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State Preemption

Lammo

Regular Member
Joined
Oct 15, 2009
Messages
580
Location
Spokane, Washington, USA
imported post

sudden valley gunner wrote:
Lammo wrote:
heresolong wrote:
Lammo wrote:
unless the citizen has smoothed the way with the prosecutor in advance.
Or to paraphrase "if the citizen is charging the police with illegal conduct".

Nothing against you lammo (you said "we" so I assume you are a prosecutor) but that is one of the problems with our system. Prosecutors work for the same branch of government as the police so police officers rarely get charged unless there is an egregious breach of law. Whereas we the civilian get cuffed on the sidewalks in downtown Bellingham when no law has been broken.

Rob, what do we need to do to get you a lawyer? Have you filed a FOIA request for all 911 and vehicle tapes from the stop? I am willing to chip in to stop Bellingham PD from running roughshod over our rights.
You guessed correctly - - I am a prosecutor - - 22 1/2 years.Sounds to me like you all have a hostile climate over there in the Bellingham area. The dry side is (usually) much more accommodating. My experience with citizen complaints is from 1987-88 - - I've worked in Superior Court since then. I never met one that was coherent or able to actually be prosecuted. That's not to say that they can never be without merit - - if you scan the thread you'll see that I posted the reference to the rule that allows them.

If you are having a hassle with your local PD or Sheriff and can't get any help from the Prosecuting Attorney, City Council or County Commissioners, I suggest you try contacting the Attorney General's office. They aren't subject to the same local political pressures and they do have the jurisdiction and ability to step in. Not guaranteeing you will succeed but it's worth a try.
I did that and was told they do not handle and it is not lawful for them prosecuting city officials or police departments and to take it up with my local prosecutor.

I agree with Heresolong's thoughts on prosecutors in general don't seem to be interested in prosecuting folks of their own branch.
Like I said - - sounds like a hostile climate. Also sounds like y'all need a good civil rights attorney over there. Basic accountability problem - - which IHMO is what's wrong with the world today.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
imported post

Lammo wrote:
Like I said - - sounds like a hostile climate. Also sounds like y'all need a good civil rights attorney over there. Basic accountability problem - - which IHMO is what's wrong with the world today.
+1 on that. But they cost.....lol...hopefully though I am going to get some help on this, got someone looking into it.
 
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