The content below was shared by Charlie via CopBlock.org/Submit. After giving a text recount of his experiences with Mr. Valdez, employed at Valdez Police Department, Charlie seeks your input on how he could best proceed.
Date of Incident: August 27th
Individual Response: Officer Valdez
Outfit: Arvada (CO) Police Department
Phone: (720) 898-6900
After being given a ticket for a Noise Violation on May 4th, I took my case to trial because I was absolutely not guilty. I represented myself in a court of law, and proved to the judge that I was not the host of the party in question, nor was I responsible for the volume of noise. I won my case and was acquitted of the initial charge.
Lets back up. On the night of May 4th I was at a small party when the police arrived for a noise complaint. The party was the size of a large BarBQue, but the noise was understandably loud. Being confident with the law I chose to answer the door for the homeowner and speak with the police.
Editors Note: Those active with Copwatch of East Atlanta recommend that you never answer the front door of another person’s property if/when police employees arrive.
Upon opening the door Officer Valdez demanded entrance into the property. Calmly, I asked the officer if he had a warrant or any probable cause for me to allow him entrance into the property. He explained that he was there for a noise complaint, and I asked him if that was a sufficient reason to demand entrance into a private residence? At this point he said that everyone who was in the back yard needs to come back into the home. To which I said “We have already brought the guests back into the property” Then he demanded that I turn down the music, to which I replied “The music has been turned down.”
My short responses, which yielded nothing for the Officer, provoked and challenged the Officers authority. To which he explained to his partner, “Look at this Youtube sensation, thinking he knows more than the police. Give me your ID.”
I immediately gave the officer my ID and he issued me a citation. The problem for the Officer was that this was not my home, nor was I responsible for the noise violation. Given no other option than court, I represented myself successfully and was acquitted. I must also add, throughout the entire trial Officer Valdez lied under oath on numerous occasions in an attempt to find me guilty of my charges.
Unfortunately, because I won my case against the officer, this created even greater animosity. Officer Valdez then held me after court to issue me two new citations for False Reporting and Interfering with a Police officer.
It is my opinion that this is an absolute display of police harassment and intimidation. I am interested in opinions on how to proceed? The officer will certainly make the claim that I presented myself as the homeowner and because it has been proven that I am not the homeowner, that I misled the police aka. False Reported. He will also make the claim that because I demanded a warrant/probable cause to enter into the property, while it wasn’t my home, also demonstrates that I interfered with a police officer.
For these reasons the officer may have a case. Does anyone know of any precedent where someone was allowed to represent the rights of others? Does anyone have any opinions for what I should do? I am particularly interested in legal precedent.
I have not filed a complaint against the officer yet because I believe that the complaint will impact my ability to plea for a deferred judgment on the charges, but I absolutely plan on doing so if I have to go to trial/after I have been sentenced. Additionally, I am entertaining the idea of contacting the ASPCA for the harassment factor from this police officer.
It appears completely unreasonable to have two additional charges given to me out of spite for winning my first charge.
Any help or opinions would be greatly appreciated.
Known Colorado-Based Police Accountability Groups
- Colorado Springs Cop Block – Twitter
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- Rangely Cop Block – website / Facebook / Twitter / YouTube / firstname.lastname@example.org
- West Colorado Cop Block – website / Twitter
- West Denver Cop Watch – website / (720) 369-2741 / email@example.com