Chehalis PD OC stop

[madicarus]

No less than 4 federal circuit courts including the 9th have ruled that police specifically can be audio and video recorded without consent as they are public servants exercising public duties.

long time lurker first time poster and this is the straw. I dont oc, except on hikes, but cc and fully support oc'ers. I chuckled at the video where the second officer said the oc'er was opening himself up to liability on recording and the first officer said the other one was "a lot more versed" in that area of the law than he was.

I'm not an attorney but versed enough to know in Washington there are at least 3 controlling cases that state the WA privacy act does not apply to public officers acting in their official capacity. State v Flora, (div I, 1992) citizen-police conversation during arrest of citizen in his front driveway held not "private" under communications privacy law. Alford v Haner (9th Cir, 2003), WA officers should have known that citizen can secretly tape record Terry stop conversation. Johnson v City of Sequim (9th Cir, 2004), arrest of citizen for recording police radio communications without consent while citizen was conversing with officer in a public place was an unlawful arrest because such communications are not "private" under RCW 9.73 and no qualified immunity because officer should have known the "well established law".

So neither officer was well versed in what the courts covering Washington have said was "well established law".

 

[Jeff Hayes]

Please do not allow this to end here. You talked too much to them, use this as a learning experience. At a minimum the City needs to train its officers so that this does not happen again. You did not protest this is going to be considered a consensual contact.

 

[Freedom1Man]

Dude I love you man but you screwed up by the numbers.
"why am I being detained"
"am I free to leave"
those should have been about the only things coming out of your mouth
chan V seattle, tell him to look it up state pre-emption
Tery v Ohio absent RAS of a crime I do not have to present id, your city code is repealed and void under state law.
No less than 4 federal circuit courts including the 9th have ruled that police specifically can be audio and video recorded without consent as they are public servants exercising public duties.

This video makes me furious, id be on the phone already talking to.rapgood about filing a formal.complaint


The SCOTUS has ruled you have no right to.privacy in a public setting

He's not taking cases anymore.

 

[sudden valley gunner]

long time lurker first time poster and this is the straw. I dont oc, except on hikes, but cc and fully support oc'ers. I chuckled at the video where the second officer said the oc'er was opening himself up to liability on recording and the first officer said the other one was "a lot more versed" in that area of the law than he was.

I'm not an attorney but versed enough to know in Washington there are at least 3 controlling cases that state the WA privacy act does not apply to public officers acting in their official capacity. State v Flora, (div I, 1992) citizen-police conversation during arrest of citizen in his front driveway held not "private" under communications privacy law. Alford v Haner (9th Cir, 2003), WA officers should have known that citizen can secretly tape record Terry stop conversation. Johnson v City of Sequim (9th Cir, 2004), arrest of citizen for recording police radio communications without consent while citizen was conversing with officer in a public place was an unlawful arrest because such communications are not "private" under RCW 9.73 and no qualified immunity because officer should have known the "well established law".

So neither officer was well versed in what the courts covering Washington have said was "well established law".

Welcome to the forum and great first post! Especially when it names some of my favorite cases....

 

[davidmcbeth]

Or they received my FOIA request that I sent that morning.

You do know that internet browser histories are public records, right?

 

[Difdi]

and that city code trumps state preemption!

If a city can disregard state preemption and opt out of the law just by saying they can, then it would naturally follow that a neighborhood or even a single household could likewise opt out of city ordinances.

 

[Difdi]

Remove the videos, contact an attorney.

I've always wondered...why does filing a lawsuit strip you of first amendment rights?

 

[BB62]

I've always wondered...why does filing a lawsuit strip you of first amendment rights?

It doesn't - but why give the other side your evidence, and the insightful commentary of enlightened people, to enlighten and possibly lead the other side in a direction disadvantageous to you?

 

[PeacefulstreetsLC]

Good afternoon!

Good afternoon all, new member.

I'll ask your indulgence if I ramble. I've a sinus headache, and tend toward the verbose. I don't currently carry, open or CC, however I do fully support both. After my own run in with the poorly trained locals, I started Lewis County's chapter of the Peaceful Streets Project; a grass roots movement seeking police accountability.

The precedents previously mentioned, including numerous supreme court rulings have clearly upheld the people's right to record police (and other government officials) for years. I find it incredulous that these two LEOs are unaware. And it can be argued that these LEOs did know, and were lying about "well established law" which falls outside the bounds an officer normally operates under lying to suspects. They cannot lie to you in order to deprive you of your rights. That's a title 42 violation. I also laughed when the 2nd officer, "better versed" spewed the same tired drivel. Sharp v. Baltimore, Graber v. Maryland, and Glik v. Mass are just a few that clearly re-affirmed the public's right to record.

In the words of Judge Emory A. Pitt of Maryland: (ACLU v. Alvarez)

Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in a public fora, we should not expect our actions to be shielded from public observation. Sed quis custodiet ipsos custodies? (Who watches the watchmen?)

I'm not as well versed on law surrounding OC, but Debury v. US is a good case to cite in opposition of these LEO's actions. 'a firearm, where legally carried, cannot be the only suspicion for a stop.' There clearly was no RAS, they wanted to ID you, run your firearm's serial, and document for their files. WTH knows what they're doing with that data.

I would agree with suggestions to make your videos private. I have downloaded for review, but will not mirror. I do hope you have better luck finding representation than I did, it's difficult finding attorneys in WA willing to take on this kind of case. When I asked my own council for a recommendation, the reply was "Find someone who isn't local."

If you're interested, I can put you in contact with a local Pro Se law group that can help you discuss options. They may also have contacts. And if you haven't filed FOIA requests (Public Records Act in WA) I have blanks I can send.

Two points I would emphasize: Understand that you now have a target on your back. Everytime you forget to put on your blinker, expect Chehalis PD to be there. With that understanding, you need to become well versed in how to assert your rights when confronted by police. Look up "Don't talk to police" on Youtube. FlexYourRights.org also has a lot of good material. Watch encounters that went well, and those that didn't, so that you can learn from other's mistakes.

For OC encounters, this guy is one of my favorite examples:
http://youtu.be/jfdEbe7e9GE

Contact me here or at
https://www.facebook.com/peacefulstreets.lewiscounty

 

[sudden valley gunner]

Good afternoon all, new member.

I'll ask your indulgence if I ramble. I've a sinus headache, and tend toward the verbose. I don't currently carry, open or CC, however I do fully support both. After my own run in with the poorly trained locals, I started Lewis County's chapter of the Peaceful Streets Project; a grass roots movement seeking police accountability.

The precedents previously mentioned, including numerous supreme court rulings have clearly upheld the people's right to record police (and other government officials) for years. I find it incredulous that these two LEOs are unaware. And it can be argued that these LEOs did know, and were lying about "well established law" which falls outside the bounds an officer normally operates under lying to suspects. They cannot lie to you in order to deprive you of your rights. That's a title 42 violation. I also laughed when the 2nd officer, "better versed" spewed the same tired drivel. Sharp v. Baltimore, Graber v. Maryland, and Glik v. Mass are just a few that clearly re-affirmed the public's right to record.

In the words of Judge Emory A. Pitt of Maryland: (ACLU v. Alvarez)

Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in a public fora, we should not expect our actions to be shielded from public observation. Sed quis custodiet ipsos custodies? (Who watches the watchmen?)

I'm not as well versed on law surrounding OC, but Debury v. US is a good case to cite in opposition of these LEO's actions. 'a firearm, where legally carried, cannot be the only suspicion for a stop.' There clearly was no RAS, they wanted to ID you, run your firearm's serial, and document for their files. WTH knows what they're doing with that data.

I would agree with suggestions to make your videos private. I have downloaded for review, but will not mirror. I do hope you have better luck finding representation than I did, it's difficult finding attorneys in WA willing to take on this kind of case. When I asked my own council for a recommendation, the reply was "Find someone who isn't local."

If you're interested, I can put you in contact with a local Pro Se law group that can help you discuss options. They may also have contacts. And if you haven't filed FOIA requests (Public Records Act in WA) I have blanks I can send.

Two points I would emphasize: Understand that you now have a target on your back. Everytime you forget to put on your blinker, expect Chehalis PD to be there. With that understanding, you need to become well versed in how to assert your rights when confronted by police. Look up "Don't talk to police" on Youtube. FlexYourRights.org also has a lot of good material. Watch encounters that went well, and those that didn't, so that you can learn from other's mistakes.

For OC encounters, this guy is one of my favorite examples:
http://youtu.be/jfdEbe7e9GE

Contact me here or at
https://www.facebook.com/peacefulstreets.lewiscounty

Thank you sir for your efforts. The police are the street warriors against liberty for the state!

 

[countryclubjoe]

Good afternoon all, new member.

I'll ask your indulgence if I ramble. I've a sinus headache, and tend toward the verbose. I don't currently carry, open or CC, however I do fully support both. After my own run in with the poorly trained locals, I started Lewis County's chapter of the Peaceful Streets Project; a grass roots movement seeking police accountability.

The precedents previously mentioned, including numerous supreme court rulings have clearly upheld the people's right to record police (and other government officials) for years. I find it incredulous that these two LEOs are unaware. And it can be argued that these LEOs did know, and were lying about "well established law" which falls outside the bounds an officer normally operates under lying to suspects. They cannot lie to you in order to deprive you of your rights. That's a title 42 violation. I also laughed when the 2nd officer, "better versed" spewed the same tired drivel. Sharp v. Baltimore, Graber v. Maryland, and Glik v. Mass are just a few that clearly re-affirmed the public's right to record.

In the words of Judge Emory A. Pitt of Maryland: (ACLU v. Alvarez)

Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in a public fora, we should not expect our actions to be shielded from public observation. Sed quis custodiet ipsos custodies? (Who watches the watchmen?)

I'm not as well versed on law surrounding OC, but Debury v. US is a good case to cite in opposition of these LEO's actions. 'a firearm, where legally carried, cannot be the only suspicion for a stop.' There clearly was no RAS, they wanted to ID you, run your firearm's serial, and document for their files. WTH knows what they're doing with that data.

I would agree with suggestions to make your videos private. I have downloaded for review, but will not mirror. I do hope you have better luck finding representation than I did, it's difficult finding attorneys in WA willing to take on this kind of case. When I asked my own council for a recommendation, the reply was "Find someone who isn't local."

If you're interested, I can put you in contact with a local Pro Se law group that can help you discuss options. They may also have contacts. And if you haven't filed FOIA requests (Public Records Act in WA) I have blanks I can send.

Two points I would emphasize: Understand that you now have a target on your back. Everytime you forget to put on your blinker, expect Chehalis PD to be there. With that understanding, you need to become well versed in how to assert your rights when confronted by police. Look up "Don't talk to police" on Youtube. FlexYourRights.org also has a lot of good material. Watch encounters that went well, and those that didn't, so that you can learn from other's mistakes.

For OC encounters, this guy is one of my favorite examples:
http://youtu.be/jfdEbe7e9GE

Contact me here or at
https://www.facebook.com/peacefulstreets.lewiscounty

Welcome to OCDO. A great first post.
Regards.
CCJ

 

[MSG Laigaie]

... have a picnic. They are having one up in Bellingham, and my passport has expired, so we need a a south end one. ........

Passports are no longer required to visit bellingham, the City of Subdued Excitement. .......and what is wrong in attending our picnic in addition to having one there,eh?

long time lurker first time poster.

welcome to OCDO.

Originally Posted by PeacefulstreetsLC View Post
Good afternoon all, new member.

And a good welcome to you too,mate.

 

[Munkey Butt]

PeacefullstreetsLC I would appreciate blank copies of the FOIA forms, as well as how to file for it.

On another note, what should I include in my complaint, How should I attach video as well? If somebody has a sample that would be great.

 

[slapmonkay]

PeacefullstreetsLC I would appreciate blank copies of the FOIA forms, as well as how to file for it.

Here is an example, in fact its the one for this incident. http://1drv.ms/1p747Wq [SkyDrive]

 

[Munkey Butt]

Here is an example, in fact its the one for this incident. http://1drv.ms/1p747Wq [SkyDrive]

Wanna send me a copy of what they sent you?

 

[slapmonkay]

Wanna send me a copy of what they sent you?

Nothing yet. I'll let you know and send you a copy if you want.

 

[Munkey Butt]

Nothing yet. I'll let you know and send you a copy if you want.

That would be awesome. Also, are they required to send a copy?

 

[Munkey Butt]

Nothing yet. I'll let you know and send you a copy if you want.

That would be awesome. Also, are they required to send a copy?

 

[slapmonkay]

I have just received from Chehalis Police Department the incident report and handwritten notes for this. I am still pending on the 911 logs, phone calls, etc from the Lewis County Communications department.

PM is coming your way Munkey Butt.

Case Number: 14B2570

 

[Grim_Night]

I have just received from Chehalis Police Department the incident report and handwritten notes for this. I am still pending on the 911 logs, phone calls, etc from the Lewis County Communications department.

PM is coming your way Munkey Butt.

I'd love to see what these "records" entail too.