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Thread: Deputy's transgressions caught on videotape

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    Deputy's transgressions caught on videotape

    CalCoastNews.com
    July 16, 2010 5:51 pm

    Which has the most weight in a court of law — the testimony of a law enforcement official, or that of an average, law-abiding citizen?

    A rare opportunity to see, and hear, how some San Luis Obispo County sheriff’s deputies view the U.S. Constitution is contained in a 22-minute “mini-documentary” on a news website just launched. That opportunity is presented by deputies themselves, talking into their shoulder microphones and standing in front of their vehicle-mounted cameras.

    In this case, the recordings tilt the argument in favor of the citizen… in a big way.

    Deputy Darren Murphy is featured in the first video report by KCCN.tv, a project of Central Coast News Agency. Murphy leads a squad of heavily armed deputies into the yard of a North County man, then into the man’s house , and ultimately, into a locked gun safe. Sheriff’s department recordings made by the deputies themselves clearly illustrate their lack of concern for individual rights; deputies can be overheard manufacturing reasons for the intrusion into the home, the gun safe, and for the pending arrest of longtime resident Matt Hart.

    The video report is the first of what Central Coast News Agency editor Daniel Blackburn says will be monthly offerings by the new Web site.

    Blackburn, who helped found CalCoastNews.com, cited “Deputy Murphy’s uncensored, darkly disturbing observations and behavior following his Code 3 arrival at the rural home of Hart. Those utterances were picked up by Murphy’s and other deputies’ own recorders,” Blackburn said.

    “Those recordings provide a rare, frighteningly revealing, behind-the-scenes perspective of how one local law enforcement agency views the Fourth Amendment to the U.S. Constitution, and other laws its personnel are sworn to uphold,” he said.

    Watch the full video documentary at http://www.kccn.tv/. Note, you may have to download plug-ins in order to view the video.

    http://calcoastnews.com/2010/07/depu...-on-videotape/

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    Regular Member Curmudgeon's Avatar
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    No surprises in that video. Standard police incompetence. "Oooooh! Shots were fired in a rural area! Omigod! Lets add some drama to our otherwise boring patrol work and treat this as the most dangerous possible situation so we can feel some excitement!"

    Seizing keys and opening a gun safe as part of a protective sweep? For crying out loud, already. Of course, it could be that the depyootee's cousin Goober, the magistrate, was not available to issue a warrant for searching the gun safe.
    Last edited by Citizen; 07-18-2010 at 03:28 AM.

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    Just doing their job.

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    Angry

    These LEOs are CRIMINALS!!! They NEED to be fired from the service.
    Last edited by CA_fr_KS; 07-19-2010 at 01:45 AM.

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    Regular Member SouthernBoy's Avatar
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    I would hope that the homeowner pursued legal remedies and punishment for those officers, their superiors, and the county for such an unconscionable transgression upon his rights. The officers, in this case, can be reached personally as they violated the law under the color of law. Here's hoping they're carrying out the garbage at some seedy restaurant in the inner city.
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    Regular Member Thundar's Avatar
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    The most amazing thing about this thread is that all the dash cams did not come down with a malfunction on that day, that was discovered when the FOIA request was recieved by the Sherriff's Dept. Often happens in other locations in our great nation.

    The police have no good reason for what they did to this citizen. Sure they are foolish and overreact to the shots fired. That can be fixed with proper training. The trampling of constitutional rights, and the make up excuses afterward should get them a ticket to the unemployment line.

    I would have to say this would be a great opportunity to pierce their immunity and sue them as individuals for violation of constitutional rights.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Quote Originally Posted by Thundar View Post
    The most amazing thing about this thread is that all the dash cams did not come down with a malfunction on that day, that was discovered when the FOIA request was recieved by the Sherriff's Dept. Often happens in other locations in our great nation.

    The police have no good reason for what they did to this citizen. Sure they are foolish and overreact to the shots fired. That can be fixed with proper training. The trampling of constitutional rights, and the make up excuses afterward should get them a ticket to the unemployment line.

    I would have to say this would be a great opportunity to pierce their immunity and sue them as individuals for violation of constitutional rights.
    You have a year to sue and it appears this happened in 2008. So, unless a suit has been filed it is too late. IANAL so I could be wrong about the one year limitation.

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    Regular Member Bobarino's Avatar
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    there was a reply to this same situation on THR where the author cited a statute that said it was 5 years for statute of limitations.

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    Quote Originally Posted by Bobarino View Post
    there was a reply to this same situation on THR where the author cited a statute that said it was 5 years for statute of limitations.
    Probably 5 years to pursue a felony charge, but I doubt a civil judgement for civil rights violation.

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    Regular Member Huck's Avatar
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    "It was just like being robbed by a criminal". Matt Hart

    He WAS robbed by criminals. Anyone who breaks the law is a criminal and those so-called LEOs broke the law. I have no doubt that the guns that hav'nt been returned (and probably never will be) are in the personal collections of the crooks who took them "for safekeeping".

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    You know, the really sick thing about this is that without appropriate checks and balances, various law enforcement personnel can get in the habit of repeating this un-Constitutional fluff to one another to the point where they actually believe it, and even beyond - where they act on it as in the case cited in the OP of this thread.

    Shameful! Quis custodiet ipsos custodes? Thankfully, in this case, it was the judge, but dang it! This should have been nipped in the bud long, long before that by anyone (if not everyone) in the department who recognized the gross illegality of these actions.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by since9 View Post
    You know, the really sick thing about this is that without appropriate checks and balances, various law enforcement personnel can get in the habit of repeating this un-Constitutional...
    I think it will require more than a check or balance. I think it will require an outright penalty easily sought and obtained by the aggrieved.

    Once upon a time in this great country, if a magistrate issued a defective warrant he was personally liable for the trespass.

    Nowadays, we have very little. Oh, we have the exclusionary rule, but even that has been watered down by the "good faith exception" and the recent ruling that the exclusionary rule only applies when the exclusion would deter police--meaning the exclusionary rule does not have to apply when it might just be fair to the defendants even if the police kept repeating the bad behavior.

    Here is an eye-opening essay that covers some of the early days of the 4th Amendment. It is astounding how far things have deteriorated: http://www.constitution.org/lrev/roots/cops.htm

    Here is a 4th Amendment blog I check daily. http://www.fourthamendment.com/blog/

    4A.com is run by John Hall. He made a very astute observation recently. Something like, "The good faith exception is the judicial way of saying 'close enough for government work.'"

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    Regular Member Sig229's Avatar
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    Unfortunately, I am not surprised by the LEO's actions.

    Today, a badge = that of a saint in most eyes of the public and court juries.

    I truly fear for the future of this nation.
    "Let your gun be your constant companion during your walks" ~Thomas Jefferson

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    Quote Originally Posted by kwikrnu View Post
    Just doing their job.

    http://en.wikipedia.org/wiki/United_...Bill_of_Rights

    I hear its a good read. A song by Corey Smith comes to mind

    http://www.youtube.com/watch?v=n824j...eature=related
    Last edited by All American Nightmare; 07-25-2010 at 03:57 PM.

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    Hey! Somebody Is Compiling Stats on Police Misconduct!

    Here is a website compiling stats on police misconduct that I just found out about:

    http://www.injusticeeverywhere.com/?p=2776


    I haven't had time to more than skim the first page. One thing that struck me was that in the first half of 2010 almost $150M has been paid out in settlements and judgements related to police misconduct.

    I found out about the website at Radley Balko's blog: www.theagitator.com

    If you have not read it, hunt up Balko's report on police swat raids. The title includes the word "overkill". According to his research, almost 40 innocent people have been killed in police swat raids in the war on drugs.
    Last edited by Citizen; 07-25-2010 at 04:29 PM.

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    Bookmarked! VA is at the top for some reason. hmmmmmmm

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    This is poor science.

    Quote Originally Posted by Citizen View Post
    Here is a website compiling stats on police misconduct that I just found out about:

    http://www.injusticeeverywhere.com/?p=2776


    I haven't had time to more than skim the first page. One thing that struck me was that in the first half of 2010 almost $150M has been paid out in settlements and judgements related to police misconduct.

    I found out about the website at Radley Balko's blog: www.theagitator.com

    If you have not read it, hunt up Balko's report on police swat raids. The title includes the word "overkill". According to his research, almost 40 innocent people have been killed in police swat raids in the war on drugs.
    This site is manufactured from NEWS REPORTS. There is absolutely no review or fact checking besides duplicity. I sure do hate police misconduct, but I hate false statistics just as much.

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    The worst part is,

    That the general public, at least some, think that it's perfectly okay for these LEO's (and I use that term loosely in this instance) are justified by doing this. Because of the "dumbing down" of our education system our children are not taught the Constitution and BOR in school. So they have no idea what their UNaleinable Rights are. We as parents and grown up type folks are morally bound to "teach our children well, their fathers hell did slowly go by" Danged if that ole Crosby, Stills, and Nash song doen't spring into my mind often now.
    The people in the government are the ones that were on the streets in the 60's and early 70's chanting "No more war" and all that yada yada,,now they're the ones wearing suits and destroying our country. This is the kind of thing that will happen on a grander scale unless and until we rid ourselves of these Progressives in government by voting them OUT!
    ‘‘Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.’’ Thomas Jefferson

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    UPDATE: July 28, 2010

    http://www.kccn.tv/

    This (above) site has attracted more than 1.7 million hits from visitors in 94 countries across the world since it launched 13 days ago. Substantial initial interest was generated locally by CalCoastNews.com; then, the state's largest gun owners' forum, CalGuns.net, got heavily involved in discussing the issue, posing possible solutions, and helping broadcast the site's debut 22-minute video internationally. CalGun's members' comments are now approaching 1,000 in number, and the group is one of several helping to spearhead varied efforts to assist Matt Hart. And when the video was discussed by Dave Congalton on his Home Town Radio show on 920 KVEC July 20, unique visits to KCCN.tv increased by tens of thousands within hours. Activity on the site has not yet slowed. The editors are gratified by this display of universal interest in protecting rapidly-eroding Constitutional freedoms.

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    Regular Member 25sierraman's Avatar
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    That whole video made me sick. I hope that these deputies lose their jobs and spend the rest of their days in poverty.
    HOOAH?

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    That whole video made me want to puke. The 'deputies' shouldn't just be fired, they should be tried for conspiracy, falsifying documents, probably purjury, tresspassing, false arrest, filing false reports, breaking and entering, as well as burgulary. (just off the top of my head)

    I feel bad for the citizen in all of this. Minding his own business on his own property, and somehow they actually got him to plead guilty to one of the BS charges that they made up to cover their own azzes. That's some stormtrooper sh^t right there.

    And yes, he should definately get his guns back. They had absolutely no right to take them in the first place. The logic of getting his keys, entering his home and UNLOCKING his gun SAFE to take his guns for 'safe-keeping' is completely beyond me.

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    42 usc 1983 is 2 years statute of limitations. This guy won't sue, though. He probably wants someone else to do his dirty work and just wants to make a spectacle of it all. If he does sue, bravo to him. He is better than most people.

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    Quote Originally Posted by codename_47 View Post
    42 usc 1983 is 2 years statute of limitations. This guy won't sue, though. He probably wants someone else to do his dirty work and just wants to make a spectacle of it all. If he does sue, bravo to him. He is better than most people.
    That's the whole idea and who's hidden that videos?
    San Luis Obispo County sheriff’s deputies? DA?
    His public lawyer is a freinds of them? Why his lawyer didn't get that videos before court?
    They can re-trail for that reason.

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    Quote Originally Posted by george everette sibley View Post
    Be careful what you suggest on this site, as it appears the management frowns heavily upon casting a disparging word towards law enforcement officers.

    There's even an attorney on the Louisiana forum here who stated usc 42 sec 1983 can't be used against cops, especially when it comes down to gun rights violations.
    You may want to refresh yourself on the policy on cop-bashing here. This thread is evidence that the "management" (aka John and Mike) tolerates criticism of specific bad acts by police officers. The only time I've seen them step in is when someone translates such criticism to bashing of LEOs in general. Furthermore, my experience is they are loath to react except in the most egregious cases.

    Your criticism of what you call the "management" is unfounded.

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