated by the city police? I have no grounds to file a complaint at this time but i'm sure many of you are

  11. #11
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    The best bet I have is to meet with the police chiefs. You'd be amazed what you find, this is not a Police Vs. Gun Rights issue at all. Many police officers as mentioned, are open to OC in CA.
    crash5150 wrote:
    So should we start filing complaints with the FBI when our rights are violated by the city police? I have no grounds to file a complaint at this time but i'm sure many of you are

  12. #12
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    So I had to run to work about an hour ago to take care of something real quick. On my way home I stopped at the liquor store for some smokes, the store is about 800ft or so from my house, about 10 cop cars were outside of it, wasn't sure if they were there for the liquor store or one of the other stores but the liquor store had it's open sign on so I walked in. The owner was holding his eye and I was greeted by 4 or 5 cops, they said the store was closed so I left. I drove about a quarter mile to 711, on my way there I saw cops and police dogs scouting the neighborhood, when I got to 711 there were 3 or 4 cop cars there with 6 or so people sitting against a fence.

    When the news interviewed Sunnyvale pd a few months ago, an officer said "I just don't see what value open carry brings to the community right now" ..... How about a sense of security?

    Needless to say, more than one gun is now loaded and ready.

    After I saw cops scouting the area I called my wife and told her to make sure the glock was loaded and hold it until I got home. When I got home she said "I pulled the thing back to make sure it wasn't loaded and a bullet came out." silly wife... Range time for you soon! She now knows (again) to drop the mag first when clearing a gun.
    When injustice becomes law, resistance becomes duty.

  13. #13
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    crash5150 wrote:
    So should we start filing complaints with the FBI when our rights are violated by the city police? I have no grounds to file a complaint at this time but i'm sure many of you are
    This isn't a new concept, and IMO should be done in every case of misconduct by LE. The primary reason is to have a paper trail outside of the local LE agency. This way they can't "lose" their documentation and say, "oh we didn't know open carry was legal" when they continue to harass you.

    Of course, it would be nice if the FBI did something other than just make a file to hold your report... but I wouldn't rely on that except in severe cases.
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