Category Archives: Police Abuse

A small crack in the windshield justifies the search of a car according to a new Nevada Supreme Court ruling.

Nevada’s Supreme Court earlier this month decided that motorists can be stopped and searched if a tiny rock scratches a vehicle’s windshield. The court took up a case where a police officer stopped a motorist but was wrong about the statute governing windshields. The high court decided to find a way to make the initial stop stick. 

The case revolved around whether Deputy Wendy Jason was right to pull over Jarvis Deer Cantsee when she saw he had a crack across his windshield in what she thought was a violation of a statute banning driving “with any sign poster or other nontransparent material upon the front windshield.” A lower court ruled that the traffic stop was inappropriate because the deputy got the law wrong, but the state appealed all the way to the high court. A divided majority sided with the prosecution.

“We conclude that a police officer’s citation to an incorrect statute is not a mistake of law that invalidates an investigatory traffic stop under the Fourth Amendment if another statute nonetheless prohibits the suspected conduct,” Justice James W. Hardesty wrote for the court. “Therefore, we reverse the district court’s order.”

Justice Michael A. Cherry, in the minority, warned of the consequence of his colleagues’ finding.

“Of course, this argument is troubling; its adoption would make any citizen who was the victim of a pebble lodged in a windshield, a frequent occurrence on those long drives across our vast state, susceptible to a traffic stop,” the dissenting opinion explained.

In the course of the lower court battle, state prosecutors decided that Cantsee must have violated a different statute, NRS 484B.163, which states: “A vehicle must not be operated upon any highway unless the driver’s vision through any required glass equipment is normal.” Washoe County Judge David A. Hardy found the switch of statute in the middle of the case unfairly surprised the defense, and he ordered the evidence obtained from the stop suppressed. This is the first time the issue has come before the state Supreme Court.

“There is a difference between a mistake of law and a mistake as to which law applies,” Justice Hardesty wrote for the majority. “Deputy Jason initiated the traffic stop because of the cracked windshield. She cited Cantsee for violating NRS 484D.435, believing that it was the applicable statute. She was mistaken. Although this statute does not prohibit Cantsee’s conduct, a crack that obstructs the driver’s vision through the windshield could be an infraction under NRS 484B.163. We conclude that this statute provides a lawful ground to justify the stop because the crack in the windshield might have obstructed Cantsee’s view.”

Justice Cherry, in his dissent, points out that the trial judge had already rejected the possibility that there was a violation of the 484B.163 statute. The majority insisted on sending the case back to the lower court for adjudication on this question.

See The Original PDF File Here :Nevada v. Cantsee

Source: The Newspaper

Death of Down Syndrome Man in Police Custody Ruled ‘Homocide’ No Charges Filed

RobertSaylorA man with down syndrome was killed while in police custody, his death ruled a homicide, and no charges were brought against the officers involved.

The victim, Robert Saylor, was at a movie theater with a health aide in Frederick on the night of the incident. He had just watched Zero Dark Thirty and refused to leave the theater after the film ended.

Three off-duty deputies who were moonlighting as security at the theater were called to handle the situation. The situation turned violent and Saylor ended up face down on the ground.

The cause of death, according to the autopsy, was asphyxiation. The autopsy also said Saylor’s larynx had been damaged. A witness said an officer had put his knee on Saylor’s lower back while Saylor was on his stomach being handcuffed, according to The Associated Press.

An internal “investigation” cleared the three officers, Lt. Scott Jewell, Sgt. Rich Rochford and Deputy First Class James Harris, of any wrongdoing.

A petition calling on Maryland Governor Martin O’Malley to conduct an independent investigation into Saylor’s death had garnered more than 374,000 signatures as of April 8th, 2014.

As no charges were brought against the officers involved in this incident, the family has since filed suit against the Sheriff’s Department, citing “gross negligence.”

Robert Saylor’s death is tragic and highlights a serious lack of competence when it comes to police handling situations involving those with special needs.

Just last week we saw a horrifying beating of a special needs man by police that reinforces this level of incompetence.  The fact is that police are severely lacking skills in dealing with special needs individuals.

In a two-part study, researchers looked at use of the crisis intervention team, or CIT, model, a 40-hour program to train police to respond to those with mental health issues. They interviewed 586 officers, 251 of whom had received CIT training, and reviewed more than 1,000 police encounters with individuals believed to have behavioral disorders.

Officers who participated in CIT training were more knowledgeable about mental health issues, treatments and de-escalation skills, according to findings published in the April issue of the journal Psychiatric Services.

What’s more, when looking at emergency responses, incidents involving officers with CIT training were more likely to result in transport to mental health services and less likely to culminate in arrest. Researchers found that officers who had participated in training were also much more likely to indicate that the highest level of force used in their emergency response was verbal engagement or negotiation.

With the increased prevalence in Autism and police aggression in general, something must be done before anymore innocent lives are taken.

Source: The Free Thought Project

Defendant Killed in Courtroom for Wielding a Pen in a “Threatening Manner”

Defendant Siale Angilau, was shot and killed by US Marshals on Monday after he “grabbed a pen and rushed the witness stand.”

Apparently a man with a pen, in a room full of government officials trained to “prevent crime,” justified the multiple shots fired.

It is a good thing that no one else was killed by this aggressive show of force.

Do not misinterpret the fact that we are calling out the US Marshal’s use of excessive force for sympathy towards a potential criminal. The two are mutually exclusive.

However, a man is dead now, and others were put in danger because of a trigger happy cop who couldn’t figure out how to detain a man, despite having a room full of people that could have helped him.

Source: The Free Thought Project

78 Year old Man calls 911 for his wife with dementia, Police Beat him instead

I know that all police and Law enforcement officers are not like this; However this is a disturbing trend I have been seeing a lot of other stories like this. The point is this needs to stop. There is no sense in this type of treatment toward anyone, much less a 78 year old man trying to help his wife. The the police dept have the audacity to charge him with 3 charges Elder Abuse (seems to me like this should go the other way) Refusing arrest, and assaulting a police officer. There are quite a few police officers who are overstepping their powers and need to be fired or something. This is no way to treat anyone.

Cop Under Investigation After Shooting Man With Warrant in Walmart

David Horton (photo: WHNT19 News)

Cassius Methyl | The Anti Media

On Tuesday, in Huntsville Alabama, an off duty cop shot a man in the butt in Walmart, endangering the lives of civilians around him, in pursuit of this person with not very outstanding ‘outstanding warrants’.

He recognized the man with warrants , David Horton (looks to be in his early twenties, age not specified), and tried to make an arrest.

David fled the scene, and the cop pursued him, shooting him in the butt in an area full of citizens who could have been shot.

He was then transported to a hospital and is being ‘guarded by police’, the shot was not life threatening.

The cop was most definitely not warranted to shoot at him, especially in Walmart. He claims his gun accidentally discharged.

The cop is currently under investigation by his chief of police, who appears to be determined to find out what actually happened here.

Hopefully he will lose his job and never be able to endanger innocent people ever again (or shoot at people wanted by the police state for not very serious crimes, though the crimes of David Horton are currently unknown).

It is known though, that the man shot in the ass did not kill anyone, so to try to use lethal force to put him in the cold death grip of the police state seems highly immoral.

The cop is currently under investigation by his own department, and it seems that Madison County police chief Cecil Moses has a will to find out what actually happened, perhaps because these days when police mess up, it is widely reported on by the independent media.

Moses says the video of the incident is being investigated, as well as what kind of gun the cop used, whether it is likely to be accidentally discharged or not, ect.

Maybe the cop will be fired, maybe not. After all, it is still the inherently corrupt police state, locking people in cages for victimless crimes.

Please share this with anyone who could have their perspectives broadened by this info, especially if they don’t usually see stories like this.

Sources- http://blog.al.com/breaking/2014/04/morgan_co_deputy_allegedly_sho.html

http://blog.al.com/breaking/2014/04/off-duty_deputy_who_shot_fleei.html

POLICE MEET GEORGIA PARENTS OUTSIDE SCHOOL FOR OPTING CHILDREN OUT OF STATE TEST


On Wednesday Tracy and Mary Finney of Marietta, Georgia were met by a police officer outside their children’s public school and informed they were trespassing on school property because they opposed the school’s process of testing all children.

The Finneys, whose children attend West Side Elementary School, had decided to opt their children out of Georgia’s state test, the CRCT.

According to Georgia State Department of Education Rules:

(3) REQUIREMENTS FOR GRADES 3,5, AND 8.

(a) Promotion of a student shall be determined as follows.

1. No third grade student shall be promoted to the fourth grade if the student does not achieve grade level on the Criterion-Referenced Competency Test in reading and meet promotion standards and criteria established by the local board of education for the school that the student attends.

2. No fifth grade student shall be promoted to the sixth grade if the student does not achieve grade level on the Criterion-Referenced Competency Test in reading and the Criterion-Referenced Competency Test in mathematics and meet promotion standards and criteria established by the local board of education for the school that the student attends.

3. No eighth grade student shall be promoted to the ninth grade if the student does not achieve grade level on the Criterion-Referenced Competency Test in reading and the Criterion-Referenced Competency Test in mathematics and meet promotion standards and criteria established by the local board of education for the school that the student attends.

“We made the decision to opt our kids out of the CRCT,” Tracy Finney told Breitbart News, “because it has nothing to do with education.”

“The CRCT really boils down to money,” Finney continued. “They use the test scores to ensure Adequate Yearly Progress (AYP) for government funding. The CRCT is really for government funding.”

Finney said he and his wife oppose the notion of using five days of testing as a “single snapshot of the entire year.”

“If kids score low on the CRCT, potentially they are placed in lower functioning classes,” Finney said.

“On Monday morning, we wrote a letter to our principal, forwarded to the other district administrators and teachers,” he continued. “We said that we refuse to allow our kids to take this test, and that we wanted them to be provided with other things to do during the test period, so that they were not going to ‘sit and stare.’”

Finney said, however, that he received an email from the assistant superintendent of the district, “telling me he reviewed my letter and that I’m not allowed to opt my children out or refuse testing.”

Finney provided a copy of the letter from Dr. Dayton F. Hibbs, associate superintendent, which reads:

The District must deny your request that your students be exempt from participation in the CRCT or other standardized testing as well as reporting and recording of such scores. Federal and state law mandate the administration of these assessments. It is important for you to understand the potential consequences of electing not to participate in such nationally and state- required assessments. These may include but not be limited to effects on students’ on-time graduation, promotion to next grade level, placement and final subject grades. Please refer to Georgia Department of Education Rule 160-4-2-.11, as related to promotion of students in the third and fifth grades. A copy has been attached for your reference.

You also shared concerns regarding the fifth grade field trip. Fifth grade students that are absent any day during the regular testing window will not be permitted to attend the trip. This is not a punishment, but based upon necessity as the trip is scheduled to begin the day after CRCT testing is complete. Therefore, any necessary makeup testing is likely to conflict with the field trip dates.

“This communication is to inform you that our children… will not be participating in any state or federal standardized test for the remainder of the current school year,” Finney and his wife wrote back. They continued:

We do not want them taking any portion of the CRCT, or any other standardized test (ITBS, MAP, etc.), without our implicit, written permission. In addition to that, neither of our children will be forced, questioned, pressured, or coerced by any teacher or school administrator about our decision to refuse their participation in the CRCT testing, or their rights related to State Standardized Testing without the presence of at least one of their parents.

Furthermore, we ask that no record of these types of tests be part of our children’s permanent file or record, as we do not wish our children to participate in standardized achievement testing for promotion, school ratings (AYP Scoring), or teacher KEYS scores. This includes the recording of data related to our children in, or on, any SLDS database(s).

We are requesting that our children be allowed to complete alternative learning activities at school in lieu of the test, i.e.: read quietly in the library or other non-testing classroom, complete class work, or use the computer lab for work on approved learning websites such as Spelling City. The educational materials that our children complete during the testing times may be collected by a teacher and processed for grades and/or promotional considerations.

To be clear, our children must not be forced to sit in the testing rooms during these times to “sit and stare” as this, in our opinion, is tantamount to solitary confinement.

Finney said the school’s principal, Dr. Karen Smits, agreed to meet with him and his wife early Wednesday morning about their decision to opt their children out of the testing. However, when the parents approached the school for the meeting with Smits, Finney said a police officer walked out of Smits’ office and came over to meet them, informing them that they were considered to be “potentially trespassing” on school property because they were in opposition to the normal school process.

“We have been parents in the school district for 13 years,” said Finney, describing his surprise at the situation of being met by a police officer at the school door, “and now we were trespassing?”

According to Finney, he had a cordial conversation with the police officer, who then arranged for the meeting with Smits. Smits told the parents they would need to bring their children into school after the testing is over but that they would still need to take the test.

“Later on that morning, we then received an email from Dr. Smits telling us our kids would be tested through the make-up test procedure when they came to school later on,” Finney said.

He added that he replied to Smits’ email, stating he and his wife were still in opposition and that his children would not be taking the test, and that they would not be attending school that day.

“Dr. Smits then called us, and we told her, ‘Look, we love this school, and we love you as the principal,’ and that this is not against her personally or the school, but we believe it’s the system that is forcing them to act this way.”

Finney said Smits told him the school district is working on a solution to the problem that will work for the children. However, he told Breitbart News, “I told my kids that if I send you to school tomorrow and they give you a test, refuse it, and call me.”

Breitbart News attempted to contact Smits’ office but received no response.

On Wednesday evening, Finney forwarded to Breitbart News the following email from Hibbs:

Mr. & Mrs. Finney,

MCS has been working very hard to resolve this issue.

If you decide to bring your children to school after the morning testing schedule, they will be welcomed into the school. While we must offer students that miss any sections of the CRCT opportunities to retest, we will consider your recent communications as a documented refusal and your children will resume a regular academic schedule along with their peers that participated in testing earlier in the day.  You were made aware of the potential outcomes of non-participation in state testing in a recent letter you received from my office.

Dr. Smits will work with you to make appropriate arrangements for the upcoming 5th grade field trip.

Sincerely,

Dayton Hibbs

Associate Superintendent

“This has made us very happy,” Finney said. “We will be discussing my daughter’s trip with the fifth grade when we walk them into school to sign them in. In speaking to the principal tonight, I am decently confident that she will be allowed to go.”

Finney said he and his wife continue to be concerned about the Common Core issues his children face in addition to these more immediate concerns about the state tests, and they will be addressing these as well.

Meg Norris, an organizer of United Opt-Out Georgia, told Breitbart News she is “shocked” at how the mandates to test children are being enforced in Georgia.

“It’s happening in schools all over Georgia,” Norris said. “Even children who are autistic must be tested.”

“Because of federal mandates, they are putting children through this,” she continued. “One child missed the first day of testing and the entire class was refused ice cream, leading to that child being bullied by his classmates.”

Norris explained that this year is the final year Georgia’s CRCT is to be used. Next year, the test is to be replaced by the Common Core-aligned PARCC assessment.

“They say the CRCT was aligned with Common Core,” she added, “but I don’t see any evidence of that. As far as I can tell they’re teaching using the Common Core standards, but using the old CRCT to test the children.”

Norris, a former teacher, said she taught the Common Core standards for 18 months and could see what it was doing to her students. She added that Common Core has become a major issue in the elections this year.

“I just won’t vote for any politician who supports the Common Core standards,” she said.

 

Source: BreitBart

Free Speech Zone: Government Kills First Amendment in Nevada Builds Cage for Protestors

Back in 2012 we reported on a bill signed by President Obama, H.R. 347, which gave the federal government the ability to ignore the constitution, suspend free speech, and setup so-called FREE SPEECH ZONES. While most Americans completely ignored what was going on, choosing instead to focus on what celebrity was sleeping with whom this week, the feds moved to use their newly found power to kill your right to petition the government and your right to assemble.

Since 2012, the feds have used this legislation to set up “Free Speech Zones” during a number of high-profile events including President Obama’s inauguration. Anyone caught trying to exercise their first amendment rights outside of these so-called free speech zones could be arrested and face felony charges – punishable by up to a year in jail.

In the latest abuse of power, which again has gone completely unnoticed and unreported by the mainstream media, the Federal government has suspended free speech near Bunkerville, Nevada to hide their illegal actions as they raid a local ranchers land.

firstamendmentarea
A Federal Government Sign shows the cage where they are allowing people to exercise their first amendment rights near Bunkerville, Nevada.

Yesterday, we reported on the story of Cliven Bundy, a local Nevada Rancher whose land is now surrounded by government snipers because he refused to pay the BLM fees to use his own land. As a result of the standoff, some local Nevadans started to make their way towards the Bundy ranch to support Bundy and make their voices heard. Unfortunately, that became impossible as the Federal Government blocked access to the Gold Butte area near Bunkerville.

blmraid

Even more appalling, is the fact that they suspended free speech in the area, and actually fenced off an area miles away from town that they called a “FIRST AMENDMENT ZONE.” Yes, you heard that right. Your government actually suspended free speech and then penned off an area where they intended to corral American Citizens who wanted to exercise their first amendment rights.

I want you to take a good look at this picture again. Notice that they have these signs printed and ready to go. This is not a onetime deal; this government has declared the Constitution dead and has replaced your First Amendment rights with a Free Speech Cage. At any time and in any place they can declare your rights to be invalid, and nobody seems to care.

Source: Off Grid Survival