“Let’s play on BIG BOY terms. Let’s not play the lawyer game and my rights are violated game or none of that BULLCRAP today.”

Incident date : January 9th, 2015

Employees : Trooper Johnston and an unknown supervisor

Department : Georgia State Patrol

Contact : Major Tommy Waldrop
959 E. Confederate Ave., SE
Atlanta, GA 30316
(404) 624-7451

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Dilshodjon Tulyaganov has been accused of not “coming  to  a complete stop”. According to Georgia state law it is required that you provide ID if a state employed law enforcement agent has “probable cause” or “reasonable suspicion”  that you have committed a crime. Here the supposed crime is a failure to come to a complete stop.  Dilshodjon provides the state required information but retains his right to be silent. Dilshodjon is not only calm in his demeanor, but also understands what is and is not required from him by law from the State during this type of law enforcement contact.

Trooper Johnston asks if the “address is current” at which point Dilshodjon exhorts his right and refuses to answer any other questions. Trooper Johnston then says “you don’t have a choice but to answer”,  yet presses the issue no further and shifts the topic over to the supposed traffic violation/infraction (the crime) and returns to his vehicle to write up the citation.

At approx 5.22 of the video the trooper returns back to Dilshodjon and asks him to get out of the car. Rightfully, Dilshodjon does not comply. Trooper Johnston let’s his ego and pride start to run the interaction as he claims again “you don’t have a choice” and opens the car door. Trooper Johnson then proceeds to tell Dilshodjon to “step on out before I pull you out” followed up by “all you have to do is do what I am ASKING you to do”.  Again, Dilshodjon calmly, politely, and well within his rights does not comply and asks for a supervisor. When Dilshodjon asks for the trooper to shut his door, the trooper refuses and begins to get agitated as Dilshodjon points out that the citation can be explained through the open window with the door closed. Trooper Johnston then says “I don’t think you understand, this is MY traffic stop”, and again, “all you had to DO is DO what I ASK”. So, is that really asking? Once more Dilshodjon asks the trooper to shut his door at which point trooper Johnston says “I’m not closing the door, you need to step out” and reaches into the car  grabbing at Dilshodjon. The trooper must have had a moment of clarity as he backs off a little and resists his urge to continue his assault on Dilshodjon. Soon after though Dilshodjon reaches out to shut the door and Johnston stops him,  physically assaults him, forcefully removes him from the car and places him in handcuffs. He tells Dilshodjon that he is not able to perform his “duty”.  Trooper Johnston apparently has no idea what his actual duty is if he is claiming that Dilshodjon, by not complying to an unlawful and unconstitutional order, is obstructing.

 

 

Dilshodjon was assaulted,  illegally detained, and illegally searched.

When the supervisor shows up he explains Georgia state law concerning providing ID. It becomes apparent     that the supervisor wasn’t really informed by trooper Johnston as to what the issue was as he demonstrates he was unaware that the ID had already been presented to Johnston. When he is told ID has already been given over, the supervisor says, “that’s all he (johnston) was looking for”. This verifies that Dilshodjon was in compliance with the State law requiring ID. When Dilshodjon tells the supervisor it’s about answering other questions the supervisor has to begin to deceitfully convince Dilshodjon that what has been done  to him is perfectly legal.

The supervisor says ” ok here, here’s, let me try to see where he’s coming from with this and it’s PROBABLY the way I would be coming at it”. So the supervisor really doesn’t want to know where the trooper is “coming from”. He follows up with his reasoning and justification for their coercion in forcing the answer to followup questions.  Notice the supervisor states in his justification “the only thing I’m doing is ASKING”. There sure is a lot of forceful asking going on. All of a sudden the age ol “if you have nothing to hide” deceit tactic is pulled out. It get’s even better as the supervisor says “i mean, let’s throw all the legal mumbo jumbo out the window sir, ok. Let’s play on BIG BOY terms. Let’s not play the lawyer game and my rights are violated game or none of that BULLCRAP today.” After that sad view of your rights was used as a tactic of sidetracking, the supervisor sneaks the question in again. When he finds out it’s not the same address he ASKS “will you provide that address to this officer?” Once Dilshodjon answered, the supervisor continues to further the “investigation” with other follow up questions. Remember that in the beginning of this whole contact that Dilshodjon did not consent and invoked his 5th amendment right plainly and clearly. Now through scare tactics, deceit, and coercion Dilshodjon begins to answer their questions.

Hang on, it’s not over yet. We have yet to get to the “legalities” that this supervisor wants to discuss. The legality he starts with is a scenario of “what ifs”, neglecting that all the information that Dilshodjon would actually need concerning his court date is on the citation itself. More importantly he neglected providing any “legalities” at all in his excuses in covering the illegal behavior they were performing under color of law. He goes on to say that he is ” the top of the line supervisor”. There is no one above him. He proceeds to give more “legalities” when he gives “advice” and suggests that “it would probably be in your best interest to sign the citation”. He explains that if Dilshodjon doesn’t sign the citation that they would “feel like” he was “a flight risk” and he would be taken to jail.  Is that the legal knowledge of the  “top of the line supervisor”? Does he understand his own “legal mumbo jumbo”?

Trooper Johnston then returns back with the citation and spews what I call the “self righteous” cop attitude by saying “you realize we could have avoided all of this if you had told me that 20 minutes ago, do you realize that?”. I’m curious to know if trooper Johnston realized it could have all been over with if he had not persisted on violating Dilshodjon rights. This poor logic in self righteousness is a very scary attribute that many officers carry.

Trooper Johnson then ends the contact with “did you learn something today?” “Let’s not do it again, ok?”

~ Danny

 

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