Friday, February 13, 2015

The Law Can Lie To Justify An Arrest!

About 85% of motorist pull overs involve a minor infraction. About a majority of police vehicle searches happen when an officer observes a possible "criminal act". The officer can make up stuff to do a probable cause search.

About seven weeks into the new year, and I want this be over.

I lost my well paying job at a racino. I lost my opportunity to work at a distribution center that opened up in the region. I was dating a woman for eight months. The woman was pregnant with another man's child and kept it a secret because she didn't want to be a single parent. She lost her child due to still birth. She lied to me and brush me off during the last four weeks before she gave birth.

To make matters worse, I was pulled over by a county sheriff's deputy and issue a ticket for a traffic violation for turn signal.

We'll get to the sheriff story in a moment.

I want you to know that everyone has a bad day. And I am one to testify to it. Everyday, I wake up thinking it's never getting better. I long for the perfect job, the perfect car, the perfect relationship.

None of this happened. I've been challenged with shortcomings and misfortunes. Nonetheless, I will grind me teeth and keep the motor running. Cause every dog has his day, to quote Al Pacino's character Tony Montana.

So as I continue to bring my A-game to Journal de la Reyna, I want you to understand that no one is perfect. I damn well know that I have flaws. I am a human being first, every other adjective and noun last.

I want to share these experiences with you. I am always happy to give my take on issues facing my community, the government and the junk food media. It's a pleasure to do this.

As you know, I am very familiar with the situation with Blacks and the law.

Black males are often seen as violent by those in law enforcement and those in the junk food media.

That's a proven fact. The law often would bias a citizen of color because of an officer's judgement call. Take the situation with Michael Brown. The officer Darren Wilson could lie and mislead his way out of a criminal trial. The officer in the John Crawford shooting. The officer Sean Williams could lie and mislead his way out of a criminal trial. The officer in the Eric Garner stranglehold. Officer Daniel Pantaleo can lie and mislead his way out of a criminal trial. 

These men walked after killing unarmed individuals. 

Not all officers get away with murder. The officer involved in the shooting of Akai Gurley, Peter Liang is being held on involuntary manslaughter. He's a cop. But the difference between the ones who got off and Liang, is skin color. The three officers were white. Liang is Asian.

Everyone knows that getting a traffic citation sucks. Some believe that the cops are picking on you because you did everything right, but according to the officer, you done an infraction.

Did you know that cops can lie to make an arrest?

Yes. They can and will do so.

I was cited by a Montgomery County sheriff deputy for a turn signal violation. The deputy followed me for six blocks before he pulled me over.

I called my friend letting her know that I was getting groceries from the store and I am on my way over. The area is known for illegal drug activities and the woman has a minor criminal history.

I never used drugs and I can't speak for her history of being a drug user. I associate with her by helping her find jobs and food assistance.

I was leaving her home and was proceeding home.

A Montgomery County sheriff's deputy was sitting in a driveway at an apartment. As I passed the apartment the deputy followed me. I wore my seatbelt and was not under the influence of drugs and alcohol.

As I was coming close to my apartment I used my turn signal. As I turned the deputy activated his lights and pulled me over.

As he approached my vehicle, I had my wallet and cell phone in plain sight and my hands on the wheel.

He asked me where I was going and told me the reason for the stop. He claimed that I failed to signal at 100 feet. The deputy followed for six blocks before the pull over.
Ohio Sheriff Deputies usually hang in plain sight for traffic monitoring and illegal activity.
I offered my license and waited patiently. The deputy asked if I had "weed" or drugs in possession. I calmly said I am not a drug user. I also told the deputy I'm a concealed carry and the firearm was not in the vehicle.

Ten minutes passed and the deputy approach my vehicle. He asked if I was willing to have my vehicle searched. I told the deputy that I refuse a search because the deputy has no warrant or probable cause.

The deputy responded back that it will be a few moments. Another deputy and a Dayton officer with a K-9 came.

The deputy asked me to step out the vehicle. They done a frisk search and told me that the K-9 will do a search. Again I refused the search.

The deputy issued the citation first. The other deputy told that I was going to placed in the back of the cruiser while they do a search. The deputies informed me the K-9 detected a hit.

Again I informed the officer that I have no drugs inside my vehicle. I told the deputies that I did not consent to a search of my vehicle. 

The deputies and officer search the vehicle for ten minutes. After the search they let me proceed to my vehicle. I asked for his name and badge before I signed the citation. I briefly "small talked" with the deputy. The deputy said he knew me from a previous job he once worked.

I was let go and proceeded home. About 30 minutes was wasted during this ordeal. The deputy lied about me making a turn signal violation. He saw me leave an area that is known for drug activity.

Does that make me a criminal? No. 

Did he have probable cause to search my vehicle? No.

Does he have the right to mislead on his statements to issue a citation or an arrest? Yes.

Understand, I can be in any area within the United States. If it was a private community or an area where trespassing is not allow, then the officer would have a leg to stand on. He would cite a charge of trespassing or solicitation.

I know my rights as a motorist. 

I did not consent to a vehicle search.

Now I have to appear at the Vandalia Municipal Court to contest the charges.

Now here's the question and answer part for you!

  • Could the situation turn out different if I waive a right to a search of my vehicle?
  • Do you believe that the police have a right to search your vehicle if you refuse a search?
  • If I associate with people (or am a person) with a criminal history, does that perceive a bias in how officers stop motorists?

FBI director James Comey, a white guy said that racial bias exist between police and people of color.

Black and Latino men between the ages of 16 - 39 are often arrested for petty offensives. They are often shot first questioned last. 

Know your rights. Because I am determined to fight back against false detainment and illegal searches. 

I respect all those in law enforcement. Not all cops are bad. Not all cops are good, either.

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