In Norwalk, Connecticut, a state marshal was arrested last Tuesday after police found more than a quarter-pound of pot in his vehicle. Marshal Alan Freedman, 58, was pulled over for running a red light, and a police drug dog alerted on his vehicle. Police found two bags of marijuana, a plastic container containing marijuana, digital scales, nine pipes with pot residue, a bag of seeds, and empty baggies. The pot seized came to 4.8 ounces. Freedman is charged with possession of more than four ounces of marijuana, possession of marijuana with intent to sell, illegal distribution of marijuana and possession of marijuana with intent to sell within 1,500 feet of a school. Freedman was released after posting $10,000 bond. State marshals are certified law enforcement officers, but typically handle civil matters, such as serving court documents.

In Shreveport, Louisiana, a Shreveport police officer was arrested last Wednesday for peddling drugs and soliciting prostitutes. Officer Jeffrion Smith, 30, went down after the department got information that he was looking for hookers, and an undercover investigation resulted in his arrest. He is charged with solicitation of prostitution, distribution of a Schedule I narcotic, and possession of a firearm with a controlled dangerous substance. He is now on administrative leave after being booked into the Caddo Parish Jail.

In Memphis, Tennessee, a Memphis police officer was arrested last Friday after getting ensnared in a drug sting operation. Officer Melvin Robinson, 28, went down after telling an FBI informant in November he was having money problems and agreeing to buy and sell 10 kilos of cocaine with a street value of $300,000. Robinson used his police squad car to drive to a south Memphis truck parking lot and grabbed a black duffle bag full of what he thought was cocaine. He was then arrested. He is charged with attempted possession of a controlled substance with intent to distribute. He faces up to life in prison.

In Los Angeles, an LAPD gang and narcotics division detective was arrested last Friday after a fellow detective saw him taking money from the scene of a drug raid. Det. Ramon Alvarez, a 27-year veteran of the department, was detained at the scene and his vehicle was searched. The money was found in the vehicle. Alvarez faces one count of grand theft.

In Oakland, California, a former San Ramon police officer pleaded guilty last Thursday to multiple corruption counts in the ongoing CNET (Central Contra Costa County Narcotics Enforcement Team) scandal. Louis Lombardi, 39, pleaded guilty to four misdemeanor counts for stealing cash and property during searches of homes and five felony counts for possessing and selling stolen drugs and firearms while he worked for CNET. The former CNET commander and two other police officer still face a raft of state and federal charges ranging from stealing and selling marijuana and methamphetamine to shaking down workers at an illegal massage parlor they operated to selling steroids to involvement in a scheme to create “dirty DUIs” by targeting men in bars to get them drunk, then arresting them on the highway to help their spouses in divorce cases. Lombardi is looking at up to 60 years in federal prison.

In Jackson, Mississippi, a former Crockett County General Sessions court judge was sentenced last Thursday to six months in prison for his involvement with methamphetamine. Shannon Jones had pleaded guilty to a single count in October of conspiracy to manufacture and possess meth with the intent to distribute. He had originally been arrested on state charges after sheriff’s deputies said they found meth-making materials at his home, but he was indicted on five federal charges in June. Jones must also pay the DEA $3,000 and submit to drug testing

This Week’s Corrupt Cops Stories is a post from Cop Block - Badges Don't Grant Extra Rights

In Asheville, North Carolina, drugs are missing from the police department evidence room. The word comes after an audit done after 380 pills were found missing in April. Now, it appears more drugs are missing and criminal cases are being dismissed. Local authorities said they are putting new procedures in place. Meanwhile, evidence pertaining to the missing drugs has been sent to the FBI, and authorities are vowing to arrest whoever did it if they can figure out just who that was.

In Costa Mesa, California, the city of Costa Mesa will pay a $150,000 settlement to a man who alleged that a former Costa Mesa police officer planted drugs on him and that prosecutors did not inform him that a drug test on the substance would have exonerated him. Tim Slappy was arrested and pleaded guilty to cocaine possession charges, only to learn months later that the substance wasn’t cocaine at all. Slappy was arrested in March 2009 by former officer Robert Harris after Harris produced a white substance on the ground while searching him. It was only because he was subpoenaed for a hearing about other complaints lodged against Harris in Newport Beach that Slappy learned from Costa Mesa detectives that the substance found near him was not cocaine. The city does not admit any guilt.

In Los Angeles, an LA County sheriff’s deputy was arrested January 11 on charges he smuggled heroin stuffed inside a burrito into a courthouse jail. Deputy Henry Marin, 27, is charged with bringing contraband into the jail and conspiracy to commit a crime. Martin was booked and released pending trial. Three LA County sheriff’s guards have been convicted and a fourth fired in recent years for smuggling or attempting to smuggle narcotics into jail for inmates.

In Atlanta, a former Clayton County police officer was sentenced Tuesday to federal prison for taking bribes to protect drug transactions and stealing personal property from a driver during a traffic stop. Jonathan Callahan, 28, was sentenced to five years and two months for accepting $1,000 in cash to be present during a drug deal in a sting conducted by the FBI. He came to investigators’ attention after a motorist he had stopped for a traffic violation complained Callahan had stolen two firearms from him. That netted him a civil rights violation conviction for violating the driver’s right to be free of unreasonable searches and seizures.

This Week’s Corrupt Cops Stories is a post from Cop Block - Badges Don't Grant Extra Rights

Complete article from The Daily Mail:

An off-duty police officer has been charged with executing a man in a sports bar – after an argument over a game of darts.

Riverside County sheriff’s deputy Dayle Long, 42, allegedly shot Samuel Vanettes, 36, three times, leaving him to die on the floor of the bar in Murrieta, California.

It is reported that Long, who had been drinking alone, struck up a conversation with Vanettes and his friends at Spelly’s Bar and Grille before the shooting.

An altercation allegedly broke out after the police officer told one of the friends ‘I’m better at darts than you are’, Chris Hull, 39, told Patch.com.

‘My buddy says, “Aw, you suck at darts”. (The man) says, “That’s why I’m a cop, I can do whatever I want to do”.’

Hull tsaid his friend asked; ‘Really, you can do anything?’

The police officer then pulled out his gun, Hull claimed and after the group repeatedly asked him to put it away he ‘pops three rounds into my friend Sam’.

The ten-year department veteran appeared at the Southwest Justice Center in French Valley in a red prison uniform, on Friday charged with murder.

Vanettes, a gas station cashier, was trying to keep the peace in the bar when he was gunned down, John Hall, a spokesperson for the District Attorney’s office, according to Patch.com report.

Long and another man were in an argument when Vanettes had stepped in to break up the fight.

‘He came in to act as a peacemaker and ended up getting shot,’ Hall said.

He added that the victim was unarmed and showing no aggressive behavior.

According to a family member of the victim, who spoke to the LA Times, Vanettes was at the bar with his sister, her boyfriend and another friend when he started playing darts with Long.

‘They were getting along good,’ the relative said Vanettes sister had told.

‘When the cop started having more whiskey, he started getting belligerent.

‘He lifted his shirt up and showed his gun. Sam was standing by the dartboard.

‘He said, “You don’t want to do this; you’re a nice guy”. And he shot him. That’s what I’m told.’

If convicted, Long could face 50 years to life behind bars.

It’s important to remember that all cops aren’t evil. I’m not anti-cop. Individuals, including Dayle Long (whether the allegations against him are true or false), are responsible for their actions. That means everyone – no matter their place of employment – should be held accountable for their actions.

If we really want to mitigate such atrocious rights-violations it won’t happen from another “civilian review board” or internal investigation but from a systemic change. The Statist Quo changes only when we each change our own outlook.

Live free and refuse to grant anyone authority simply because it’s claimed. Real change happens not at the ballot box but one mind at a time. When no one claims to be a master and no one allows themselves to be a slave.

The current “law enforcement” model is provided at the barrel of a gun. “Customers” are forced to pay or else. The lack of market signals means perverse incentives. Think for yourself:

“I can do whatever I want” says badge-wearing individual to man he shoots is a post from Cop Block - Badges Don't Grant Extra Rights

Doug Wylie posted up an article Friday over at PoliceOne.com about the marijuana legalization debate and what cops have to say about the issue. What’s most surprising is the poll results he posted about stating that 44% of cops on the site are in favor of legalization or on the fence, which is up from a 2009 poll they conducted that only recieved 36% in favor or on the fence.

It’s best to start with the reason marijuana is illegal in the first place, a history that has much to do with racism, control, and protectionism. For most of human history marijuana has been legal, and it’s use dates back to 7,000 BC. It had many uses, it was used for food, clothes, rope, paper and many other things. As a matter of fact, the Declaration of Independence was written on hemp paper. The first marijuana law in America was enacted in Jamestown Colony in 1619 ordering farmers to grow Indian hemp and you could actually be jailed for NOT growing hemp during shortages, it was even legal to pay your taxes with hemp at this time. The 1850 Census counted over 8,000 hemp farms in the US.

But then came the racism factor. In 1910 the Mexican revolution spread across the border and there started a rash of bad feelings between the smaller hemp farms and the larger ones who were using cheap Mexican labor. The Great Depression followed and when jobs became scarce, California passed a law outlawing “preparations of hemp” or “loco weed” as many Mexicans smoked marijuana.

Utah followed by outlawing marijuana after Mormons who traveled to Mexico were bringing the weed back to the state and smoking it. Targeting Mexican-Americans,  8 other states passed laws outlawing marijuana between 1915 and 1927. One Montana legislator, after the state outlawed marijuana in 1927, was quoted as saying,

When some beet field peon takes a few traces of this stuff… he thinks he has just been elected president of Mexico, so he starts out to execute all his political enemies.

A Texas legislator was quoted as saying,

All Mexicans are crazy, and this stuff [marijuana] is what makes them crazy.

In the East, it was all about stopping the “Negroes” from smoking it, as it was part of the Jazz scene sweeping the Eastern United States. Said most newspapers in 1934

Marihuana influences Negroes to look at white people in the eye, step on white men’s shadows and look at a white woman twice.

Alcohol prohibition was written into the Constitution because the view at the time was that the Feds did not have the power to outlaw alcohol and drugs (alcohol is a drug, so that’s like repeating yourself) therefore Congress passed the Harrison Act in 1914 to tax cocaine and opiates. If you did not follow the law you found yourself in a lot of trouble with the Treasury Department. Therefore, in 1930, the Treasury Department created the Federal Bureau of Narcotics, thus starting the all out war on marijuana. The following quotes are attributed to the founding Director Henry Anslinger

There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz, and swing, result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and any others.”

“…the primary reason to outlaw marijuana is its effect on the degenerate races.”

“Marijuana is an addictive drug which produces in its users insanity, criminality, and death.”

“Reefer makes darkies think they’re as good as white men.”

“Marihuana leads to pacifism and communist brainwashing”

“You smoke a joint and you’re likely to kill your brother.”

“Marijuana is the most violence-causing drug in the history of mankind.”

Anslinger then introduced the Marijuana Tax Act of 1937, complete with racist remarks and stories of ax murderers who were high on the drug.  The legislation passed and the rest is history as they say.

Going back to the article in question, the debate was brought up after a Border Patrol agent  was fired for telling a coworker during idle chat that cross border violence would cease if the drug war was ended. A belief that isn’t really that uncommon amongst police officers. I know more than one police officer here in my small town that really has no problem with marijuana smokers. I’ve witnessed in person, a cop walk in on people smoking pot and done nothing about it, not even give them a warning.

But can a police officer actually be fired for voicing this opinion? It happens, as the New York Times has reported. Those cops in the story that were fired for their pro-legalization are now likely to win big settlements from their departments.

This revelation may upset some pro-drug war cops, like the ones cited in the PoliceOne article. It shows that alot of cops are actually against the drug war, and the poll numbers found by PoliceOne.com probably would be closer to 50/50 if more cops were not afraid of speaking out. But now that they are seeing they can speak out and win money because of it, you may see this more and more. I’d love to see the poll results in a couple years.

What these anti-legalization cops do not understand, is that their belief kills innocent, peaceful people. Domestic drug law enforcement has killed 48 people in 2011 (as of December 9), the latest being 24 year old Samyr Ceballos of Santa Monica, California. After being investigated by the police, he was followed home and tazed after refusing to get out of his SUV. Cops then claim he reached for his gun and was then shot and killed. Police are refusing to release the names of the officers after threats from a local gang.

Which brings me to my next point, gangs are what they are because of prohibition. Al Capone would have been a nobody had alcohol never been outlawed, and big time notorious gangsters these days would be nobodys if not for drugs being outlawed. When you outlaw something like drugs and weapons, it just goes underground, where lots of shady and dangerous people make a profit off of it. They will do whatever it takes to transport these things to the people that want them because the demand is still there. The more police crack down on drugs, the more dangerous the work becomes for the gangs to get their products to their clients, therefore the price of those illegal products rises.

And to be able to move the products, they have to buy off police officers, which is where corruption comes from. Border Agents, sheriff deputies and local cops everywhere are being bought off by drug cartels in order to look the other way when shipments come in to their jurisdiction. And can you really blame them? These people have families to feed and take care of and who can’t resist a little extra cash? Men are easily corruptible, a lesson I reinforce to my daughter everyday, it’s the danger of having too much power.

The Drug War is also costing alot of money to enforce, it pads the budgets of police departments, which is why a lot of cops are in favor of it. It allows them to get more money from the federal government, which they use to buy more guns and, nowadays, tanks. But police departments aren’t immune from this recession, as departments nationwide have been laying off officers to save money across the board. But Philadelphia found a way to fight back against this, they essentially decriminalized small amounts of marijuana posession and actually saved $2 million.

Michael S. Rozeff wrote a short piece on the Lew Rockwell blog over the summer about the unintended consequences of the drug war,

1. The state forbids something, like drugs.

2. Production MUST therefore be illegal, and production will occur because the demand doesn’t disappear when the drug is made illegal.

3. Going illegal is a necessary condition for all those who are willing to  produce and supply the drug. The profit motive remains, even heightens, and so there will always be people who will go illegal.

4. The people attracted into the illegal business are going to be the people who already have the least inhibitions about doing anything immoral and illegal. They are the ones most willing to take risks.

5. Competition is all within illegality. This means that moral rules that govern peaceful competition do not prevail among the suppliers. They therefore select among any actions and rules that bring them survival, profits, and growth. The most effective means of gaining market share and preventing the incursion of rivals within a situation of illegal rivalry will include a reputation and readiness to kill and maim so as to enforce one’s will.

6. The means include corrupting law enforcement. This is virtually a necessity and always occurs in these conditions. The results include gang warfare. It also includes uneasy peace among gangs and division into territories and fiefdoms.

7. The competition need not lead to the practices mentioned in this article whose aim is to find and groom the most merciless killers. Yet it probably happened in the 1920s gangs that this mode of competition also prevailed as the many stories of Capone suggest. Most gangster movies also depict that the more brutal gangsters rise to the top.

One thing the government is either ignorant about, or just ignores, is that they can’t even keep drugs out of their own prisons, so how they can they keep them out of the entire country? Marijuana, as is the case with most every outlawed drug, has many health benefits. One of the most recent findings is that it may make you a better driver.

An amazing study authored by professors D. Mark Anderson (University of Montana) and Daniel Rees (University of Colorado) shows that traffic deaths have been reduced in states where medical marijuana is legalized.According to their findings, the use of medical marijuana has caused traffic related fatalities to fall by nearly nine percent in states that have legalized medical marijuana (via The Truth About Cars).

Legalizing Marijuana: Police Officers Speak Out (A response) is a post from Cop Block - Badges Don't Grant Extra Rights

Kern Co Sheriff Kills Two in with Police Cruiser is a post from Cop Block - Badges Don't Grant Extra Rights

In Littleton, Colorado, a former Arapahoe County sheriff was arrested late last month for trading methamphetamine for sexual favors from young men and hit with additional charges last Friday. Retired Arapahoe County Sheriff Patrick Sullivan, 68, a one-time national “Sheriff of the Year,” was first charged with possession and distribution of meth and now faces additional counts of soliciting a prostitute and attempting to influence a public official. Two informants told investigators they had sex with Sullivan in exchange for drugs, and one of them agreed to set up a meeting with Sullivan for another tryst. The meeting was videotaped, and Sullivan was arrested after handing drugs over to the snitch. The influencing a public servant charge came from a September incident when a caller reported that “an old guy,” later identified as Sullivan, was trying to get his roommates to use drugs and wouldn’t leave the house. When police arrived, Sullivan falsely told them he was part of a state task force trying to help drug users. At last report, Sullivan was being held on $500,000 bail. Ironically, he is being detained at a jail that bears his name. Police are investigating whether Sullivan was engaged in illegal activity while still sheriff and whether underage boys were involved.

In Marksville, Louisiana, an Avoyelles Parish Detention Center officer was arrested Saturday for bringing drugs into the jail. Guard Jaworski Toussaint, 34, was caught bringing synthetic marijuana and other contraband into the jail. He is charged with introduction of contraband into a penal institution and malfeasance in office.

In Fort Lauderdale, Florida, a Fort Lauderdale police officer was arrested Saturday for allegedly procuring prescription pain pills for a woman who turned out to be a confidential informant. Officer Kevin Pisano, 50, was on duty and uniform at the time of the drug deal. He is charged with armed delivery of oxycodone (Percocet) and armed delivery of hydrocodone (Vicodin). He is also facing one count of possession of hydrocodone (Vicodin), which was found during a search of his patrol vehicle.

In Rochester, New York, an Orleans County sheriff’s correction officer was arrested Sunday for smuggling contraband into the county jail. Guard Shawn Nicholson, 35, was arrested after a weeks-long investigation and went down after a sting operation. He is charged with two counts each of promoting prison contraband, criminal possession of a controlled substance, criminal sale of a controlled substance, conspiracy, and one count official misconduct. Bail was set at $10,000; there is no word on whether he has paid it.

In Bakersfield, California, a Bakersfield police officer was arrested Monday for stealing methamphetamine he should have seized as evidence. Police received a tip that Officer Ofelio Lopez was using meth, set up a ruse to snare him, and he took the bait. They got a court order to remove some meth from the evidence room, put the drugs in a purse, then had someone call the department claiming to have found the handbag. They sent Lopez to investigate, and he put the purse in his patrol car, but didn’t turn it in at the station. When detectives confronted Lopez the next day, the purse was still in the trunk, but some of the meth was missing. Police found it in Lopez’ uniform pocket, and they said he was tweaking at the time of his arrest. He is charged with transportation of a controlled substance, possession of a controlled substance, possession of a controlled substance while armed with a firearm, being under the influence of a controlled substance while armed, and, after brass knuckles turned up during a search of his home, possession of a dangerous weapon. There is no word on bail arrangements.

In Denville, New Jersey, a former Denville police officer pleaded guilty November 30 to stealing drugs from the departmental evidence room. Eugene Blood, 38, admitted pilfering small amounts of heroin and oxycodone during 2010 and 2011. His attorney said he became addicted to pain pills. He was originally charged with seven counts, including burglary and theft of a controlled substance, but ended up copping a plea to a single count of official misconduct. Under the plea agreement, he will get a three-year prison sentence.

In Poughkeepsie, New York, a former Poughkeepsie police officer was sentenced December 1 to 3 ½ to 10 ½ years in prison for taking bribes from a cocaine dealer. David Palazzolo admitted revealing the name of a female undercover officer and identifying a vehicle used for undercover work by the Dutchess County Drug Task Force in exchange for bribes. He earlier pleaded guilty to charges of conspiracy, receiving a bribe, and computer trespass

This Week’s Corrupt Cops Stories is a post from Cop Block - Badges Don't Grant Extra Rights

Via Guardian

The video shows Kayvan Sabehgi being hit numerous times by an officer clad in riot gear Link to this video

Video footage has emerged of a police officer beating an Iraq war veteran so hard that he suffered a ruptured spleen in an apparently unprovoked incident at a recent Occupy protest in California.

The footage, which has been shared with the Guardian, shows Kayvan Sabehgi standing in front of a police line on the night of Occupy Oakland‘s general strike on 2 November, when he is set upon by an officer.

He does not appear to be posing any threat, nor does he attempt to resist, yet he is hit numerous times by an officer clad in riot gear who appears determined to beat him to the ground.

Sabehgi, 32, an Oakland resident and former marine who served in Iraq and Afghanistan, has since undergone surgery on his spleen. He says it took hours for him to be taken to hospital, despite complaining of severe pain. Police have told the Guardian they are investigating the incident.

The footage was recorded by artist and photographer Neil Rivas, who said Sabehgi was “completely peaceful” before he was beaten. “It was uncalled for,” said Rivas. “There were no curse words. He was telling them he was a war vet, a resident of Oakland, a business owner.”

Sabehgi has previously said he was talking to officers in a non-violent manner prior to his arrest, which the footage appears to confirm.

The 32-year-old can be seen standing in front of a line of police officers, all of whom are in riot gear. The officers walk forward, chanting and thrusting their batons, and Sabehgi starts to walk backwards.

Although the video is dark, an officer can clearly be seen beginning to hit Sabehgi around the legs with a baton, then starting to strike him higher up.

Sabehgi then appears to be bundled to the ground. He was later arrested.
Rivas said the footage was shot around midnight on 3 November, as police approached Occupy Oakland following the 2 November general strike.

Police deployed teargas and non-lethal projectiles that night, after some protesters entered a disused building north of Frank H Ogawa Plaza, but Rivas said there did not appear to be an immediate threat to police at the time of the video.

“It was pretty much just Kayvan and myself right there at that moment when he got beat,” Rivas said.

“I couldn’t help but start yelling out for them to stop. He was not fighting back; he was moving away from the officer. It did not feel good.

“I saw him being taken down to the ground and I tried to keep my camera focused on that as well, but they were pretty quick at setting up a barricade between myself and Kayvan at that point. I was shoved out of the way, and I had several guns pointed my way.

“I remember specifically one officer right in front of me having his gun pointed point blank at me.”

Rivas said he realised the man in his video was Sabehgi after reading that a second Iraq war veteran had been injured, and seeing television footage.
Oakland television station KTVU TV-2 has previously shown footage of Sabehgi in handcuffs just after he was arrested, but Rivas believes this is the only video of him being beaten.

Sabehgi has previously told the Guardian he was walking away from the main area of police clashes – at 16th Street and Telegraph, just north of the Occupy base at Frank H Ogawa Plaza – when he was beaten and arrested.

Several police agencies were involved in the operation on 2 and 3 November, but Rivas said the officers who appear in front of Sabehgi at the beginning of the video were from Oakland police department.

A spokeswoman for Oakland police said: “The Oakland Police Department is currently investigating the incident.”

Occupy Oakland: footage shows police beating ‘peaceful’ Iraq war veteran is a post from Cop Block - Badges Don't Grant Extra Rights

Dozens of campus police in riot gear descended on students in a violent confrontation outside UC Berkeley’s Sproul Hall on Wednesday and arrested seven protesters as they tried to set up an “Occupy Cal” encampment.

The protesters were among about 1,000 students, faculty and Occupy activists participating in a statewide protest that marked the first banding of the Occupy movement with students against the financial handling of the state’s higher education system.

Students voted to set up an encampment in defiance of university orders, and as soon as they had three tents erected in front of Sproul Hall, baton-wielding police moved in on them.

“Put the guns down!” shouted students who had linked arms as police shoved and swung batons, whacking anyone who stood between them and the impromptu encampment outside the administration building.

“It really, really hurt – I got the wind knocked out of me,” said doctoral student Shane Boyle, raising his shirt to reveal a red welt on his chest. “I was lucky I only got hit twice.”

Six UC Berkeley students and one faculty member, English Professor Celeste Langan, were arrested for resisting and delaying police officers, said Lt. Alex Yao of the UC Berkeley Police, which got help from the Alameda County Sheriff’s Office and other UC police.

Full article

Berkeley Police Violently Attack College Kids With Batons 11/9/11 is a post from Cop Block - Badges Don't Grant Extra Rights

On Monday, community leaders and child advocates said the T-shirts are highly offensive and could validate feelings of mistrust for the Twin Rivers’ school police force. The agency has been under intense scrutiny over complaints it has overstepped its authority.

“There is nowhere on the planet where it is OK to wear a shirt like this,” said Ed Howard, senior counsel for the University of San Diego’s Children’s Advocacy Institute, after seeing the image of the shirt.

I wish we could get community leaders to be just as outraged about the actual criminalization of child misbehavior and abuse of children at the hands of school police officers, as they are over a t-shirt depicting the criminalization and abuse of children.

Photo by Bryan Patrick

Twin Rivers Police Officers Association – “U Raise ‘Em, We Cage ‘Em” is a post from Cop Block - Badges Don't Grant Extra Rights

In Center, Texas, the Shelby County District Attorney’s office is one focus of a federal criminal investigation into allowing arrested drug traffickers to buy their way out of trouble by letting the county seize their cash. The feds are now reviewing whether DA Lynda Kaye Russell cut illegal deals with defendants in a bid to bolster her county’s asset forfeiture account, which took in more than $800,000 in less than a year. An Associated Press investigation found “numerous examples of suspects who went unpunished or got unusually light sentences after turning over tens or hundreds of thousands of dollars.” In one case, a man caught with 15 kilos of cocaine and $80,000 in cash got probation after forfeiting the money to the DA; in another, a woman found with $620,000 in cash stuffed in Christmas presents walked free after turning over the money. Shelby County’s law enforcement practices gained national notoriety in 2008 when a still pending class action lawsuit accused the county of targeting black motorists and threatening to jail or prosecute them if they didn’t agree to forfeit their cash. Russell has been DA since 1999 and implemented a “drug enforcement” program on the highway through the county in 2006.

In Oakland, California, a former San Ramon police officer and Contra Costa sheriff’s deputy was arraigned Tuesday on federal charges related to the ongoing Central Costa Narcotics Enforcement Team (CCNET) corruption probe. Louis Lombardi, 39, is accused of stealing cash and drugs during police raids, selling marijuana and methamphetamine, and conspiring with his CCNET commander to set up a marijuana grow operation. He faces nine felony and misdemeanor counts and is looking at up to 60 years in prison. His attorney says he will cop a plea shortly. Three other CCNET officers, including its former commander, have already been charged in the case, and a fourth is likely to be charged soon.

In San Rafael, California, a former California Department of Corrections warehouse supervisor was arraigned Monday on charges he brought marijuana to San Quentin Prison to sell to an inmate. Robert Alioto, 48, had been arrested on October 5 and was fired the next day. He was charged with bringing a controlled substance into a state prison, selling or furnishing a controlled substance to a prisoner, and possession of marijuana for sale. He’s looking at up to five years in prison if convicted.

In Washington, DC, a former Metro DC police officer was sentenced last Friday to 15 years in prison for his role in the botched attempted robbery of a drug dealer that resulted in the fatal shooting of one of the would-be robbers by one of his companions. Former officer Reginald Jones, 42, acted as a lookout from his patrol car as five men attempted the robbery. As the drug dealer was being assaulted, his girlfriend ran to Jones’ police car seeking assistance, but Jones instead sped off. He pleaded guilty to second degree murder and conspiracy to commit robbery.

In Port Angeles, Washington, a former Clallam County sheriff’s evidence officer was convicted last Friday of stealing money from the evidence room. Staci Allison was accused of making off with at least $8,600 and, despite her protestations of innocence, she was convicted on counts of first-degree theft and money laundering. She’s looking at up to 10 years in prison when sentenced next month.

This Week’s Corrupt Cops Stories is a post from Cop Block - Badges Don't Grant Extra Rights

The other day, I had just left my house and was driving down my street, when I got a phone call. I pulled over and parked my car under a tree for shade and answered the phone. While talking on the phone, I noticed a patrol car coming from a side street. I continued with my call as the patrol car drove past me. The patrol car drove up the street a ways and then made a U-turn and pulled alongside of my car and one of the officers inside asked what I was doing. I stated that I was talking on my phone. He again asked me what I was doing and I again said I was talking on my phone. He then said (in a raised voice) “I said what are you doing here?” I again stated I was just talking on my phone and don’t know what else you want me to say.

He then asked for my ID, which I handed over to him. I asked why I was being harassed, since I was clearly not violating any laws. The officer (Officer Jennings of the San Jose PD) then said, “That’s it, get out of your vehicle, I’m gonna put you through the whole routine and that I was going to get a ticket for talking on my cell phone with my motor running” I got out of my vehicle and went to the back and put my hands on the back of my car. Officer Jennings proceeded to tell me that there had been robberies in the neighborhood and that he figured I was calling my accomplice that could have been behind the house I was parked in front of and was warning them that the cops were in the area.

He then proceeded to pat me down and in the process kicked my leg out from under me trying to knock me off my feet, but was unable to. I then said that this was total harassment and that I wasn’t doing anything wrong and that I lived right up the street, as my ID clearly showed. He again proceeded to tell me about robberies in the area and that I was a suspect…..somehow. I told him that was bullshit, since I live on this street and know most of my neighbors and the ones I don’t know see me driving up and down the street every day, so no one could have called the cops on me since I had only been parked there for less than 2 minutes before they started harassing me.

Officer Jennings got right in my face and said, “why would we be harassing you, you’re white?” He then looked over to his partner and said, “He’s too stupid to get it. He doesn’t get it, we’re wasting our time.” He then asked me if I like to resist arrest or fight with the cops, just trying to provoke me into a fight. I was biting. His partner finally chimed in saying that I needed to just be saying yes sir and no sir to the officers’ questions. After about 15 minutes of harassment and verbal and physical abuse, I got my ID back and they said I was free to go. I asked Officer Jennings for his business card. He said he and the other officer did not have one, so I asked for their badge numbers. He gave them to me verbally and proceeded to get into his car.

I then went to open my car door to get back inside and grab a pen to write their badge numbers down and was pushed with a two hand shove and told, “I told you to stand there until we drive away. After they drove away, I immediately called 911 and told them I had been harassed and assaulted by a couple of police officers. I also filed a complaint with Internal Affairs, even though I and everyone else knows nothing will happen to this sack of shit officer Jennings.

If you have a police encounter you would like to share, please feel free to write about it and send it to us using our SUBMIT tab.

Harrassed for Nothing is a post from Cop Block - Badges Don't Grant Extra Rights

 In Helena, Arkansas, five Helena-West Helena police officers were arrested Tuesday as part of a major drug trafficking crackdown that also involved public corruption. More than 800 federal and local police took part in mass arrests that targeted 70 people on federal charges. The police action, code named Operation Delta Blues, targeted crack cocaine sale and money laundering, but also swept up the Helena-West Helena police on corruption charges. The officers arrested are Helena-West Helena Police Department officer Herman Eaton, 46; Helena-West Helena officer Robert “Bam Bam” Rogers, 35; Helena-West Helena Sgt. Marlene Kalb, 48; Marvell police officer Robert Wahls, 42; and former Phillips County Deputy Sheriff Winston Dean Jackson, 44, who’s now a Helena-West Helena police officer. They face a variety of drug trafficking and other charges.

In Caruthersville, Missouri, the Caruthersville police chief and an officer were arrested October 6 and charged with forgery and theft. Chief Chris Riggs and Officer Marcus Hopkins each face multiple counts of forgery, while Riggs also faces one count of theft. Their exact misdeeds have not been revealed, but the investigation was conducted by the Missouri Highway Patrol Drugs and Crime Division. Both men are free on $200,000 bonds. Riggs remains police chief.

In Bayou La Batre, Alabama, a former Bayou La Batre police officer was arrested October 7 after a months-long investigation into missing drug money by the Alabama Bureau of Investigation. Former officer Jason Edwards had been in charge of confiscated drug money when some turned up missing in March. He resigned over the summer. At last report, Edwards was out on bail pending trial.

In St. Martinsville, Louisiana, a St. Martin Parish Sheriff’s Office jail guard was arrested October 5 for allegedly smuggling contraband into the St. Martin Parish Correctional II Facility. Officer Freddie Abraham, 20, is charged with malfeasance in office, criminal conspiracy, attempted introduction of contraband in penal institutions, and possession with intent to distribute marijuana. He was last reported in jail trying to make a $30,000 bond.

In Blacksburg, South Carolina, a former Cherokee County sheriff’s department narcotics officer was arrested October 5 for engaging in sex acts with a confidential informant who had pending charges. Albert Phillips, 41, is charged with misconduct in office for the acts, which took place between December 2008 and January 2009. He resigned in January 2009.

In Petaluma, California, a guard at San Quentin state prison was arrested October 6 for selling drugs at the prison and accepting bribes. Robert Alioto, 48, was booked on suspicion of requesting or receiving a bribe, possession of marijuana for sale, sales or transportation of marijuana, conspiracy and selling drugs to a person in custody. Officials had few details. Alioto is free on $50,000 bail.

This Week’s Corrupt Cops Stories is a post from Cop Block - Badges Don't Grant Extra Rights

As many of you probably know, the State of California recently passed a law saying a warrant is needed for police to search your cellphone if you are placed under arrest. Policeone.com picked up the story and the police officers who commented on the story let their true feelings on the Constitution be known.

In the story, the author noted that this law, which forces police officers to follow the Constitution, was opposed by The Peace Officers Research Association of California. Why did the oppose it? Well because it threatens their auhtority to do whatever they want, law be damned.

The Peace Officers Research Association of California, which opposed the law, argued: “Restricting the authority of a peace officer to search an arrestee unduly restricts their ability to apply the law, fight crime, discover evidence valuable to an investigation and protect the citizens of California.”

And that is just the tip of the iceberg, the quotes on the PoliceOne website and on their facebook page just go to prove what we already knew, cops are not fans of the Constitution when it comes to restrictions on their authority. These people crave power, whether or not it is why they took the job, the power gets ahold of most officers and like the famous saying “power currupts”

PoliceOne.com user kas9kas posted this on the website,

A person arrested loses their fourth ammendment when Peace Officers seize their person and property. Anything found on an arrestee has always been fair game in the courts eyes. If we find counterfeit money in a wallet, a childs porno picture, or narcotics, it was still evidence that was legally obtained by arrest.

User sevans  is really in favor of “Law Enforcement” Officers following the law

Boy am I glad I left California. The whacko legislature and governor know not what they do, unless allowing more criminals to avoid prosecution is their intent. I cannot believe they enacted this law after the California Supreme Court, one of the most liberal in the Country, upheld the search. I started in California and retired from Oregon. I’m truly surprised the liberal Oregon Court (either Court of Appeals, or Supreme Court) didn’t follow California.

I’ve noticed time and time again that anyone that is opposed to something a cop does, or just pisses them off in anyway, is a liberal in the minds of a PoliceOne.com commenter. I’ve yet to figure that out. But before I go on, let’s just take a look at what the US Constitution has to say about searching a persons property

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.

This is an amendment that was written because British soldiers and were allowed to search any home they liked, at any time and for whatever reason they wanted. And since many Founding Fathers were smugglers, they did not like this. But if you want to piss off a cop, just quote the 4th amendment. Make sure you tell them that you have the right to be secure in your effects. This really sets them off, especially PoliceOne user rhaney1313

OK everybody…lets all of us standup and applause the absolute morons in Sacramento and that awesome looser Gov. Jerry (Sunshine) Brown. He and his merrymen and dancing babes did it again. Another BAD law………….From all of us real Californians…My apologies to the United States of America and to the citizens in each State.

That’s right, a real Californian is against getting a warrant to search someones property, and that is what your cell phone and any other electronic device you have in your car is, your private property. Now not all cops are against the Constitution restricting their path to absolute authority, USO131  is one of the good guys.

When you start eliminating the need for a warrant you start to go down a very slippery slope of the loss of your constitutional rights..
If you can’t wrap your head around what I am saying then wrap it around this… Some one is arrested for DUI and all the contents in their electronic device was downloaded? The key here is the subject was arrested… Their cell phone was searched even when the reason for the arrest had nothing to do with possibly of any evidence to USE AGAINST THEM MIGHT BE ON THAT CELL PHONE…
Again remember this YOU CAN AND WILL BE SEARCHED LIKE THIS AS WELL…

Glockman39 is another one of the good guys, however small that group may be. Here he responds to rhaney1313

You want to stand up an applaud the upholding of the constitution? That document which you were, I assume, sworn to uphold?

Tell me, what reason would you have to search an individual’s cell phone for, say, an open container arrest? Are you hoping to find pictures of him imbibing on previous occasions?

We have the fourth amendment, and warrants signed by judges for a reason. The same reason we have the second amendment right to protect ourselves with individual firearms ownership.

Really, folks, I can’t fathom why some of you are so upset by this, unless you are too lazy to put in the extra effort required to protect individual liberty.

And this isn’t a left/right issue. It’s a rule of law issue.

A warrant isn’t always needed, most people are too afraid to say no to an officer, and they know it. One trick cops use all the time, one which I fell for during a traffic stop a few years back, is just simply asking the person if they can search their property, as coolcoin points out

Hey, just ask for consent, most of the time you will get it, just like consent to search a car. The morons think they are smarter than you, and if they give you permission, they are banking on you being too lazy to follow through, because “they have nothing to hide”, right?

Yep, you heard it correct, this officer thinks we’re all morons, at least he admits it. Over at the PoliceOne.com facebook page, where officers are always more bold and hateful, commenter Matt Osborne expresses his disdain by claiming his job will me millions of times harder if he has to follow the rules he swore to uphold.

damn bunch of tree huggers. California is the i hate police state lets make their job 8000000000000 times harder. Every police officer just needs to take a day off at the same time and see how they fill about that.

Nothing says “fuck you, respect my authority” like an idle threat written with the wrong word (see how they FEEL about that)

Hey Johnny Lubeck, what do you think about this?

The best thing that can happen for the country is a west coast earthquake, where it seperates Cali, and it floats out into the pacific.

Oh, I see. That was rather……harsh.

Hey Thomas John Staubly Jr., you’re the next contestant on “I hate you private citizens who make us follow the law, I hope you fucking die” (In case there is confusion, I don’t hope he dies, I’m implying he wants you to die)

next their gunna make officers get a warrant before they can even knock on their door….this is absurd. thank god i live in a redf state that is actually pro-law enforcement and actually let them do their damn jobs

Oh I’m sorry Thomas, you weren’t done? You had something else to say about freedom loving Americans who love the Constitution and limits on governmental power, like someone else, who was it? Oh yeah, the Founding Fathers. But anyways, I believe you had something else to add to the conversation later on

 lets face it, these people who take issues with these type of searches arent hurt or offended by the searches. the ones who take issue with this are the anti leo and/or thuggin gangbangers trying to get out of a charge. if you dont have anything to hide and arent committing any crime, then quess what, you likely wont get searched. keep your nose out of crime and this wont be an issue. the majority of supreme court decisions are made from some thug trying to get out of a charge or some liberal nut case who is super anti-leo

Oh that’s right, anyone who stands up for their rights must be a….hold on, I wanna get this term correct…..thuggin gangbanger. Well he showed us! Good upstanding people wipe their ass with the Constitution, thuggin gangbangers are the ones who want their rights to be upheld.

Like I said earlier though, there are good cops who are in favor of this new law, I was unaware there was so many thuggin gangbangers with badges, like Christopher Powell.

some of you are crazy or lazy…how is it anti-le to say that someones cell phone is subject to protections of the 4th ammendment? Ask somebody if you can look at their cell phone, if they tell you no, than get a warrant…if you don’t have PC or enough to get a warrant, then you probably have no business looking anyway.

It’s really scary to see what cops honestly think of this ruling. So many of them are bold enough to come right out and say they don’t want to have to get a warrant to search a persons property, even though they swore to uphold a document that says they do.

But the real problem is that Probable Cause is never really defined in the Constitution. Cops use this all the time, they just saw “I had probable cause to believe that…….” and they can search anything without a warrant.

It’s time to stand up for your rights, if you aren’t already. If you are pulled over, and a cop asks if he can search something (your car, cell phone, laptop, whatever) tell him no. Just be prepared to deal with a pissed off cop, and maybe carry a pocket constitution with you at all times.

How To Piss Off A Cop is a post from Cop Block - Badges Don't Grant Extra Rights

Great law enforcement we live under these days!!!

-Michael C

My Independence Day Arrest is a post from Cop Block - Badges Don't Grant Extra Rights

According to the person who filmed this (who contacted CopBlock.org via the submit tab), “I swear this man was put in the hospital with 3 broken ribs, dislocated shoulder and a bruised spleen and he didn’t even resist arrest, my friend got it all on video, please help. This happened in a town in Northern Ca called Santa Rosa. I have no photos only this video posted on youtube. Can you please help?”

That’s where you guys come in. Call the Santa Rosa Police department at 707.528.5222. We need more information on this officer, thanks

Cops beat up man walking down the street is a post from Cop Block - Badges Don't Grant Extra Rights

Officer Manny Ramos was charged with one count of second-degree murder and one count of involuntary manslaughter. It should come as no surprise the murdering scum was not charged with first-degree murder (because clearly, when you engage in a gang-like beating of a mentally ill man with 4 of your friends, you did not intend to kill him). Another officer, Police Cpl. Jay Cicinelli, was charged with one count each of involuntary manslaughter and excessive force.

“The cause of death in this case is mechanical compression of the thorax, making it impossible for Kelly Thomas to breathe normal. In other words, with the chest being compressed, Kelly Thomas was unable to inhale,” District Attorney Tony Rackauckas told reporters. “Over time his brain was deprived of oxygen.” Or how about, he died because he was murdered by the cops? That’s a little more intellectually honest. Even as he (likely against his will) charges these brave men with heinous crimes, Rackaukas still attempts to act as the ultimate police PR machine by describing a gruesome murder as oxygen deprivation.

Because, you know, when people suffer at the hands of police, it’s never because the police did anything wrong; it’s always the result of bizarre external circumstances. For instance, a family that was brutalized by a SWAT operation gone wrong was “inadvertently affected.” Grandfather Eurie Stamps was “struck by a bullet which was discharged from a SWAT officer’s rifle.” Or of course, the good old excuse used time and time again when people die from Taser deaths – the police officer didn’t do it, the Taser did! The victim just had a terrible and unexpected reaction to the Taser!

Local protester, Merijoe, has been to every Saturday protest since July 30 (see her protest sign to the right). She believes the charges were a good start, but are not enough. She believes all officers should have been charged. “We’re all aware of the fact that if Kelly’s dad, Ron,  hadn’t taken those hospital pictures of Kelly and released them to places like the Fullerton’s Future Blog and the Daily Mail in England, which then had John and Ken screaming for days about this horrific murder, it would have been totally swept under the rug,” says Merijoe. She is also angry about the fact that it took 75 days for charges to be brought up, and meanwhile, the 6 officers involved continued to work until August 2nd.

Merijoe feels spokespeople for the FPD continually failed to be forthcoming, and even lied about officers breaking bones when this was not the case. “The fact that all these animals were put on paid leave inflamed us more,” says Merijoe. “Evidently they’re still on this paid leave so tax payers are still on the hook for their salary and they get time accumulated for their pensions.”

Update on Kelly Thomas murder is a post from Cop Block - Badges Don't Grant Extra Rights

“Kern County passed two separate ordinances on August 9th, 2011. The urgency ordinance took effect immediately and limits the number of medical marijuana plants to 12 per parcel. This is in direct violation of the standards established by the Attorney General who stressed that the numbers of plants were limited by the number of patients not land. The other ordinance takes effect on September 8th, and bans all medical marijuana dispensaries. Despite harassment by local law enforcement, the citizens of Kern County have flocked to the effort; currently over 40 collectives and over 1,000 patients have joined the referendum effort to overturn the ban on collectives.”

Phil Ganong, attorney at law, has filed court documents seeking an injunction preventing the enforcement of Kern County’s illegal urgency ordinance limiting the number of plants per parcel. The sheriff of Kern County has attempted to scare the medical marijuana community by declaring a temporary amnesty for all medical marijuana growers, threatening jail time if they do not immediately uproot their harvests. In truth, the ordinance will only result in a citation. The intimidation tactics the Sheriff of Kern County include following local activists and flooding public City Council and County Board of Supervisor meetings with over 50 uniformed officers. When asked, Mr. Beresh, noted that reactionary forces were gathering within the state and attempting to overturn the public’s will as expressed in Proposition 215 through restrictive local ordinances and local bans.” (http://californiacannabiscoalition.org/?p=1457#comment-1790)

Yesterday I pulled into a (Kern County) Wal-Mart where I saw a cop speaking with a man getting petition signatures. Half-joking I said; “I bet that guy is getting signatures on that recent collective ban”. As I walked into the store I asked the guy what his petition was for (the cop was just standing by watching) and sure enough it was for the recent medicinal marijuana ordinance. I promptly signed the petition and asked the man why the cops were there. He said they were trying to prevent him from gathering signatures because he didn’t have a permit to do so. Mind you, people gather petition signatures here all the time and I have never seen a cop asking for permits, not can I think of any reason why one would be needed. Within earshot of the pig, I thanked the man for standing out in the heat fighting for our freedoms and democracy. As I left the store, backup was arriving. Unfortunately I was only able to snatch this picture as I drove by. I wish I could’ve filmed the scene but my three daughters and husband (who is on probation) were with me at the time. I once heard someone say, “If voting worked, it’d be illegal”….

-not happy with the (police) state of things
(Submitted via CopBlock.org’s Submit Tab)

Previous CopBlock.org Articles on Kern Co – Donny Youngblood:

• Kern Co Sheriff Involved in Third Shooting in Three Months
• Kern Co Sheriff’s Gone Wild
• Kern Co officer, Wesley Kraft, Cleared in Fatal Shooting

“If voting worked, it’d be illegal” is a post from Cop Block - Badges Don't Grant Extra Rights

In Nashville, Tennessee, an audit of West Tennessee’s 24th Judicial Drug Task Force has found abuses, including thefts by the group’s administrative assistant and jail trustees partying with seized crack cocaine. The investigation conducted by the state Comptroller’s Division of County Audit, which also found that District Attorney General Hansel McCadams and Henry County Sheriff Monte Belew liked to drive around in a seized BMW Z-3 on personal business. Auditors found that items seized from drug defendants were stolen or misused, with the administrative assistant and her ex-husband admitting to taking drugs, utility trailers, and a flat-screen television from the task force. Auditors also found that jail trustees had access to seized items and were not adequately supervised. Some trustees gained access to drug case files, smoked pot and crack while at the task force headquarters, and stole cash, coins, and other items. Prosecutor McCadams was cited for using a variety of seized vehicles including a Harley-Davidson motorcycle, a golf cart, a go cart, a four-wheeler and a trailer for his personal use. He flew on task force airplanes and a helicopter on non-official business, according to the report. No word yet on whether anyone is going to face criminal charges.

In San Francisco, the former commander of an East Bay drug task force was indicted Monday on a slew of federal corruption charges along with a friend who is a private investigator. Norman Wielsch, the former commander of the Contra Costa County Central Narcotics Enforcement Team (CNET), and private eye Chris Butler face numerous counts in an ongoing scandal that has already enveloped other members of the squad. They allegedly ripped-off marijuana and methamphetamine from the evidence room and resold it, provided protection to a bordello, and committed armed robberies of prostitutes, among other corrupt activities made possible by Wielsch’s command position with the task force. They are charged with narcotics conspiracy, two counts of methamphetamine distribution, five counts of marijuana distribution, four counts of theft from programs receiving federal funds, three counts of civil rights conspiracy, and two counts of extortion. They were being held pending a bail hearing at last report.

In Greenville, Missouri, the former Carter County sheriff was ordered last Friday to stand trial on three drug-related felonies, including distribution of methamphetamine and cocaine. Tommy Adams, 31, appeared at a preliminary hearing after which Associate Circuit Judge Randy Schuller found probable cause to believe he had committed those crimes. During the hearing, criminal investigators testified that Adams had consented to searches in April that led to the discovery of a small amount of cocaine in an evidence bag in his department-issued vehicle and that an evidence bag containing cocaine was missing from the evidence room. Investigators also found five bags of methamphetamine hidden under the vehicle’s gas pedal. The searches came after an informant wearing a wire bought meth from Adams. After being arrested in May, Adams tested positive for methamphetamine. Adams resigned after his May arrest. He now awaits trial.

This Week’s Corrupt Cops Stories is a post from Cop Block - Badges Don't Grant Extra Rights

One witness was purportedly recording the events on her cellphone. Police accused her of “interfering” with an investigation and demanded she cease recording. She refused, and was assaulted and battered. Another witness believes the witness with the cellphone was eventually taken into custody (interview with that witness here). I say assault and battery even though the account of the witness indicates she was grabbed and arrested because that is what assault and battery are, under the legal definitions used by police. Police like to scream assault and battery when you so much as scratch or spit at them, but when they twist arms and drag people off to jail, they like to call it “restraint” or “taking into custody.” Let’s be intellectually honest and call it what it is. If spitting on someone is assault, then certainly grabbing their arms and hauling them off to jail for wielding a cellphone camera is assault and battery.

The cops who seized the video were unnecessarily paranoid. They failed to place due trust in the thoroughly corrupt and evil system that almost always takes their side. Predictably, the vile ranks of law enforcement have treated this whole matter as less than problematic. The District Attorney’s office claims to be investigating, but any idiot can see through their lame and laughably transparent attempts to deceive the public. All of the officers are on paid vacation, while no charges have been filed. District Attorney Tony Rackauckas actually said his office is trying to determine whether officers used excessive force. Hmm, let’s think about that one.

The guy died, didn’t he?

Last time I checked, the penalty for being in the proximity of a car burglary – or even for being an actual suspect of the burglary – is not death. If the penalty for having the misfortune of being near a suspected burglary is less than death, then by definition, death penalty for such a transgression would be excessive.

Legal definitions can put a twist on things. So maybe the force was “excessive” based on a layman understanding, but what about the legal definition of excessive force? Legally, excessive force means the force used was unreasonable. So if this matter is actually debatable in Mr. Rackauckas’ mind, apparently there’s a chance beating a possible burglary suspect to death is “reasonable.” Reasonable if you live under tyranny, I suppose.

According to the Washington Post, “Rackauckas said prosecutors generally can file murder charges if they find that officers acted with such malice that it approached an intent to kill.” Yes, they can. But Rackauckas is being disingenuous here. Intent to kill is not required for a murder charge.

California Penal code 187  defines murder as the “unlawful killing of a human being, or a fetus, with malice aforethought.” Malice aforethought can be express (intent to kill) or implied. Malice is implied if a defendant intentionally committed an act, the natural consequences of which were dangerous to human life, the defendant knew the act was dangerous, and acted with conscious disregard for human life (see CA jury instructions on malice here). Thus, intent to kill is not necessary for a murder charge.

Are we really to believe that when these 6 officers beat the living shit out of Mr. Thomas, they did not intend to beat him? Unless they were all suffering from involuntary epileptic seizures of some sort, this is not a credible claim. The 6 officers intentionally beat Mr. Thomas, which is an act that is dangerous to human life. The officers knew this was a dangerous act (even if you do not think officers are the brightest bunch, surely they know repeated beating and Tasering is dangerous), and consciously beat him until he was almost dead. If this not adequate grounds for a murder charge, I’m not sure what is.

And of course, when they murder someone, the taxpayers foot the bill. Mr. Thomas’ father was offered a settlement of $900,000 from an attorney representing the City of Fullerton. Why completely innocent residents of Fullerton who have never committed violence, much less murdered a man, should have to pay for the crimes of 6 heinous scumbags is beyond me.

This is to say nothing of the fact that if these officers were ordinary people, they would have likely been charged immediately, severely, and probably with additional crimes they didn’t even commit. They would most certainly be in jail, with bail set high. Whoever seized the cellphone would likely be charged with tampering with evidence, obstruction of justice, resisting arrest, etc. However, as they are hallowed members of an elite gang, they are treated with undeserved deference and leniency, and when they destroy evidence, they are just doing their jobs.

For regular updates on this event, visit Friends of Fullerton’s Future. They have an entire page devoted to Kelly Thomas.

Join the forum discussion on this post

Still no justice for Kelly Thomas is a post from Cop Block - Badges Don't Grant Extra Rights

- Jack Nichols

Sacramento County Sheriff’s Deputies Illegally Enter My Property is a post from Cop Block - Badges Don't Grant Extra Rights