Violation of Constitutional Rights Doniphan, MO
Homer E Lambert Jr. shared this post via CopBlock.org’s submit page.
Homer Lambert ri-mu00067
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.
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.
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.
On the evening of May 3rd Mr. Lambert was never told the nature and cause of accusation for his detainment at the city jail.
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.