Violation of Constitutional Rights Doniphan, MO

Published On October 15, 2013 | By CopBlock | Articles

Homer E Lambert Jr. shared this post via CopBlock.org’s submit page.

Court case
Homer Lambert ri-mu00067
Doniphan,mo. 63935

AMENDMENT IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Mr Lambert’s truck was searched by four officers while Mr. Lambert was placed in a patrol car; nothing illegal was found. Officers were still searching the vehicle when he was taken to the Doniphan city jail on May 3rd, so he was not present while vehicle was being searched.

AMENDMENT V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Mr. Lambert was deprived of liberty his freedom on two occasions on the evening of May 3rd when he was held in jail for 24 hours, never told he was being arrested, never read MIRANDA RIGHTS. On the evening of May 3rd Mr. Lambert was never told the nature and cause of accusation for his detainment at the city jail and again on August 7th when Judge Thomas Swindal sentenced Mr. Lambert t0 30 days in jail that the Judge later over turned.

AMENDMENT VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Mr. Lambert requested a public defender but was denied due to the case being a Municipal case. He was not allowed any assistance of council by legal nor was he allowed counsel by his wife who was taking notes for Mr. Lambert. The Judge had the bailiff escort the wife out of the court room for a dress code that was never addressed earlier in said court proceedings until the time of Mr. Lambert’s hearing.
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On the evening of May 3rd Mr. Lambert was never told the nature and cause of accusation for his detainment at the city jail.

AMENDMENT VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Mr. Lambert’s treatment by city police on May 3rd is classified as cruel and unusual punishment for traffic violations. He was physically assaulted by several officers. Mr. Lambert was hit in the head, placed in a choker hold, was stripped, and was tasered by an officer while being held after he pulled his hand back because officers were pulling Mr. Lambert’s shoulders out of place. Mr. Lambert was pepper sprayed after his clothing was removed. Mr. Lambert was thrown into a jail cell naked and denied medical treatment for injuries the officers inflicted on him.

The fines in the sentencing on Aug 7th were excessive considering that if you call the courthouse, every fine except the fine for Obstructing an officer is $40 plus court cost and the fines were as such: Driving on closed street, $50, Careless and imprudent driving, $150, Running a stop sign, $250, and Obstructing an officer, 30 days in jail. The Judge overturned the decision and released Mr. Lambert on August 8th.

Statement of incident by Homer E Lambert Jr.

I pulled over by the low water bridge on spring street in Doniphan, MO to pick up some trash off the street. A gentleman that
introduced himself as the chief of police (Mark Rodgers) talked to me and told me that he had to call in a patrol car to check out my registration, license and insurance. That individual was driving a maroon SUV. A patrol car showed up and they ran my information. While that one was running my information, another patrol car showed up. I guess that one was upset because when the original officer told me to leave he came over and slammed my door on me, which caused an issue. The door did not close right and I had to open it and fix the latch because the latch on my truck door messes up some time. When I left, my truck tires broke traction and spun on wet pavement when I turned. I did try to stop at the intersection of PINE and Vine street, but due to wet pavement my truck slid into the intersection, but there was no traffic. I looked both ways before proceeding and proceeded to the next intersection of E. Locus street. I was going slow enough to come to a full stop before proceeding forward and when I stopped and turned toward Sonic, I noticed lights behind me. I did not know if they were going to an accident or what, so I pulled over so the officers could go by.

There were three patrol cars that pulled up behind me. This was less than four blocks from where I received the original ticket for driving on a closed street. Another patrol car arrived, making a total of four patrol cars at that traffic stop. One of the officers asked me to get out and asked me if I had my weapons on me, which I didn’t. I do not break the law; I left my guns at home because I took my daughter to the school for a graduation award ceremony, and anyone knows that school grounds are DRUG free and GUN free zones. The officer ask me if I had anything in my vehicle. I said no, but mentioned that I do help people by giving individuals rides and if there was anything in my vehicle, I had no knowledge of it. The officer told me to sit in the patrol car and that he was going to check my vehicle. I never gave them permission to check my vehicle. Several officers went through my truck; they did not find anything. I asked the officer if I could go back to my vehicle and he said no. I asked what was going on and there was no reply.

I was detained for 24 hours for a traffic ticket; the only ticket signed for was the one for driving on a closed street, the additional tickets were given to me when I was released and were never signed for by me. I had no knowledge of those citations until after I was detained and assaulted by officers involved in that incident. I was taken to the City Jail. I was not arrested, just detained. At least, that is their excuse. I was never told why I was taken, no Miranda rights were read. I was told by an officer, “Let’s get these wet clothes off of you.” The only thing wet on my clothes was the bottom of my jeans and my boots. I asked the officers (four officers were present) why; they took the cuffs off me and the old officer proceeded to cut off my clothing. I let him cut off my shirt. I did not resist arrest. (How can it be resisting arrest when you are not being arrested?) After my shirt was cut off, the older officer said he wanted me out of my pants. I asked why and said I was going home in these clothes. He tried to grab my arm to pull me out of the cell and I pulled my right arm back and held it there. The older officer held his breath and reached for my arm again but at the same time, the deputy officer pulled his taser and stepped to the right of the older officer then shot me with the taser. I ripped the barbs out of my side from the taser and the look on that officers face was priceless. Everyone stopped for a brief moment.

The old officer grabbed my right arm and the black and gray uniform officer grabbed my left arm and they drug me out of the cubicle. It was not a cell – there were no bars on the doors or anywhere. I believe it was where they process you at. I was pinned up against the wall by an older man with blue eyes. He had me in a choker hold; I couldn’t breathe and again, I did not resist. The next thing I remember is seeing a bright light, a white flash. That is when I was hit by one of the officers, which gave me a concussion/head injury. The injury was not treated, so that is medical neglect on the part of the Doniphan City Police – neglect on an injury that they inflicted.

After I received the head injury, they proceeded to continue brutalizing me and humiliating me. Two officers pinned my legs down and pinned me down on the ground by a podium about six feet long. Another officer had me pinned down by my mid-torso and was holding me by my hair on the back of my head. The officer who held me by my hair pulled my head as he attempted to come down on my face with his knee. This officer was dressed in black pants and a gray shirt. The knee impacted me in the same area where I was hit in the head during the first incident of assault done by a police officer that evening. Someone grabbed the hair on my head and pulled my face upward, then an officer sprayed me with OCS spray or pepper spray. All of this happened while or after I was stripped by several officers. This was EXCESSIVE USE OF FORCE, and MEDICAL NEGLECT. I never remember my pants being cut off, but I do remember my boots being taken off and the officers laughing and saying, “Lets get his socks.” I vaguely remember still being in handcuffs and them saying, “Lets take off his underwear.” I was lying face down when my underwear was removed and felt the cold floor on my penis.

Starting awake, I noticed I was on my stomach and naked. I rolled over, sat up and put my back against the wall. I heard someone tell me get to get up. I stood up and an officer grabbed me roughly and slammed me into the wall, while I was naked and in handcuffs. He pushed me into the wall and pushed me down along the wall. He pulled at my arms and removed my handcuffs, then shoved me into a cell naked. There was a light brown blanket, orange jail pants, and a green sleeping pad on the floor. After being put in the cell, I wiped off my face , nose, and eyes with the blanket and I put on the orange pants that were in the cell.

So, cops are allowed to do this to someone who was not arrested, but just detained for a 24 hour hold. I am requesting an investigation pertaining to the incident that occurred on 05/03/2013 for the following violations: dereliction of duty, behavior unbecoming of an officer/public official , and excessive use of force. My reason for said complaints are for the following reasons: Dereliction of duty pertains to officers who were not doing their public service to the community. The first incident of dereliction of duty pertains to the two additional patrol cars that were present aside from the original patrol car that was requested for the checking of information. The second incident of dereliction of duty pertains to the incident of excessive force while interrogating me and assisting in the process of placing me in the 24 hour holding. There were four officers present during this incident and each officer contributed to injuries obtained during said incident.

Injuries include damaged rotator cuffs on both my left and right shoulders and closed head-brain injury from the impact of whatever hit my head, my head being slammed against the wall and one of the officers bringing his knee down on my head. The behavior unbecoming of an officer/public official refers to the officers involved, beginning with the officer that slammed my truck door after the original ticket was signed for and I was told to leave. The young officer that slammed the door had an attitude, and made a comment saying to, “Get the hell out of here and do your shit out in the county.” I was putting on my over shirt and hat when another officer came up, opened my door and told me , “Will you get the hell out of here?” which I was trying to. Since there was no issue I was told to leave, but officers pursued me and falsified tickets in order to detain me and assault me. The misuse of an authority position is another example of behavior unbecoming of an officer.

I talked to the chief of police for Doniphan, MO city police, Mark Rogers. Mr. Rodgers while taking my complaint informed me that there is not any video surveillance to prove my allegations, and that he would have to refer the complaint to an outside source to investigate the claims. He stated that there has been no surveillance at the Doniphan city police station or jail for over a year. I found out later that the chief had only turned my complaint over to the city council and that no investigation was done nor is being done for said civil rights violations nor is there an investigation against the officers involved for excessive use of force. At my most recent court hearing for this case, the prosecuting attorney stated that two of the charges would be dropped if I signed a waiver not to sue him or the police for civil right violations, and said if I refused that they would do a psych evaluation and prosecute me to the fullest extent.

There was no reason for me to be arrested on the 3rd, and I have suffered permanent damage because of this assault, and I think I may have been raped due to the fact that I bled for a month through my rectum from the assault by a Doniphan city officer. I am not the first one they have done this to and I am sure I will not be the last. There has been no surveillance video at this facility and the officers know this – that is why they get away with assaulting prisoners. If the court logs for Aug. 7th were to be reviewed, those same officers lied on the stand. My truck is a GMC, every officer stated they were in pursuit of a Blue Chevy truck. They also lied about conversations – I never said what they stated on the stand.

This is defamation of character, and places question on my mental status. If that were the case, why did they assault me and put me in jail? If what they said was true and if I were in that mental state, they should have sent me to the hospital to be checked out – but I did not talk in the manner that they stated. The reason for them to lie is to cover up the excessive use of force, the assault that they did on me at the jail.

Note that I still have the clothing that was cut off of me. My socks were never returned and my underwear was ripped off of me, not cut like my clothing. The shirts and jeans have straight cuts where as the underwear was forcefully ripped of in a humiliating and assaulting manner.

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  • t

    First

  • t

    I couldn’t make through all the gobblity goop of the whole story. BUT: as for the first part of the “article”:
    From what was described….
    No violation of 4th
    No violation of 5th (Miranda only applies to questioning / interrogation while in custody.
    No violation of 6th.(just because you ask for an a public defender doesn’t mean you deserve one. You could have bird your own.

    I think we can see the pattern

  • ThirtyOneBravo

    t, you old curmudgeon.

  • ThirtyOneBravo

    Did Ariel write this? It was VERY tl;dr.

  • EvilRadicalDude

    Where are all the pictures of your injuries? Where are the medical records of said injuries?

  • Common Sense

    Found guilty of all 4 counts…

    “….Every officer stated or made false statement about mental status, they all said I said my truck was possessed, and that I claimed to be the devil, which I never did this….”

    ….got it, another nutter got hooked, bye….

  • John Q Public

    These stories are getting more and more outlandish! This one damn near broke my bs meter!

  • Chris Mallory

    You need to check your state laws. In Kentucky you are not legally under arrest unless you are 1) Told you are being arrested. 2) Told why you are being arrested. and 3) Are under the control of the person arresting you, either by consent or force.

    Unless you are being questioned there is no need for the Miranda Warning.

    All cops lie, all the time.

    Disarm cops for a safer America.

  • John Q Public

    From Homer himself:

    “Oh I forgot to mention I may have had my pants partially pulled down with a soda bottle sticking out of my butt. This is only because my pants were too big, the rescue mission didnt have my size, so they keep falling down. The soda bottle was merely a spur of the moment incident that I do on occasion because my buddy WILD BOAR HUNTER is not available. So there I am, pants down, soda bottle in my butt, and the gentleman happens by and sees me. So you see I was minding my own business when I was intruded upon by him. He had no business interrupting me and could have waited because I was almost done and would have been on my way. ”

    Came off of this thread:

    http://www.topix.com/forum/city/doniphan-mo/TSSRQBFBFIA4K9209

  • John Q Public

    Chris Mallory, you realize this happened in Missouri, right? Not Kentucky.

  • steve

    WANNABEES , THIS IS TOO MUCH. WHY THE FUCK IS THIS SHIT ON COP BLOCK. IM BEGINNING TO SEE COP BLOCK IS BULLSHIT. YOU GUYS DONT CARE WHAT IS PRINTED ON THIS SITE. ALL YOU GET NOW IS WANNABEES THAT PRETEND TO BE COPS.YOUR SITE IS TRASHED BECAUSE OF YOUR POOR ADMIN.

  • steve

    I COULD NOT DARE READING THIS WHOLE STORY IT MADE ME DIZZY. TIME FOR ANOTHER PAIN KILLER.

  • Keith

    Your biggest mistake was saying “not to my knowledge, I help people by giving them rides so if there is, i didn’t know”. That right there makes anyone with a brain think, “he’s already trying to formulate a defense when we find weed in his truck”. Even if not true, what the hell were you thinking. In this country, you can be held without arrest for 24 hours. If arrested, it’s something like 72 hours for araignment. Not sure, but I know they can hold you for a short period. It just seems like you didn’t like what was going on, not that someone did somehting wrong. I’ll be the first to condemn cops, but i didn’t see much in this long story to justify it. The entire “cutting your clothes off” has to be because you refused to change. There are things worth fighting for, and things that are just done so people can do them. This appears to be the latter.

  • t

    steve: Guy, I really don’t understand your issue. There are 3 guys here that claim to be cops. Myself and 2 others. From reading their comments I certainly believe them to be the real deal. While there are the few exceptions, like 31 and myself making fun of CENTURION (but come on….do you see that idiot?), for the most part it’s just experienced analysis of the info posted. When 31, or Cmmmon Sense post detailed info about the truth behind many of these stories…..the brilliant light of the truth changes the story, usually significantly.

    Now those guys (31 and CS) look up the stories from other sources. You’ll note that I don’t. I just look at what is posted here and the comments. I really try to put out real information to people to try and keep them out of trouble….not trying to get them into more.

    You should be crying out for less nonsense posts for the Cop Blockers. The story about the the misused Assest forfeiture funds in Georgia was fascinating and informative. But generally it is just posts from people who are pissed that they got caught.

    Lead the Cop Blockers back to their stated goals of Police Accountiblity. That’s a noble cause. Stand back, film the police. Make sure nothing bad happens. That’s cool. But respect that the officers are working and many of those being spoken with by the police do t care to have you exploiting them. Bet you’d be surprised how few things would be of any interest to anyone. Of course then there are the editors and flat out liar types that change the stories intentionally to fool people.

    Guy, this site is littered with stories of the police being held accountable. I don’t know of any of the officers around here that defend those officers who do it wrong. None of us want that in our midst. But the ill or uninformed around are leading people down dangerous paths dude. And they are doing it intentionally.

    As for some of the conversations back and forth around here. Yankee Fan (as a great example) go back and forth exchanging thoughts. We certainly don’t always see eye to eye, but that’s cool. That’s how it should be.

    But you want us the police our own, I’ll say the same to you. Denounce the BS when you see it. Help your fellow Cop Blockers out by helping them find the truth.

  • Ariel

    31B,

    I realize to meet your needs things must be very brief, simple vocabulary (or the mind-numbing jargon of your profession), and as few concepts as possible (c<2).

    So to answer your question on tl;dr: No.

  • Chris Mallory

    JQ, which is why I said “You need to check your state laws.” Missouri law may say the same thing. I had several traffic tickets in Illinois thrown out because when I requested a trial date, the county clerk gave me a date after the time that the state of Illinois requires for a “speedy trial”. I wrote the judge asking for the charges to be dismissed or for him to instruct the clerk to give me a legal court date. That would not have worked in Kentucky, since Kentucky does not define by statute the time requirement for a speedy trial. As always, read the laws of the state you are dealing with.

    All cops lie, all the time.

    Disarm cops for a safer America.

  • steve

    t, this site is crammed full of bs

  • crystaldawn69

    I have a story myself that I will share once I am able to. The incident and everything that has happened since has left an emotional scar so bad that every time I talk about it, the anxiety that comes from it is insane Not to mention that 1 week later, I tried to commit suicide and still now, I am fighting an infection in my scull bone from an ear infection I had that shattered my eardrum when they shoved a gun to the back of my head right at the back of my ear. But, I wanted to share something with you and I hope it helps you.

    http://www.fbi.gov/about-us/investigate/civilrights/color_of_law

  • steve

    Oh no he felt the cold floor on his penis.

  • t

    :-)

  • John Q Public

    Chris, it “may” be the law? Look it up. Once again, this happened in MISSOURI, not Kentucky or Illinois. Usually, when you get a ticket, the court date is already on it. You generally don’t request it. 31B and T can probably she more light on that.

  • t

    Our citations have the DATE, TIME and in most case the COURTROOM NUMBER on it. If arrested and charged via AREST WARRANT, a judical’offical will tell you the date after consulting a master list of officer court dates (this is because warrant may not be served immediately and therefore court dates are not printed on them directly).

    Jurisdiction vary. Never heard of any that don’t have dates on citations / tickets though.

    Chris is wrong all the time.

  • Ariel

    t.,

    You also never heard of a cop using meth.

    So let’s do that simple arithmetic: 50 states x 15 counties (minimum, AZ has 15) x 100 municipalities = 75,000 variations. And my number is likely low as it’s based on a low population state. So, do you want to attest that every one of those variations do exactly what happens in your jurisdiction? “Chris is wrong all the time” is just hubris. When you use never and always regarding people, you’ve shown you don’t know people. Hell, you don’t know what it is to be human.

    JQP at least put qualifiers like the state and “usually”.

  • t

    Areil: tell me once when Chris got it right?

  • Ariel

    t.,

    You made the claim, you need to prove it. It’s your burden.

    Otherwise, it’s just empty words from rote, stale reasoning. Show how he is always wrong. On a larger level, show me how anyone is always wrong even here or anywhere. This isn’t word play, it’s the basis of thought by the symbolism of words. Moreover, it’s rising to original, cogent, coherent thought, or sinking into the morass of unprovable assumptions you believe true by rote reasoning, or by making limited experience into the whole, actual world. Not much difference really.

    There is only one profession I know of that makes lying a skill set. Endorses it, embraces it, and has no ethical issues with it. Yet maintains a belief that it knows the real world. An oxymoron?

    You haven’t yet found the word for the definition “the art or process of correct reasoning” have you? It’s evident.

  • john k

    Kidnapped/Detained 24hrs, No Mariana, Assaulted, Unsigned charges after release, Stinks pretty good to me $$$$$$$$$$$$

  • Ariel

    Oh,t., come out to play,

    You skipped all the rest in my comment. ” “Chris is wrong all the time” is just hubris. When you use never and always regarding people, you’ve shown you don’t know people. Hell, you don’t know what it is to be human.” Can you play and give good argument that that is untrue? Give good argument.

    Ignoring it means what? You’re usual?

    No, t., I don’t believe the USA is a police state, no matter how much you repeat it, and no matter how much you can’t distinguish between a quality and a quantity. It does illustrate how fallible you are, or how willfully you hold to ignorance.

  • t

    Areil: What are you going on about?

  • Johnc743

    The finest sites and blogs and forums centered on literature and learning? dceedefdddak