46 votes

Attacked by 3 cops in my driveway for not showing id!

First off some background info. I've been on the Daily Paul for a few years just reading stories, not really posting or commenting. My brother turned me on to it during 2012 elections. I spent alot of time reading and watching videos, especially since I was going through my 2nd divorce at the time. So it was a great place to retreat and learn that my problems were very minimal compared to many people in this country and around the world.

So Yesterday I was coming home from work. As I passed over a bridge about 100 yards from my house, I noticed several sheriff and state troopers talking to some younger guys canoeing around the area. I decide to go to the bridge, which I do on a regular basis, and see what's happening. I was prob around 100 yards from the action. Cars came by and asks me what's going on and I made general conversation with them about it.

I started filming and after about 30 seconds, one sheriffs deputy came by. He asked what's going on and I told him I was just chilling out. He didn't like that answer especially when he realized I was video taping it. When he asked for id and where I lived, I asked what's the problem. He got frustrated. At this point I decided to walk away, which later made me a felon, little did I know. He said he was going to arrest me and then proceeded to speed up and swerve toward me, so I jumped out of the way and started running, video still recording of course. He sped up and got out then did it a few more times. I told him I've done nothing wrong and to leave me alone. I made it to my driveway when 2 other sheriff deputies swarmed me.

They kept asking me for id and where I lived. We had words and then they tried to connect me to the "illegal" activity which just turned out to be some underage guys drinking and canoeing. After a few min of them surrounding me and asked me question after question, demanding information they went to my driveway and ran my tag number. I finally said that they knew who I was cause you just ran my tags. At this point, they started saying they were going to arrest me for trespassing. I just bought a house and hadn't changed my license to my new address. They threatened to tow my car also.

After they found out my identity ran my name for any warrants, they gave me 10 seconds to answer their questions. I didn't comply. My girlfriend rang in and I told her I was about to go to jail and get beat by 3 cops. I was right. While one on my left distracted me the most aggressive one came in low on the right and knocked my phone out of my hand. He grabbed me by the throat and the other 2 held on to my hands while I was screaming to let me go and leave me alone. Then he put his boot into my head smashing my right temple into gravel. Finally after struggling for a little they handcuffed me and dragged me to the car and put me in. They searched me and took off to jail.

Then the officer stopped up at his buddies who were still at the bridge. The state trooper asked what happened so I told them that your little jack booted thugs smashed my face into the gravel. He didn't like it. He said that I should be glad his friends were there or else he would've beat my ass. After a long ride to jail, I was escorted by 3 c.o's to a bench and was chained to it for over an hour at least. He got out his book to see what he could charge me with. He asked me a few questions in which I remained silent on the bench.

After all was done,I was charged with 2 accounts of resisting arrest and 1 evading arrest. I still don't know what the arrest was for that I could evade or resist. These cops also frequent my job, which I am the manager at. I would like some advice on how to get the video from the officers dash cam and how to proceed. I've got videos of the incident that I will update later.

I've edited the paragraphs so it would be easier to read. Thanks for the comments, although most were discouraging. I don't feel like not identifying myself to a another person is reason to attack me, like most of the comments implied.

Thanks for your time



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Still waiting on the

Still waiting on the video....

Wow 65 comments!

You don't get that much activity without opposing views... usually.

You're welcome timlump.

meekandmild's picture

Title 42 USC §1983 lawsuit

sue both officers in there professional and personal capiticy as well as the police dept.

42 USC § 1983 - Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

I'm sorry this happened to you

I would get in touch with the folks at CopBlock.org, and photographyisnotacrime.com. They should be able to tell you how you can get the dash cam video, case law, legal precedents, attorney referrals, etc. Good luck to you.

When a true genius appears in the world, you may know him by this sign: that the dunces are all in confederacy against him. ~J. Swift

sounds Fake

Your whole story sounds made up.

Are the cops frequenting your job to harass you?

Or did they come there often before the incident?

I have no symapthy for those who instigate disobedient

interactions deliberately.

The cops are just doing their jobs... that they are hired to do.
It involves getting information from people who may appear to have something to do with illegal activity.
Those guys in the canoe could have been terrorists.
They are known to get wasted and pilot things.

And even if those guys by the river aren't terrorists,

if they are drunk and their canoe accidentally rams a support for a bridge for an interstate highway, this can cause a catastrophic collapse and if enough cars plunge headlong into the river, massive flooding on the scale of hurricane Sandy will be the result with a commensurate doubling of FEMA's current budget!

You have posted the same

You have posted the same comment several times. If you are trying to be funny, you've failed badly. If you aren't, then it's one of the more pathetically sad things I've ever seen here at the DP.

I'm not gonna downvote ya. I think people should actually see this comment and learn from it.

"The United States can pay any debt it has because we can always print money to do that." — Alan Greenspan

Antifed,

It's called "sarcasm"...

Sarcasm, right. He felt the

Sarcasm, right. He felt the need to repost it at least 3 times in the same post? Even if it is sarcasm, it isn't funny. It's annoying. One might even call it trolling. I think it is in poor taste and smacks of a desperate cry for attention. It's really kind of sad.

"The United States can pay any debt it has because we can always print money to do that." — Alan Greenspan

that's what I was thinking.

that's what I was thinking. :)

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

Are you mocking me b b because I stutter?

"You have posted the same comment several times."

I'm with Cuda all the way

blame the victim!

oppress the downtrodden!

they all deserve it.

signed,

the status quo

Be brave, be brave, the Myan pilot needs no aeroplane.

Now THAT is funny!

Now THAT is funny!

"The United States can pay any debt it has because we can always print money to do that." — Alan Greenspan

Yup, he left a smudge.

-

Free includes debt-free!

Who were they protecting and serving. Themselves?

They need job re-training, big time.

Free includes debt-free!

I have a question

How did you successfully preserve your video?

Did the officers not come into possession of your phone or did they just not delete the video? Did you upload it somewhere where they couldn't delete it?

Defend Liberty!

do not get a lawyer. US tile 18 242 and 241. federal law

use of color of law. counter charge them with an affidavit. be sure you charge more than $75,000. to get into federal court. mostly when I am confronted I read them there rights and say it applies to them and me also. and that they have 5 minutes to make a determination. If not I am going to charge them $5000 per minute.

not most use century codes of there state I dont know what state you are in. but these are not laws to be followed or legal or lawful. IF you go into your state Constitution Generally article 2 in my state is section 23 all law must have an enacting clause and a title to be lawful laws. in Article 1 in my state section 23 is the supreme law is the Constitution for the united States of America. In other words it super cedes all other laws.

there are over 65 million laws ignorance of the law is no excuse. Now one can even read much less understand these laws. But only about 170,000 of these laws are constitutional. that is one in 400 are lawful.

Now cops must know the law also.

I have and 18 page brief that I carry with me. for my state. telling them the for the most part that there law in not a law. and I have charging affidavit that i fill which includes every one along the way the gets involved. plus more.

If you would like a copy of mind I would gladly give you a copy to see for your use.

If you do get involved in court do ask for that discovery.

but if you use the proper paper work they will more than likely drop all charges.

Be sure they do drop with prejudice. So that it is final.

But still go after them. Now I put my funds must be in pre 1965 coinage. which is lawful money under the constitution. which makes your reward 15 times as much or more depending on the price of silver.

There are many options depending on how much you want to learn and do yourself.

You also have the 7th amendment jury.

Take care and God Bless.

I enjoy it when I get stopped by cops. I will keep having them get there supervisors there. I have had up to 7 cop cars standing there I will take the time to tell them the laws. etc. I generally drive without a license plate and never show ID. For you dont need either. There is are about four supreme court cases.

I could go on and on but will stop here GOod Luck

Thanks
May GOD Bless each and everyone.
I pray that God may see that Ron Paul will not be hurt or wounded, that he may become our next full two term President of the united States of America!
Tim

I would be interested in the

I would be interested in the affidavit that you use to charge them, as well as any general knowledge on this. I fought and won a case in Louisiana before but never charged the officers with harassment and unlawful arrest as well as the judge with violating some constitutional rights because I kept getting the run around from them. It was over a year ago now and I'm not sure what I could still do nor that its wort it since I had just moved to Alabama at the time. But I would be interested for future reference.

Also I would be interested in the information you uses when confronted about driving with no license. I know there are court rulings, but how does that work for you? I would also have a few questions about if I can or cant do it in my situation. If you are willing to answer some questions on it could you pm me?

GOod luck to you as well!

I hope you eventually learn to speak our language on a passable level.

XOXO

Syrupboy

I would delete this

Hi Timlum. I would delete or edit this post. Don't want to see it used against you. I'm sorry for your ordeal and wish you the best of luck. I would file a Demand for Disclosure of Discovery of Evidence (or whatever it's called in your state) with the court clerk or prosecutors office asap. Some people have simply wrote it on a napkin and handed it to the prosecutor. Hope you can get an attorney. Good luck.

Police hate being recorded.

Police hate being recorded. This has been a hotbed issue for a few years. Some places that made recording police illegal have literally been forced by the citizenry to reverse those laws.

Imagine if you just happened to be recording police in an area that just recently made it legal to do so again. Headline: "Cops beat local man for legally recording them."

If what you were doing was completely legal, including the video recording as well as not identifying yourself, you can probably sue the police and the individual officers if they lose their qualified immunity for what they did to you. Police have to obey the law as well.

You should probably start searching for a lawyer. Not just any lawyer but one who truly believes in the cause of liberty. Might even consider consulting with ACLU lawyers for some help as well.

...

File a Brady motion

First do not argue facts u will waste your time argue law..ask for a bill of particulars and look at the complaint to see if there are any defects..also ask for a 30 30 see how serious they are. It's called a speedy announvc ready for trial. These are minor violations at the end they have no interest in a trail..also threaten to file a civil right case in federal court if the judge try's to jerk you..make motion after motion including a probable cause hearing. Bury these fucks. Fuck lawyers they work for the system..every time I've had a problem I beat them In court every time pro se

There is a lot going on here

And I don't know what any of it means. I guess I gotta touch up on my lawyering ;)

I'm so sorry you went through all that...dang it.

playing with the tiger.

Consult your attorney about your questions. And consult your attorney about these words my attorney gave me:

1)My name is X.
(this satisfies identification laws)
2)I am a united states citizen.
(this ensures access to the law)
3)and I wish to go on my way now.
(this makes it clear it is a nonconsensual stop.)
4)I don't consent to searches. I don't consent to seizures. I invoke my right to remain silent. I demand an attorney. Invoke as necessary.

Obey their orders. Do not talk except to invoke the law.

Remember, police are your ADVERSARIES. They are allowed to lie to you. They are allowed to harm you with legal impunity.
Even though you do not have to talk to them, you must invoke the law to be protected by the law.

I would change (2) to I am a

I would change (2) to: I am a Citizen of the State of Texas, or (insert your state). This emphasizes the authority of State rights, regulations and statutes over Federal, and also reminds them who their real employers are.

"The United States can pay any debt it has because we can always print money to do that." — Alan Greenspan

"It is

Written..."

At this point

What difference does it make?!

If everything in your statement is true,

you're lucky. If this officer grabbed you by the throat he could have collapsed the carotid artery, stopping blood from getting to your brain and killing you. Same with police officers who plant their knee in the back of someone, apply pressure, and this person is flat on the ground face down and cuffed. This breaks ribs that puncture lung (s) and you're dead. Allowing these damn, dumb people to use these "control" methods is the first thing we have to stop.

If you, as a private citizen, file a freedom of information request the police department will likely ignore you. It's better to spend a little money and have an attorney file the request. Depending on what is on the dash cam video, ask the attorney if it would be worthwhile to fill a civil suit against the police officer (s), the police department and the city.

If the police are arresting you and they have probable cause of a felony offense, which at this point you have to identify yourself, police must tell you why you are being arrested and read you your Miranda rights.

In the meantime you have to have a script. When officers ask what your doing, the best response is "filming a public employee in the discharge of his/her duties in a public place, it is my 1st amendment right. Keep filming as long as you can, this will help you in court.

If they try to seize your cellphone or camera, your response should be that you do not consent to any searches or seizures of yourself or your property. This helps you in court, you are invoking your 4th amendment rights.

If they ask for your ID, inform them if they have probable cause to arrest you for a felony offense you would give them an ID. Other than this, they have no right to ask for an ID.

Another caution, if you intend to remain silent it is best you invoke your 5th amendment right to remain silent. This can also help you if you decide to take it to court.

Someone who did take it to court:

"New York Photojournalist Wins $200,000 Settlement from Viral Video Incident (Updated)"

A New York photojournalist won a $200,000 settlement stemming for a 2011 arrest that was caught on a video that made international headlines."

http://photographyisnotacrime.com/2014/06/17/new-york-photoj...