Posts Tagged ‘4th Amendment’

Florida Sheriff who Targeted Evacuees with Warrants at Shelters Sued for Violating Fourth Amendment

Wednesday, September 13th, 2017

A Florida sheriff who bluntly tweeted about arresting evacuees with warrants who were seeking shelter from Hurricane Irma is being sued for violating the Fourth Amendment by requiring background checks to enter hurricane shelters.
But Polk County Sheriff Grady Judd claims the lawsuit is “frivolous”.
“They filed that lawsuit for free press and it’s obviously frivolous. I have a nationwide profile and they see it as an opportunity for nationwide press,” Judd told the Orlando Sentinel.
The complaint, which was submitted on September 10 to the 10th Judicial Circuit Court electronically, was filed by Andres Borreno, who claims Sheriff Judd violated his right to be free from unreasonable searches and seizure during a “crisis situation” after being forced to undergo a background check as he tried to seek shelter from Hurricane Irma.
Borreno claims deputies at the shelter never informed him he was suspected of a crime at the time he entered the shelter.
He also alleges in the suit that the shelters set up in Polk County were pedestrian “checkpoints” and used to conduct “fishing expeditions to find any possible basis, no matter how tenuous, for issuing citations to or arresting human beings seeking refuge from a Class 5 hurricane” and argues trying to gain entry into an emergency shelter to save one’s life and the lives of family members does not” constitute suspicion for criminal conduct.
After receiving criticism for targeting those with even petty warrants, Judd claimed his tweets were aimed at registered sex offender in order to prevent them from entering shelters.
“If you go to a shelter for #Irma and you have a warrant, we’ll gladly escort you to the safe and secure shelter called the Polk County Jail,” he wrote on Twitter.
“We cannot and we will not have innocent children in a shelter with sexual offenders and predators,” he tweeted later.
“Period.”
We reported last

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Watch: Texas Police Detain Man While Cutting Grass

Tuesday, July 25th, 2017

A Houston, Texas 19-year-old was simply cutting grass and passing out business cards in a high-end neighborhood when police showed up demanding his identification and pulling out the handcuffs, all of which can be seen on video.

 

 
 
 
 
 
 
 
 
 
 
 
Later that day cops showed up to the same teenager’s home and reportedly released the  K-9 dog on him, which caused lacerations to the teen’s arm.
The teenager had not committed a crime and had every right to utilize his Fourth Amendment right to protection against unlawful search and seizure.
On July 18th 19-year-old Marlin Gipson parked his maroon Dodge Ram truck on the curb and his two man crew went to work on a clients lawn. Gipson in the mean time went door to door with the intention of handing out business cards. But one of the neighbors in the nice neighborhood didn’t like what was happening or either grew suspicious of a young man knocking on doors.

It was then that a neighbor called 911 to report “suspicious” activity. Shortly thereafter an officer approached Gipson demanding his identification, which is when Gipson begins video recording. Gipson eventually gave the officer his name, birth date etc.
Gipson asks the officer for his card as well as a name and badge number, but the officer apparently took that as a threat and then takes out his handcuffs. Gipson begins to back away while implying that the handcuffs weren’t necessary. The video jump cuts to later that day with the police at Gipson’s house demanding a physical ID.
Gipson refuses while locking and closing his door. The video then ends, but the Harris County Constable’s Office confirmed that Gipson was then bitten by a police dog for not complying with police arrest orders. Gipson was then arrested for failure to ID and evading arrest, he also was arrested on an outstanding

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Awarded for Bravery, But Fears a Camera, Officer Assaults Cameraman

Thursday, July 13th, 2017

PINAC Correspondent Felipe Hernandez (highdesert community watch news network) and his then 16-year-old son Elijah were out and about on a beautiful spring afternoon capturing video and stills of the San Bernardino County Government Complex in downtown San Bernardino, California on May 17th, 2016.
This complex covers multiple city blocks and is the home of many of San Bernardino County’s agencies and the local offices of many state and federal agencies. The City, County, and State Courthouses are also found in this area and as one would expect there is also a large law enforcement presence during business hours.
The video starts with the Hernandez duo, walking through a public area where they encounter probation officers walking at least a 100 plus feet away from them speaking loudly and shouting for them to stop so they can talk with them. The Hernandez duo continues walking knowing that have done nothing unlawful or illegal heading in the direction of their car parked off of county property a few blocks from the government center.
The video continues and as the Hernandez duo get close to the edge of the center’s property, they are grabbed, restrained and detained by J. Holmes and L, Jaramillo. Jaramillo held Elijah by the arm applying pressure to pain compliance point and the Holmes held Felipe by the belt loop and then the whole waistband of Felipe’s jeans, Holmes would later pull upwards and backward and Felipe will have to stand on his tip toes to lessen the pain being inflicted to his scrotum and groin area.
PO J. Smith, PO Isabel Jaramillo and Elijah Hernandez
During this Felipe calls his daughter Felicity on the phone and asked her to contact Felipe with PINAC, I get her call and I promptly call Felipe and attempt to intervene with no success and then I begin

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Video Captures Transit Officer Asking Individual His Immigration Status, Officer Fired

Monday, May 29th, 2017

Sunday, May 14, 2017, Ricardo Levins Morales captures a Minneapolis Metro Transit Officer on video, asking a man under suspicion of not paying his fare for the train, about his immigration status. Mr Morales then interjects and asks, “if they are authorized to act as immigration police?” the officer simply shrugs his shoulders, as if he did not know if he is or if he is not. The Officer then responds “No, Not Necessarily” Then Morales continues and tells the Officer that “it is very touchy, legal territory” the Officer responds as if he did not hear Morales, so he repeats himself, “ I would stay out of that, it is touchy legal territory” and “ I would not act in behalf of another agency, if , I were not legally empowered to do so “ the Officer’s response “Okay”.
[youtube https://www.youtube.com/watch?v=ofwCV5g3RNo?feature=oembed&w=620&h=465]  
Metro Transit’s Police Chief John Harrington release a statement…….

 
 
Without this video, this individual would still be employed and able to continue acting outside his scope of authority, creating issues in the community and liabilities for his employer. Chief Harrington should be commended on his swift decision to terminate this person.
The post Video Captures Transit Officer Asking Individual His Immigration Status, Officer Fired appeared first on PINAC News.

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New Mexico Couple Awarded $1.6 Million in Police Abuse Case

Friday, February 17th, 2017

The New Mexico cops did not appreciate Jillian Beck walking away from them after they responded to a neighborhood dispute, prompting an officer to grab her arm, twist it behind her back and slam her to the ground, leaving her with a fractured arm as he planted his knee on her back.
When the woman lifted her head to console her four-year-old son who began crying, the Las Cruces police officer slammed her face on a bed of rocks, leaving her with a broken nose and a bruised and bloodied face.
When her husband became alarmed, thinking his wife was choking on her own blood, he walked up to help her, but he was also arrested.
Las Cruces police officer Isaiah Baker then turned to a female officer and bragged about his deeds, telling her that Jillian Beck “got thrown” and ended up with a “face full of rocks.”
“Cool,” the female officer responded, according to an audio clip that was heard during a civil trial last week.
After a five-day trial and three-hour deliberation, a jury awarded the couple $1.6 million.
The federal jury ruled that Las Cruces police officers Isaiah Baker and Joseph Campa used unreasonably excessive force and violated the couples Fourth Amendment right.
The incident took place in January 2013 after Jillian Beck called police to report a disturbance with neighbors around 10 p.m., according to the Las Cruces Sun-News.
Beck’s neighbors were blowing loud air horns at dogs that wouldn’t stop barking. In retaliation, Beck threw salmon and onions on her neighbor’s vehicle along with a mean note. Officers arrived on scene and warned Beck to stop. Then they left.
Angered, her neighbors then turned around and called police back to the scene around midnight proclaiming that the Becks left another threatening note at their door.
Officers Baker, Campa and Manuel Chavez responded to the scene and questioned

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Wisconsin Sheriff David Clarke Detains Man for Looking at Him the Wrong Way on Airplane

Wednesday, January 18th, 2017

Milwaukee County Sheriff David Clarke had a man detained for looking at him the wrong way on an airplane Sunday.  Or for mocking him over a football game.
Or, if you believe the sheriff, for making him fear for his life.
“Next time he or anyone else pulls this stunt on a plane they may get knocked out,” the sheriff said in a statement. “I do not have to wait for some goof to assault me.”
Either way, Dan Black, 24, has filed an internal affairs complaint against the sheriff.
Black said the incident took place as he boarded a plane in Dallas to Milwaukee and spotted the sheriff sitting in first class decked out in Dallas Cowboy attire, according to WISN. Law enforcement sources told the news station that they were told to detain Black because he had mocked the sheriff.
The Cowboys had just lost a playoff game against the Green Bay Packers and Black was surprised that the Wisconsin sheriff was a Cowboys fan.
So Black asked the sheriff if he was the famous David Clarke. Sheriff Clarke responded with a yes.
Black, apparently frustrated that a Milwaukee resident was cheering for the Cowboys instead of the local Packers, shook his head in disapproval as he walked pass the sheriff on the plane.
He also said he is not a fan of the sheriff anyway, who made headlines as one of the few black Americans that spoke at the 2016 Republican National Convention in support of Donald Trump
Black continued walking down the aisle to his seat in commercial class when the sheriff asked, “Is there a problem?”. Black said no, shook his head, and continued to walk away.
But the sheriff was infuriated that someone had the audacity to shake their head at him, so he had his deputies meet Black at the terminal after the plane landed in Milwaukee.
When Black stepped

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California Men who Spent Seven Months in Jail for Rap Lyrics and Facebook Photos File Lawsuit

Friday, January 13th, 2017

Two California men who spent seven months in jail for conspiracy to commit murder based on rap lyrics and Facebook photos that made no reference to actual murders filed a lawsuit against the San Diego Police Department Tuesday.
Police based their arrests on allegations that Brandon Duncan and Aaron Harvey were Facebook friends with suspected gang members they grew up with, using an obscure law that does not ever appear to have been used in California before the 2014 arrests.
But there was no evidence that either committed any murders or were actual gang members.
Duncan, 35, was an aspiring rapper who went by the moniker “Tiny Doo,” but who was making a living laying tile when he was arrested at his San Diego home, which police searched without a warrant, later informing him he was arrested over the contents of his music lyrics.
Harvey, 28, was studying to become a real estate agent when he was arrested by federal marshals in Las Vegas, who informed him he was wanted for a string of murders, which he knew he did not commit.
He later learned that San Diego police detectives Rudy Castro and Scott Henderson were only basing that belief on Facebook photos showing him posing with suspected gang members he grew up with in San Diego’s Lincoln Park neighborhood.
Both men spent seven months in the George Bailey Detention Center, known as “Thunderdome” and “Gladiator School” because of its reputation for violence.
A judge threw out the case in 2015 on lack of evidence, allowing the men to proceed with the federal lawsuit, which you can read here.
The law police arrested them on is Penal Code 182.5 which notes gang members with general knowledge of a gang’s criminal activities can be prosecuted for crimes others commit as long as they willfully benefited from, furthered, promoted or assisted in some way.
Duncan was

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WATCH: NYPD Settles Lawsuit in Teenage Brutality Case Where Witness was Pepper Sprayed for Recording

Thursday, December 29th, 2016

NYPD cops brutally beat 19-year-old Jateik Reed for resisting arrest and carrying drugs in 2012. Drugs were never found and the case was dismissed in court. Reed then filed a civil rights lawsuit against the city.
Now New York City has settled the lawsuit with Reed, who is now 24, for the amount of $614,500, his lawyers announced earlier this month.
Reed’s mother and two young brothers were also plaintiffs in the suit. The settlement was approved in July 2016, but the checks were now issued until December, NBC reports.
It all started in January 2012 when New York City police officers from the 42nd Precinct conducted a stop-and-frisk on Reed because they suspected him of possessing cocaine and marijuana.
But Reed began to tussle with officers, attempting to escape.
Using batons, the officers beat Reed while slamming him to the sidewalk. The officers then begin to punch, kick and hit the victim, screaming, “Put your hands behind your back!”
Detective Robert Jaquez then pepper sprayed a witness recording the melee, ordering him to “Move back!” For his reckless tough guy antics, the court made Detective Jaquez pay $500 toward the settlement.
All of the officers involved were disciplined by the NYPD. So much as to the fact that all officers involved in the beat down were stripped of their badges and guns during the initial point of the investigation.
Also, Sergeant Alfonsina Delacruz, who is one of the officers involved in the beating, was court ordered to contribute $5,000 to the settlement.
Why?
Well, once Reed was detained and in handcuffs, the female sergeant calmly approached Reed and kicked him for no apparent reason while he was down on the ground defenseless and imposing no threat as you can see in the second video below.
Also on the day of the incident, Reed’s mother, friend and two young brothers went to police headquarters for answers, but

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LAPD Chief Charlie Beck Sued for Retaliating Against Reporter who Exposed Embarrassing Arrangement Involving Daughter and her Horse

Wednesday, December 14th, 2016

Los Angeles police arrested journalist Jasmyne Cannick while covering a protest against police brutality the night before Thanksgiving 2014, twisting the truth to accuse her of leading a throng of protesters across an imaginary police “skirmish line,” then claiming in their reports that she became so aggressive, they had to push her back.
But the charges were dropped a year later when police and prosecutors were unable to find evidence to back their claims, even though she  had been among 150 protesters – many with cameras whose footage ended up as evidence  –  who were detained after police boxed them in from all sides.
One video shows her willfully walking with police as they lead her away on three charges of resisting arrest.
It was the first and only arrest in Cannick’s life, a 39-year-old native Angeleno who has spent more than a decade in the Southern California public eye, either as a journalist, radio personality, political consultant or press secretary.
Jasmyne Cannick
Now Cannick is suing the department, claiming she was arrested in retaliation for a series of articles she wrote that were critical of the Los Angeles Police Department on her blog, especially of LAPD Chief Charlie Beck, who has proven to be very thin-skinned against her criticism.
And especially in regards to his daughter, an LAPD mounted police officer whose naked photos are probably still floating around the department.
The lawsuit filed earlier this month states that Beck – who has known Cannick for years – made eye contact with her the night of her arrest on November 26, 2014, but refused to acknowledge her, allowing her to be transported to jail.
Beck meanwhile allowed the release of all the other journalists that had been swept up in a mass detainment during the third day of protests against the Missouri grand jury decision not to indict Ferguson police officer Darren Wilson

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LAPD Chief Charlie Beck Sued for Retaliating Against Reporter who Exposed Embarrassing Arrangement Involving Daughter and her Horse

Wednesday, December 14th, 2016

Los Angeles police arrested journalist Jasmyne Cannick while covering a protest against police brutality the night before Thanksgiving 2014, twisting the truth to accuse her of leading a throng of protesters across an imaginary police “skirmish line,” then claiming in their reports that she became so aggressive, they had to push her back.
But the charges were dropped a year later when police and prosecutors were unable to find evidence to back their claims, even though she  had been among 150 protesters – many with cameras whose footage ended up as evidence  –  who were detained after police boxed them in from all sides.
One video shows her willfully walking with police as they lead her away on three charges of resisting arrest.
It was the first and only arrest in Cannick’s life, a 39-year-old native Angeleno who has spent more than a decade in the Southern California public eye, either as a journalist, radio personality, political consultant or press secretary.
Jasmyne Cannick
Now Cannick is suing the department, claiming she was arrested in retaliation for a series of articles she wrote that were critical of the Los Angeles Police Department on her blog, especially of LAPD Chief Charlie Beck, who has proven to be very thin-skinned against her criticism.
And especially in regards to his daughter, an LAPD mounted police officer whose naked photos are probably still floating around the department.
The lawsuit filed earlier this month states that Beck – who has known Cannick for years – made eye contact with her the night of her arrest on November 26, 2014, but refused to acknowledge her, allowing her to be transported to jail.
Beck meanwhile allowed the release of all the other journalists that had been swept up in a mass detainment during the third day of protests against the Missouri grand jury decision not to indict Ferguson police officer Darren Wilson

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LAPD Chief Charlie Beck Sued for Retaliating Against Reporter who Exposed Embarrassing Arrangement Involving Daughter and her Horse

Wednesday, December 14th, 2016

Los Angeles police arrested journalist Jasmyne Cannick while covering a protest against police brutality the night before Thanksgiving 2014, twisting the truth to accuse her of leading a throng of protesters across an imaginary police “skirmish line,” then claiming in their reports that she became so aggressive, they had to push her back.
But the charges were dropped a year later when police and prosecutors were unable to find evidence to back their claims, even though she  had been among 150 protesters – many with cameras whose footage ended up as evidence  –  who were detained after police boxed them in from all sides.
One video shows her willfully walking with police as they lead her away on three charges of resisting arrest.
It was the first and only arrest in Cannick’s life, a 39-year-old native Angeleno who has spent more than a decade in the Southern California public eye, either as a journalist, radio personality, political consultant or press secretary.
Jasmyne Cannick
Now Cannick is suing the department, claiming she was arrested in retaliation for a series of articles she wrote that were critical of the Los Angeles Police Department on her blog, especially of LAPD Chief Charlie Beck, who has proven to be very thin-skinned against her criticism.
And especially in regards to his daughter, an LAPD mounted police officer whose naked photos are probably still floating around the department.
The lawsuit filed earlier this month states that Beck – who has known Cannick for years – made eye contact with her the night of her arrest on November 26, 2014, but refused to acknowledge her, allowing her to be transported to jail.
Beck meanwhile allowed the release of all the other journalists that had been swept up in a mass detainment during the third day of protests against the Missouri grand jury decision not to indict Ferguson police officer Darren Wilson

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Stalking Away The First Amendment: Part 1

Friday, December 2nd, 2016

 
Homestead Police Department (HPD) has silenced the First Amendment with false stalking charges and restraining orders.
Their abuses leading to two of my three false arrest, and to me being served with four frivolous restraining orders.
Sadly, such abuses are not limited to Florida, and occur nationwide.
I have researched this new trick in the police playbook being used to stalk away the First Amendment.
PINAC presents this series as a case study on such stalking abuses in Florida and across the country.
Included are discussions on the federal subsidies which create disincentives to fixing the problem, and discussions on Florida stalking law related to the First Amendment and online activities.
The focus is on cops who violate the law, yet when exposed hide behind laws meant for the protection of battered and abused women.
COWARDS!
HPD’s actions inspired creation of the Coward of the Month award, with John Monaco being the first nominee.
[youtube https://www.youtube.com/watch?v=1EKFNqUKP-4?feature=oembed&w=620&h=465] My Transgressors Choose To Invoke God
Some may choose to skip over this section, but being a Christian I must oblige these officers with truth as they are lacking in knowledge.  
Generally, I leave the good Lord out of secular discussions, but HPD officers John Monaco (video above) and Alejandro Murguido (email) blasphemously invoke God.
They bear false witness against their neighbors, not just me, breaking laws as ancient the Decalogue.
Swearing oaths to be the keepers of the law, they do not keep it themselves, instead lording it over others.
I am just waiting for them to abuse scripture, while claiming a blessed status.
Like the Pharisees they lower their profession to one of revenge and tax collection for their temple (City Hall), simultaneously claiming hero status and victimhood.
Hypocrites, Ye Brood of Vipers!
This fight is not against flesh and blood, but against principalities.
I pray for them, while rebuking them, praying they would repent of their sin, turning back to God.
Regardless, their intimidation will never force me into quietly walking away while they continue unrepentant in their crimes against humanity.
OK Back To Secular Earthly Damnation
This began when I asked HPD Officer Murguido

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Stalking Away The First Amendment: Part 1

Friday, December 2nd, 2016

 
Homestead Police Department (HPD) has silenced the First Amendment with false stalking charges and restraining orders.
Their abuses leading to two of my three false arrest, and to me being served with four frivolous restraining orders.
Sadly, such abuses are not limited to Florida, and occur nationwide.
I have researched this new trick in the police playbook being used to stalk away the First Amendment.
PINAC presents this series as a case study on such stalking abuses in Florida and across the country.
Included are discussions on the federal subsidies which create disincentives to fixing the problem, and discussions on Florida stalking law related to the First Amendment and online activities.
The focus is on cops who violate the law, yet when exposed hide behind laws meant for the protection of battered and abused women.
COWARDS!
HPD’s actions inspired creation of the Coward of the Month award, with John Monaco being the first nominee.
[youtube https://www.youtube.com/watch?v=1EKFNqUKP-4?feature=oembed&w=620&h=465] My Transgressors Choose To Invoke God
Some may choose to skip over this section, but being a Christian I must oblige these officers with truth as they are lacking in knowledge.  
Generally, I leave the good Lord out of secular discussions, but HPD officers John Monaco (video above) and Alejandro Murguido (email) blasphemously invoke God.
They bear false witness against their neighbors, not just me, breaking laws as ancient the Decalogue.
Swearing oaths to be the keepers of the law, they do not keep it themselves, instead lording it over others.
I am just waiting for them to abuse scripture, while claiming a blessed status.
Like the Pharisees they lower their profession to one of revenge and tax collection for their temple (City Hall), simultaneously claiming hero status and victimhood.
Hypocrites, Ye Brood of Vipers!
This fight is not against flesh and blood, but against principalities.
I pray for them, while rebuking them, praying they would repent of their sin, turning back to God.
Regardless, their intimidation will never force me into quietly walking away while they continue unrepentant in their crimes against humanity.
OK Back To Secular Earthly Damnation
This began when I asked HPD Officer Murguido

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South Carolina Cops Caught on Video Kicking and Punching Man

Thursday, October 15th, 2015

Two South Carolina police officers are coming under fire after a video surfaced of them kicking and punching a man severely, prompting an internal investigation.
According to an incident report from the Spartanburg Police Department, law enforcement officials got a call Sunday of an alleged domestic spat between a man, the mother of his child and several other members of her family.
Terrell, 29, was arrested  and charged with two counts of simple assault and trespassing after he refused to be patted down for weapons. Both officers are seen restraining Terrell and knocking him down to the ground.
Terrell told local daily Goupstate.com that he had no problems with the officers questioning him but felt they had no right to touch him.
“I’m very cooperative until they asked could they search me, which I used my Fourth Amendment right and said ‘No’ and that’s when they grab me,” said Terrell .
The video, uploaded on Facebook by a bystander who appears to be Terrell’s cousin, has already garnered nearly 19,000 views since Tuesday. Terrell, a resident of Washington D.C., said the case is now being privately investigated within the Spartanburg Police Department. Both officers involved remain on duty.
The incident report paints another picture of what took place on Tuesday.
The report states that the officers allegedly saw a bulge in Terrell’s pocket and decided to pat him down in case he had weapons on him. One of the officers pulled on Terrell’s right arm, as he was yelling his knowledge of his rights. The report state that both officers told him to calm down, but he refused.
It was then when the cops tried to trip him to get Terrell on the ground but failed.
The report states one of the cops then decided to use his knee and struck Terrell in the chest multiple times and then

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Colorado ACLU Demanding to See Internal Affairs Report Clearing Cops of Unlawful Arrest of Man Recording Traffic Stop

Thursday, October 1st, 2015

Charges against Ryan Brown, a Colorado man arrested earlier this year for recording police, have been dropped.
Now the Colorado ACLU is demanding to see the internal affairs report to prepare for a possible lawsuit.
But the Colorado Springs Police Department, which cleared the officers of any wrongdoing in June, have been refusing to release details of its internal affairs investigation because the case was still pending.
However, they are no longer able to use that excuse.
On March 25, 2015, Ryan was arrested along with his brother, Benjamin Brown, after they were stopped by the Colorado Springs Police Department because of a perceived window tint violation and a cracked wind shield within a high crime area, the police report states.
Ryan was arrested on a charge of interfering with official police duties after he tried to record the stop as PINAC reported earlier this year.
Last week, the Colorado ACLU released the following statement:
Brown filed a complaint with the department following the incident in March. He received a brief boilerplate letter in June informing him that police had conducted a “complete and thorough” investigation into the incident and concluded that the officers’ conduct was “justified, legal, and proper.” A subsequent ACLU records request for the internal affairs file was denied due to the pending criminal charge against Brown.
“Now that the criminal charge has been rightly dismissed, there are no more excuses for denying the internal affairs records,” said ACLU of Colorado Legal Director Mark Silverstein. “The public has a right to know how the Colorado Springs Police Department determined that it was ‘justified, legal, and proper’ to remove two African-American men from a car at gunpoint and taser point, handcuff them, search them and detain them, over a cracked windshield.”
Ryan and Benjamin Brown were driving just a block away from their home when they were pulled over by

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Austin Police Arrests Man For Eating A Hamburger in His Own Parked Car

Saturday, September 19th, 2015

This recently recorded arrest in Austin, Texas shows the five stages of police deciding to falsely arrest a citizen who contacted PINAC News and wishes to be called “Rick”.
The YouTube video’s original caption to the video at the bottom of this story says it all: “Bought a burger and pulled over to have a few bites. I suppose that constitutes probable cause?”
Fortunately, the citizen who identified himself to PINAC’s investigators as Rick pulled out his phone and started recording when the Austin cop  approached the vehicle which had its window already down as the officer approached and Rick asked, “Why am I getting pulled out of my car?”
“Because you’re being detained.” answered the unknown Austin PD officer without stating the reason for a criminal detention. A call to Austin’s police non-emergency number resulted in little information, but a request for the reporter’s address to determine “jurisdiction” which is not required to make a public records request in Texas.
Rick immediately asked, “Why am I being detained?”
“Let’s see. It’s 2 o’clock in the morning and you’re in a parked here by yourself in a high prostitution, high drug area.”
Rick interjected loudly, you could hear the frustration coupled with embarrasment in his voice as he said in a slightly high pitched voice, “EATING A HAMBURGER.”
Eating a hamburger still is not a crime.
More importantly, the Austin police officer didn’t accuse Rick of any moving violation, parking violation or criminal infraction. If the officer can’t articulate, say in english perhaps or whatever Austin cops call their repetitive use of four word sentences is called.
Remember, this isn’t a traffic stop.
This Austin officer had no authority to search a car, ask for ID or arrest anyone without probable cause. No authority to pat down for a gun or anything.
PINAC readers might find this reminiscent of Roy Leeshun Williams’ calmly asserting his rights

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