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Posted: 8/6/2004 12:09:54 PM EST
Link Posted: 8/7/2004 4:53:26 PM EST
I go down to Pier Ave to party at the bars, but I never had any problems with the PD.....CHP officers pulling me over for BS reasons is a different story
Link Posted: 8/9/2004 4:06:36 PM EST
If he believes his rights were violated in some way he should file a formal complaint. however, keep in mind that the cop probubly has everything on video and audio, and being rude is not a violation of your rights.
Link Posted: 8/9/2004 4:10:58 PM EST

Originally Posted By AR15fan:
If he believes his rights were violated in some way he should file a formal complaint. however, keep in mind that the cop probubly has everything on video and audio, and being rude is not a violation of your rights.



Enough complaints about him being rude and he'll land in hot water. At least around here the Deputies are very polite. If they are not, the Sherriff will see to it that that changes.
Link Posted: 8/9/2004 4:24:41 PM EST
[Last Edit: 8/9/2004 4:26:54 PM EST by Wolfpack]
Link Posted: 8/9/2004 4:35:33 PM EST
[Last Edit: 8/9/2004 4:37:19 PM EST by AR15fan]

Originally Posted By Wolfpack:
....his wrists have bruises from the cuffs and he has a broken blood vessel in his eye. His big charge was public intoxication.....



CPC 647f-Drunk in public.

First off, a lawfull arrest is a lawfull arrest, it doesnt matter if its for drunk in public or bank robbery. Every arrest should be prossessed the same, in the manner proscribed by law.


Is you friend claiming the cop socked him in the eye without reason (assault under the color of athority) then put the cuffs on too tight (torture)? Is there any other way those "injuries" could happen? Your friend may have been so drunk he did not realize he was putting his body weight on the handcuffs (the best way to sit in the back seat of a police car is leaning forward and turned slightly to one side) or he passed out on them. Did he hurt his eye falling down because he was drunk? The only time I ever broke a blood vessel in my eye was from free diving too deep. But some people, with high blood pressure, do it bending over to tie thier shoes.
Link Posted: 8/9/2004 6:34:26 PM EST
[Last Edit: 8/9/2004 6:35:04 PM EST by Wolfpack]
Link Posted: 8/10/2004 10:37:31 AM EST
[Last Edit: 8/10/2004 10:42:34 AM EST by AR15fan]

Originally Posted By Wolfpack:
AR15Fan I know your a LEO and like I said a LEO's job isn't easy BUT it has to be done with a certain respect towards the citizens who pay the taxes that gives them a job. To serve and protect right? My friend was not falling down drunk...



Tell your friend the elements of the crime for CPC 647f are rather simple. "Unable to care for himself" Examples would be a drunkard who staggers into traffic. Trips and falls in a parking lot. Lies down in a parking lot where he might get run over. decided to take a little nappy in gang land. goes for a walk on the freeway. It's way past simple intoxication. Since everyones tolerrance for alcohol is different, you cant really put a BAC level on it. I have seen people that were only a .16% BAC who were 647f. I know alcoholic hobos who are not 647f even if they blow a .31% BAC.

Did the PD send the case to the DA for prosecution, or are they one of those agencies that 835 (un arrest) someone after they sober up with no additional action?

BTW:
"Protect and serve" was/is a slogan, I dont even know what agency it belongs to. But it doesnt apply to every LE agency any more than "An Army of one" applies to the post office or coast guard. My agency has an informal slogan, "Come on vacation, leave on probation."

You used the term "citizens" above. The majority of the people i contact are not citizens. The few that are, are not civilians. I work almost exclusively with illegal immigrants and Marines.
Link Posted: 8/10/2004 11:50:31 AM EST
Link Posted: 8/10/2004 1:26:21 PM EST

Originally Posted By Wolfpack:
On a side note, I was pretty happy when that drunk totalled your truck...just thought I'd tell you.



I'm pretty happy about it now too. His insurance company paid me about three times what it was worth, and his drunk ass went to jail. I win, the neighborhood wins, but 21rst century customers get screwed though.

If you friend really believes his civil rights were violated, he should file a complaint. But it sounds like its more a case of his feelings getting hurt than a violation of civil rights. Most complaints are based upon "feelings" rather than the law.
Link Posted: 8/10/2004 1:34:31 PM EST
Link Posted: 8/10/2004 5:04:12 PM EST

Originally Posted By AR15fan:

Originally Posted By Wolfpack:
AR15Fan I know your a LEO and like I said a LEO's job isn't easy BUT it has to be done with a certain respect towards the citizens who pay the taxes that gives them a job. To serve and protect right? My friend was not falling down drunk...



Tell your friend the elements of the crime for CPC 647f are rather simple. "Unable to care for himself" Examples would be a drunkard who staggers into traffic. Trips and falls in a parking lot. Lies down in a parking lot where he might get run over. decided to take a little nappy in gang land. goes for a walk on the freeway. It's way past simple intoxication. Since everyones tolerrance for alcohol is different, you cant really put a BAC level on it. I have seen people that were only a .16% BAC who were 647f. I know alcoholic hobos who are not 647f even if they blow a .31% BAC.

Did the PD send the case to the DA for prosecution, or are they one of those agencies that 835 (un arrest) someone after they sober up with no additional action?

.


You definitely do not need to be "unable to care for oneself" for a cop to arrest you for drunk in public. All it takes is a cop in a bad mood and the fact that you've been drinking. This isn't a knock against cops but this has happened to me and several people I know.
Link Posted: 8/10/2004 5:31:09 PM EST

Originally Posted By SC_00_05:
You definitely do not need to be "unable to care for oneself" for a cop to arrest you for drunk in public.



I'm just saying that is whats needed for it to be a lawful arrest. In a nutshell, the elements of the crime for CPC 647f is "unable to care for himself." Only the people who were there know to what extent the suspect was intoxicated.

Hopefully there is video & audio evidence which will show the real story.
Link Posted: 8/10/2004 5:36:17 PM EST

Originally Posted By Wolfpack:

Originally Posted By AR15fan:


If you friend really believes his civil rights were violated, he should file a complaint. But it sounds like its more a case of his feelings getting hurt than a violation of civil rights. Most complaints are based upon "feelings" rather than the law.



Funny how you can pull that out of your ass when I haven't posted all but a couple of facts...



You're the one who used the term "unfairly."

you did not say his rights were violated. you didnt say he was assaulted. you implied he was treated "unfairly." That leads a me to believe the complaint is based more on hurt feelings than a violation of law/civil rights. Additionally, my 11 years of experiance have shown me that the majority of complaints against police officers are based on hurt feelings alone. such as; "the officer was rude to me" "the officer was disrepectfull to me" "the officer was mean to me" "What the cop did wasnt fair, everyone was doing it." IA gets 100 of those for every one "the cops beat my ass" complaint.
Link Posted: 8/10/2004 5:44:24 PM EST
"decided to take a little nappy in gang land".

Thats a good one!!

Wolf
Link Posted: 8/10/2004 5:45:50 PM EST
Link Posted: 8/10/2004 6:25:18 PM EST
Link Posted: 8/10/2004 6:52:25 PM EST
He got an invitation from the Chief to file a complaint. Either he puts up or shuts up, getting a buddy to do his whining for him doesn't cut it.

You sure he wasn't roughed up before that?

What happened that brought him to the attention of the PD. I'm sure he was just standing there watching the sunset when out of the blue the nassty police officer decided to take him into custody, give him a poke in the eye and put the cuffs on too tight After all it isn't like Hermosa Beach isn't the kind of place that likes to drive off people that spend money there.

By the way, you need to remind him that the world isn't fair. Are you sure he isn't a closet liberal? "It isn't fair" is a classic liberal whine.
Link Posted: 8/10/2004 6:58:58 PM EST
Link Posted: 8/10/2004 7:17:35 PM EST
WP,
The fact of the matter is you havent posted much information. What you did do was toss out the "unfair" card. Most of us are old enough to know that the world is not a "fair" place, so we dont have much sympothy for someone who is complaining about "unfair" treatment, absent of other details. Your friend might be the greatist guy in the world and the cop may be the biggest dick in the world. But dont expect anyone to get too worked up over Unfair.

Iv'e offered my suggestion, file a compliant. I've even expalined to you what your friend needs to know about CPC 647f to present an intelligent case. Since you used the term "unfair" he should also study California Penal code section 4. It's the section of law that gives the individual officer the discretion to either arrest, or not arrest for most violations. Yes, under California law, if i see two people commiting the same crime i can arrest one and warn the other. Its "unfair" just like the real world. But its also lawfull.
HTH
Link Posted: 8/10/2004 7:40:53 PM EST
Link Posted: 8/11/2004 4:43:40 AM EST
Link Posted: 8/11/2004 5:24:09 AM EST
[Last Edit: 8/11/2004 5:29:08 AM EST by wildearp]
If he was drunk, his perception and recollection of the events is probably skewed. Having direct connections to the persons who deal with complaints, if this isn't a real and repeated situation, you will be made an ass by making an unsubstantiated claim. What do you hope to gain? If they have you on tape and video, and you mislead or exaggerate in your claim, you may be arrested for false reporting.

Sounds like some panzy injuries. Drunk, stupid. Suck it up and call it a learning experience.

And this post is relevant, because I have seen how many drunks act when they are arrested. Tensing your arms while being cuffed will make the officer think you are trying to resist or flee. Stiffening your back while you are being searched for weapons will make the officer think the same and you will get a face plant on the wall or patrol car hood. Does any of this sound familiar?
Link Posted: 8/11/2004 11:11:43 AM EST
I'm not the one whining and complaining about a drunk friend. You both need to suck it up. shit or get off the pot. Your the one "It wasn't fair" maybe you're the closet liberal. Call names and whine, yep sounds like it.

Has he filed a formal complaint yet ? or are you waiting to see what sympathy and support you get here first. It appears you are going to wait a long time. If something more happened tell us, if it didn't and we are reading it right guess who the complete idiot is?
Link Posted: 8/11/2004 11:26:18 AM EST
What jurisdiction is ar15fan in?

I just want to know so I can avoid that part of the state.
Link Posted: 8/11/2004 11:40:40 AM EST
My God people! He just asked a simple question! He already stated that he's not anti-LEO and that he doesn't have all the facts yet. Why is everyone jumping on him like white on rice?
Link Posted: 8/11/2004 11:50:09 AM EST
Key words: Drunk or drinking. In public. Law enforcement contact. If someone got themself cuffed, they were either breaking the law, being an ass, or both. Fairly cut and dry. If not, file your complaint and don't hang out your laundry on the AR-15 board. It isn't like the cops confiscated your AR-15s or something.


Drunks lose fights. Sounds like what happened here.
Link Posted: 8/11/2004 12:05:29 PM EST
Public intox. is a catch-all law that can be used indiscrimanately. If you have partaken in the spirits on any level it allows the subject to be arrested. They don't have to be "drunk". Again, armchairers not knowing the facts. I don't think he's airing laundry, he simply asked a question!
Link Posted: 8/11/2004 1:14:59 PM EST
[Last Edit: 8/11/2004 1:17:19 PM EST by AR15fan]

Originally Posted By TeuffelHunden1775:
Public intox. is a catch-all law that can be used indiscrimanately. If you have partaken in the spirits on any level it allows the subject to be arrested.



Since this occured in California CPC 647f is the law that applies. It's usually referred to as "drunk in public" and falls under a long list of disorderly conduct type crimes like prostitution, peeping while prowling, and public sex acts. The elements of the crime for 647f are under the influence of drugs, or alcohol, to the point of being unable to care for yourself.

The other relevent sections of law would be CPC 372 Maintain a public nuisance. The elements of that one are offensive to the senses AND Obstructs the free use or enjoyment of property by a neighborhood or community An example would be a drunk who shit his pants then passed out of the sidewalk. Be would be both 647f and 372.
-

MB may also have municiple codes, prosecuted by the citty attorny, dealing with consuming alcohol in public or possession of open container in public.
Link Posted: 8/17/2004 12:33:59 PM EST

Originally Posted By AR15fan:

Originally Posted By Wolfpack:
AR15Fan I know your a LEO and like I said a LEO's job isn't easy BUT it has to be done with a certain respect towards the citizens who pay the taxes that gives them a job. To serve and protect right? My friend was not falling down drunk...



Tell your friend the elements of the crime for CPC 647f are rather simple. "Unable to care for himself" Examples would be a drunkard who staggers into traffic. Trips and falls in a parking lot. Lies down in a parking lot where he might get run over. decided to take a little nappy in gang land. goes for a walk on the freeway. It's way past simple intoxication. Since everyones tolerrance for alcohol is different, you cant really put a BAC level on it. I have seen people that were only a .16% BAC who were 647f. I know alcoholic hobos who are not 647f even if they blow a .31% BAC.

Did the PD send the case to the DA for prosecution, or are they one of those agencies that 835 (un arrest) someone after they sober up with no additional action?

BTW:
"Protect and serve" was/is a slogan, I dont even know what agency it belongs to. But it doesnt apply to every LE agency any more than "An Army of one" applies to the post office or coast guard. My agency has an informal slogan, "Come on vacation, leave on probation."

You used the term "citizens" above. The majority of the people i contact are not citizens. The few that are, are not civilians. I work almost exclusively with illegal immigrants and Marines.



AR15Fan are you from Kern County? I knew I liked you.
Link Posted: 8/18/2004 1:05:52 AM EST
Illegal immigrants and Marines, I'd bet it was around northern San Diego County.
Link Posted: 8/19/2004 8:15:31 PM EST
Wow This is interesting, usually there are cop bashing threads, this one is a poster bashing thread because it alludes to possible wrongdoing by a LEO.


Can't help Wolfpack but I am interested in the outcome.
Link Posted: 8/19/2004 10:51:40 PM EST
No.

By the way, did the local paper, The Easy Reader, ever publish the letter or follow up by investigating for a possible story?
Link Posted: 8/20/2004 11:51:58 AM EST
Link Posted: 8/22/2004 2:35:02 AM EST
Bingo, that's what we wanted to see, proper follow-up in the proper place.

Cities, Taxpayers, Departments and fellow LEOs should never tolerate or accept bad cops. If they are wrong they should answer appropriately.
Link Posted: 8/22/2004 3:59:16 AM EST

Originally Posted By PaDanby:
Bingo, that's what we wanted to see, proper follow-up in the proper place.

Cities, Taxpayers, Departments and fellow LEOs should never tolerate or accept bad cops.



Everyone will agree with that. You just wont get two people to agree on the definition of "bad."
Link Posted: 8/22/2004 5:03:14 AM EST
All I need to know is if his dog is okay.
Link Posted: 8/22/2004 10:24:35 AM EST
If your friend wasnt shit faced then he should get a lawyer. If he was written for a 647f he would "techncally" need to be pretty drunk. If he could talk and cary a conversation, answer questions, walk, stand, and wasnt doing something REALLY stupid the DA wouldnt have much of a case IMHO.

Ive been to some college towns where there is a lot of partying going on in neighborhoods. Anyways there are some drunk asses out and I have seen them be tackled from behind by the cops and thrown in the drunk tank. All of which I dont mind because they were doing stupid shit. However I had an aquaintence of mine arreseted and cited for a 647f, He was a minor at the time witch would have suspended his Drivers liscense. HIs parents got him a lawyer and in about 5 miniutes at his court trial it was dissmissed. He wasnt drunk or anything, what got him the trouble was he was being an asshole with the cops...



Link Posted: 8/24/2004 12:54:02 AM EST
An issue which has not been discussed is whether or not charges are pending? Suspicious.....
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