47 votes

I was arrested this weekend.

I was arrested this weekend. Here is a copy of the police report. If anyone has any contacts in the legal field who would be able to assist me, I would appreciate you having them contact me. Thanks.

Narrative- Weeks, John

On September 21, 2012 I was on routine patrol in the area of the Beebe ball park. I noticed a vehicle parked in the bak towards the swimming pool area. I ran the tag. The vehicle returned to Zachary Smart. I made contact with the driver Zachary Smart. I advised Mr Smart that the park closes at dark and he stated the sign says otherwise. I asked Mr. Smart why he was there and he stated that he would rather not say. I asked Mr Smart if he had anything illegal inside the vehicle and again he replied that he didnt want to answer. I ran him through ACIC/NCIC and his return came back valid. I then contacted Lt. Brian Duke to assist me. Mr Smart was asked to step out of the vehicle and submit to a sobriety test. Mr Smart refused to take off his glasses and was told he was under arrest for obstructing a governmental operations. Mr Smart refused to answer any questions after he was given his Miranda rights. Mr Smart was transported to the Beebe Police department, processed and given a Mandatory court date of November 5, 2012 at 10:30 AM. The vehicle was towed by Action wrecker. Mr Smart was transported to the White County Detention Center in lieu of a $225.00 bond.

Narrative- Duke, Brian.

On 9-21-12 I responded to the Beebe Ball Park to assist Officer John Weeks regarding a subject that he was out with. Upon arrival, I observed a blue Honda Civic setting in a dark area of the park with Officer Week's vehicle behind it. After making contact with Officer Weeks, he advised me that the male subject in the vehicle who had been identified as Zachary Smart was being very evasive and refused to cooperate with any type of questioning as to what he was doing at the park after dark. I went to Mr Smart's vehicle and asked him if he would step out of the vehicle so I could talk with him to which he complied. After this I asked Mr Smart if he had any weapons on him. I also told him that I needed to pat him down at which time he refused and said he did not consent to a exterior pat down. At this time I informed him that a pat down was legal at this point and would be conducted. While patting him down, I felt a large rectangular object in his right front pocket. Due to not knowing if this was a weapon or not, Mr Smart was placed into restraints until the time was retrieved at which time it was found to be his cell phone and wallet. After this, I continued to try to talk with Mr Smart and tried to explain why we were checking the area and why he was being detained. Mr Smart would never give an answer to any questions and would only make statements about us "not having any reasonable suspicion." This continued for a few more minutes (see video) until I asked Mr Smart if he had been drinking to which he again stated that he refused to answer. I advised Mr Smart that I needed to give him a Horizontal Eye Gaze Nystagmus test to check for any alcohol use to which he also refused. Mr Smart also stated that he did not consent to me removing his sun-glasses at which time I advised him that they would be removed. After I removed Mr. Smart's sunglasses he closed his eyes and would not cooperate in taking the field sobriety test. At this point Mr Smart was placed under arrest for Obstruction.

A search incident to arrest revealed several items of interest. The first item located were seven (7) restaurant pagers used in notifying restaurant patrons. The second was a brief case with equipment used that I suspect to be used in determining how smoke and vaporous clouds travel along with their opacity, the third was a medium sized bag containing memorabilia from the Republican National Convention and a book about Mitt Romney. Also located in the vehicle were various hand drawn documents along with one detailed map which clearly outlines a large building with several different areas located within the building. These area's had been assigned a number with the numbers representing something unknown at the report time. Mr Smart was advised of his Miranda rights and asked why he was in possession of the pagers to which he declined to answer. He was also asked about the briefcase to which he also declined to answer. I copied the documents in question and returned the originals to Mr Smart's vehicle. The vehicle was photographed as were the contents. During the booking process I spoke with Mr Smart about what I had seized from his vehicle and provided him with a evidence/property receipt. Mr Smart refused to sign the document without speaking with an attorney first but did sign all the other requested documentation.

While completing the arrest paperwork, Mr Smart continued to be evasive and unwilling to answer even the simplest of questions. The questions that he was asked at this point were of a booking paperwork nature and were just information as to his personal information and place of employment. Based on his demeanor and the items located in the vehicle, I also checked the open social network Facebook in an attempt to try to find out any information on Mr Smart at which time I discovered several political related items and pages that raised my suspicions about Mr Smart's behavior and the contents that were removed from his vehicle. I then communicated my findings with Capt. Eddie Cullum and Chief Wayne Ballew at which time I was instructed to pass along the information the the US Secret Service and the Intelligence section of the US Attorney's Office.

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My thoughts

I don't believe you were trespassing, even if you were at a public park at 4am. The government doesn't own property, it legally belongs to the people and as such you have access rights at any time of day. I wasn't aware there was a curfew on your property rights.

Moving on...

Cops are revenue collectors for the state. They are not there for your well-being and safety. Those days are long gone. I agree that you have rights such as the right to remain silent, etc. However, police are best to be avoided. They will step on your rights if it raises money for the state. Also, asserting your rights costs money these days because unless you have a lawyer, the judges will be just as complicit in the crime of stepping on your rights. I know this because I now have a speeding violation on my record for a photo radar and I was not the individual photographed, it was my brother-in-law. Judges don't care about justice, they care about the dollar.

Now, some will probably rail on me about asserting our rights and how important it is that we don't avoid an opportunity to do so. Well, that day of reckoning will come. Police will be made to pay for their crimes against the people they were appointed to serve. It used to be that only criminals hated the police. Now, everyday law-abiding citizens are starting to hate cops. Cops respond to this attitude by further asserting their disdain for the public. Someday, people are going to realize that these police officers are just state-sanctioned criminals.

You will not get justice unless you get legal representation.

________________________________________

Rate your jail

on a One to Five bar status

One being you got a luncheon meat sandwich, thrown in with eight to a cell holding a single toilet and
an unwashed uniform used previously by a guy with a urinary problem

up to a Five bar

with private cell, satellite TV , full gym, internet and conjugal visits

Jefferson's picture

Hey Kat

Long time no see. I miss your wit. I owe you some drinks if you're ever in the Austin area. Hope all is well.

Hello Jefferson

Good to see you again. :)...and good to see you still here

A few drinks in Austin? and the prophecy is I'll wake up with a Texas tattoo on my body

Where's yours?

Was the park officially closed

at the time you parked there?
What does "closes at dark" actually mean? Were those words actually on a sign? Why did the police report not give the "time" of incident?
Just wondering.
If you were there after closing hours, then the police had a right to ask you to move...A simple "Sir, the park is closed - would you please move along" would have sufficed.

However, using park hours as an excuse to interrogate and search you and/or your possessions was crossing the line and infringing upon your rights.(IMHO)

Good For You

Please keep us posted.

And I agree with you. If we aren't free to exercise them, then we don't really have our civil liberties after all.

___________________________________________________________________________
"Bipartisan: both parties acting in concert to put both of their hands in your pocket."-Rothbard

dumb shit

dumb shit

Alejandro

"Us vs. Them" mentality will never be overcome with this type of

behavior. I know they had no right to do much of what they did, but you still fed the "Ron Paul people are kooks and terrorists" mentality. For the sake of freedom and the movement, maybe you should've handled this situation differently. I am no fan of police, but I've found that I can usually reason with them and leave them with a good taste in their mouth for us freedom lovers. Remember, the oathkeepers and veterans for Ron paul were once on "their" side. They had to be awakened somehow. Let's work toward that end!

Christians should not be warmongers! http://www.lewrockwell.com/vance/vance87.html

If we can't use our

If we can't use our constitutional rights without being arrested, do we really have constitutional rights at all?

If I invoke my right to remain silent and am arrested for doing so, then I do not have a right to remain silent.

If I am arrested for not giving consent to a search, then my consent is not needed.

The fact that you can give up your rights and answer their questions/consent to their searches and in exchange get them to leave you alone is irrelevant.

You invoked your right way to

You invoked your right way to late..... Your first words should have been am I free to go or am I being detained... If so why... followed by do I have the right to remain silent.... then do so.

if you disappear...

at least now we will know why.

my friend is the best non lawyer..lawyer ive evert meet..

he will help any liberty minded individual...he has represented himself on 4 occasions and blew them out of the water...i have learned in order to win do not argue facts that is for a jury only argue law....first thing you do is see if the information spells out a charge meaning look up what is obstruction is.... usually it spells it out clearly as police love to charge people with something that doesnt fit the charge...so check what obstruction is....if the charge is defective you can get it thrown out right....i had a discon charge got it thrown out..my son was charged with 3 bullshit charges in sea side heights after a year and appeals i threaten to take it to the federal courts and they backed right off....fight on the law not on the facts and you win every time if you been jerked by them...also you can request a probable cause hearing as well as a map hearing for the search without your consent although these freaks found nothing in your car that constitutes a crime just scare tactics tell them to save it for the 16 year olds..you did everything right all they could pull out their ass is bs.

ps they had no right

to go thru your electronic device....make a complaint and threaten them with a law suite that should get their attention. you can always file a civil rights claim or file under an article 78...thats much later for starters i would first do what i told you..look up the charge as written and see if it applys to you situation. good job for all to learn never talk to these scumbags they have the permission of the courts to lie thru their teeth to you so they can incriminate you...never ever talk to them.

What's that all about?

This part:

"I also checked the open social network Facebook in an attempt to try to find out any information on Mr Smart at which time I discovered several political related items and pages that raised my suspicions about Mr Smart's behavior and the contents that were removed from his vehicle. I then communicated my findings with Capt. Eddie Cullum and Chief Wayne Ballew at which time I was instructed to pass along the information the the US Secret Service and the Intelligence section of the US Attorney's Office."

That doesn't seem right.

Dude, you might end up on

Dude, you might end up on some "terror watch list". Secret Service?

My Political Awakening: I Wanted to Change the World...
I am NOT Anti-America. America is Anti-Me - Lowkey
How to Handle POLICE STATE Encounters

looks like a lot of hassle

looks like a lot of hassle and expense for nothing.

Cops knocking on car windows late at night is nothing new...it didn't just start under the Patriot act. I remember being 18 back in the 80's trying to find places to park with my girlfriend of the week. Trans Am T-tops down, seat eased back...clothes thrown all over the place (ah, the good ole days!)...

then you see lights...you're trying to get your clothes back on....cop pulls up behind you with the bright lights...comes up and taps on your window....

the story is as old as the reason you were trying to park there in the first place.

Gotta pick your fights. Most cops have families, bills, little league on the weekends...just like the rest of us. They aren't out there trying to violate your civil rights...they are just trying to keep the area safe and go home at the end of the night.

How I'd respond...

officer: Good evening sir...the park closes at 10 pm. Can I ask why you are still here?

me: I'm sorry officer...I had been driving all day and had gotten tired. I pulled into a safe place to take a nap.

officer: ok...well you're going to have to get going. Drive safely.

me: yes sir...have a good evening.

“Let it not be said that no one cared, that no one objected once it’s realized that our liberties and wealth are in jeopardy.”
― Ron Paul

"me: I'm sorry officer...I

"me: I'm sorry officer...I had been driving all day and had gotten tired. I pulled into a safe place to take a nap."

Look at you. Apologizing to the police for being in a public park... So eager to say a Mea Culpa that it is the first thing out of your mouth.

it's after dark/closing...the

it's after dark/closing...you're trespassing. I would have been on my way in 15 seconds.

You nutcases just can't wait to show off your knowledge of the Constitution. Meanwhile...you're arrested, photographed, fingerprinted, put in the slammer, have to go to court, miss work, hire an attorney, have a record, put on a terror watchlist, likely in the future be banned from owning a firearm....and maybe even get shot on the spot if things turn ugly....

There's a smarter way.

“Let it not be said that no one cared, that no one objected once it’s realized that our liberties and wealth are in jeopardy.”
― Ron Paul

Agreed... You can't start off

Agreed... You can't start off with breaking a law and expect it to go good...ie Trespass.

I have some fond memories of those steamed up windows.... Not so found memories of that flashlight.... A few yes sirs and no sirs seemed to send you on your way. Did you know the park is closed after dark? Often a yes sir worked fine.... Showing respect and being honest generally gained the respect of the officer. (unless this was the tenth time).

When you are in a dark lonely place picking a battle is far from a wise move... A few swings of a billy club and the next thing you know you are being wrote up for missing lights ect... A bag of dope tossed into your car can put you away for a long time. Ticking off some power hungry office just isn't a wise move.

PS: from someone who has worked in and around law enforcement. (seen both the good and the ugly).

Thanks for standing up to the gustapo!

I agree with some people that a good thing to do is ask if you are being detained or if you are under arrest, but whateves. It's a tough situation and I think you handled it well - the point is you shouldn't HAVE to ask that!

BTW, it's spelled "Gestapo".

BTW, it's spelled "Gestapo".

Thanks for the currection.

Thanks for the currection.

Mr Smart

is really dumb. Hey buddy, you were trespassing and looking all suspicious. All parks close at 10 pm across the nation. When a cop asks you a question you are supposed to answer him. They are protecting us from the likes of you mysteriously sitting in the dark parked car in a park. Sheesh grow up! If you co-operated you wouldn't be on the DHS list. Stupid is as stupid does. Why don't you cut your nose off to spite your face while you are at it.

Keepin' it real.

Speak for yourself,

Speak for yourself, Teafortwo, when you say you want cops to protect you from "mysterious" things! Lol

I was aware Reince Prebius

I was aware Reince Prebius read the dailypaul, but I didn't know he commented on it...

I think Priebus is the DP poster called

"The Shazad"--He hasn't posted here since that video outing him about cheating at the RNC.

Haha Good One

I couldn't help but laugh at that. I still think I would have reacted differently to the police, mostly because I like to avoid conflict and usually have a story "ready to go" whenever I might be in a compromising situation. lol

www.standardexcellence.net - Bringing you Oklahoma, Texas and national news & opinion that matters for liberty.

Question

The park has dark areas and light areas? These officers are grasping and that one comment did it for me. Maybe if you would have parked in one of the light areas in the park they would have left you alone? LOL

Not The Best Actions

I agree that some things were done correctly,like refusing to answer questions and take test, but doing so in a manner as closing your eyes can be seen by officers as showing that you have something to hide.

You should have asked if you were being charged with anything, and what you were being charged with if you were being charged at all.

I am not a lawyer, but I believe that the case of obstruction can not be made here. Your belongings were searched illegally and you had not committed any previous crime, so I do not believe this could be obstruction.

Suit up with the best lawyer you can find, but remember that you do not need a lawyer to represent you in court. You can represent yourself, and you can not be forced to testify against yourself. Depending on where this incident happened, I would contact the president of the neighborhood home owners association or a state representative.

If you are innocent of all crimes, you could have handled this better, but based on the charges put against you, I think you will win this case.

Again, I am not a lawyer and I am not studying law.

Best of luck to you in the case.

Repeat after me: Am I being

Repeat after me:

Am I being detained?

Am I free to go?

I dont consent to searches.

Rinse and repeat.