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The American Civil Liberties Union, a nationwide group that advocates for privacy, free speech and other Constitutional rights, has launched a campaign to investigate the widespread militarization of American police forces, including the use of SWAT teams, drones, GPS tracking and use of Federal programs and agencies.

“We’ve known for a while now that American neighborhoods are increasingly being policed by cops armed with the weapons and tactics of war,” said Kara Dansky, senior counsel at the ACLU’s Center for Justice. “The aim of this investigation is to find out just how pervasive this is, and to what extent federal funding is incentivizing this trend.”

Peter Kraska, a criminologist at Eastern Kentucky University,  estimated in a recent Huffington Post article that the total number of SWAT (Special Weapons and Tactics) team raids in the United States has risen from just a few hundred per year in the ’70s, to  thousands by the early 80s, to around 50,000 annually by the mid-2000s. Kraska also found that after Los Angeles Police Chief Daryl Gates formed the first SWAT team in that city in the late ’60s, by 1995 nearly 90 percent of cities with 50,000 or more people had a SWAT team, including Chico.

According to the Chico Police Department’s website, “Before being chosen as a SWAT team member, candidates undergo a highly competitive selection process. If selected, the new team members are sent to a specialized 40 – hour school operated by the Federal Bureau of Investigation (FBI). ” Among the aspects of militarization the ACLU study seeks to ascertain is the level of federal involvement in local SWAT operations, including funneling of surplus military hardware and funneling. According to the Huffington Post, since 2001, the Department of Homeland Security has given out more than $34 billion in grants to local police departments, much of which has been used to fund SWAT teams and purchase military hardware for local police forces. 

“From all indications, I would think the DHS grants and increased federal funding could only speed up the militarization process,” said Kraska. “And now you have an entire industry that has sprung up just to take advantage of those grants — and to lobby to make sure they keep coming.”

[Source: Huffington Post / Chico.ca.us]

Categories : Blog, Chico, CA, Police

A Ventura teen’s family has filed a $10 million dollar claim against the City of Ventura for “severe emotional distress” suffered by the teen after she was allegedly sexually assaulted by Ventura Police Officer Ricky Payne, who committed suicide in 2011 after the department first began investigating the allegations.

The teen, whose identity is being withheld because of her age, alleges that she and Payne engaged in various sex acts from June to October 2011, and that the “City of Ventura and the Ventura Police Department knew or should have known of Defendant officer acts.” Officer Payne committed suicide in October 2011 while on duty. He was found in a relative’s yard with self-inflicted, fatal gunshot wounds. At the time of his death, the Ventura Police Department was preparing to investigate allegations against Payne. “We had received information as to some potential misconduct that Officer Payne was involved in … just hours prior to discovering his suicide,” Police Chief Ken Corney told the Ventura County Star.

Ron Bamieh, the attorney for the family, claims that Payne was tipped off about the questioning, which led to his suicide. Though Chief Corney declined to comment on specifics, he did tell the Ventura County Star that after Payne died, the Sheriff’s Office conducted an independent investigation that included interviews with a minor female and others in the department, but refused to disclose the findings of that investigation. 

The stepfather of the girl involved in the case is employed by the police department, which is how she met Payne, according to Bamieh. Payne’s father likewise worked for the police department, as a sergeant, which Bamieh cites as the cause for a lackadaisical approach by the department in investigating the allegations against Payne.

“It’s apparent they had no interest in dealing with the reality of what Officer Payne was doing,” Bamieh told the Ventura County Star. “And when that happens, there are consequences. And the consequences were this lady’s mental health.”

[Source: Ventura County Star]

Categories : Blog, Police

 

Interesting video from the CBS Morning Show of CBS news legal analyst Jack Ford discussing the case of Florida Highway Patrol officer Detrick McClellan who was charged in the death of a 51-year-old woman who was killed when McClellan, responding to a call about rocks being thrown from an overpass, rounded a corner at over 100 mph, without his emergency lights on. McClellan was issued three tickets in the incident, but when the officer who issued the ticket failed to show up in court, the charges against McClellan were dismissed. Other Florida Highway Patrol members present at the hearing were seen laughing and joking with the judge. Are police officers held to a different standard of justice than civilians?

Categories : Blog, Police

A week after former LAPD cop Christopher Dorner is believed to have begun a revenge-driven killing spree that has so far netted three victims, authorities are expected to announce a one million dollar reward for information leading to his arrest.

Dorner, a former LAPD officer and Navy veteran, has been the subject of a wide-ranging manhunt, stretching into the mountains east of Los Angeles, since February 3rd when he allegedly gunned down a couple in an Irvine parking garage. The woman, a college basketball coach, was the daughter of a retired LAPD Captain named by Dorner in an online manifesto posted online several days earlier. In the wide-ranging piece, Dorner lays out his plans to seek revenge against the LAPD officers he blames for ending his careers in both the Navy and the LAPD.

After Dorner was publicly identified as the suspect in the first murder, on Thursday he allegedly shot two Riverside PD officers, killing one and seriously injuring another. Since then, a multi-agency task force has been searching for Dorner across Southern California, including the San Bernadino mountain east of Los Angeles where Dorner’s burned-out truck was discovered late last week. Newly released surveillance video shows Dorner dumping ammo and military equipment in a dumpster in National City, south of San Diego on Monday, although search efforts remain focused on the area surring Big Bear Lake near where the truck was discovered.

In his manifesto, Dorner references his marksman training in the Navy in vowing to exact revenge on the LAPD. “Hopefully you analyst have done your homework. You are aware that I have always been the top shot, highest score, an expert in rifle qualifications in every unit I’ve been in. I will utilize every bit of small arms training, demolition, ordnance, and survival training I’ve been given, ” says Dorner. “I am off the grid…I assure you that the casualty rate will be high.”

[Source: SFgate/LA Times/LAist]

 

Categories : Blog

A pregnant woman who filed a lawsuit claiming she was thrown to the ground and hogtied by California Highway Patrol officers on a busy Los Angeles freeway has received a $250,000 settlement from the CHP after dashcam video footage of the incident surfaced.

30-year-old Tamara Gaglione was pulled over in August of 2011 for reportedly talking on her cell phone while driving on Los Angeles’ Harbor Freeway. As shown in the video above, Gaglione, apparently confused as to where to pull over on the busy freeway, pulls to the shoulder, then continues on for several minutes, crossing over to the fast lane before returning to the shoulder and exiting the vehicle. The officers approach, guns drawn before taking Gaglione to the ground face first and pinning her to the ground. One officer appears to kick her in the ribs before hogtying her and placing her in the patrol car.

After her arrest, Gaglione was charged with misdemeanor evading and resisting arrest and driving on a suspended license, both of which were later dismissed and Gaglione plead no contest to the cellphone infraction. She subsequently brought a civil suit against the CHP and the officers involved. Though initially prosecutors in the case claimed there was no video of the incident, Gaglione’s attorney was able to record a copy of the original footage himself. CHP chose to settle the case, with Gaglione now the mother of an infant son receiving $250,000.  The officers involved all still remain on the CHP force.

[Source: LA Times]

Categories : Blog, California Law, CHP

 

 

In a ruling released just after the new year, the US 2nd District Court of Appeals ruled that a police officer who observed a man flipping him off did not have reasonable basis to perform a traffic stop which eventually led to the arrest of that man on disorderly conduct charges.

The ruling (available here) recounts the saga of St. Johnsville, NY resident John Swartz, who upon seeing a police officer parked and operating a radar gun, expressed his displeasure by directing at the officer what the court deemed “a gesture of insult known for centuries”: the raised middle finger. The same officer subsequently performed a traffic stop on Swartz claiming that he believe Swartz’s gesture was a sort of distress call, an attempt to get the officer’s attention. Citing the ”nearly universal recognition that this gesture is an insult” the court found the traffic stop unreasonable, and likewise Swartz’s subsequent arrest for disorderly conduct, for lack of probable cause. “Indeed, such a gesture alone cannot establish probable cause to believe a disorderly conduct violation has occurred,” said the court, calling the gesture instead “pure speech directed at an individual.”

 

[Swartz v. Insogna / Huffington Post | Image courtesy of stockimages at FreeDigitalPhotos.net]

 

Categories : Blog

A class action lawsuit filed in Utah court claims that a recently fired Utah Highway Patrol Trooper, who was once named Utah Highway Patrol Trooper of the Year, falsely arrested hundreds of drivers for DUI and marijuana impairment.

Utah Highway Patrol Corporal Lisa Steed, who was fired in November, had previously been lauded by superiors for her high number of arrests, including being named Trooper of the Year in 2007. But documents relating to the lawsuit filed in Utah’s Third District Judicial Court claim that many of these arrests, possibly hundreds, were based on falsely reported results of field sobriety tests.

One of the attorneys who filed the suit, Michael Studebaker, told the New York Times “The 40 or so individuals that have contacted us have to be the tip of the iceberg because Steed arrested many other people. Her actions are so blatant, that it is probable that she acted like this in an untold number of cases.”

An internal memo from 2010 written by a Highway Patrol Sergeant reported that a review of 20 of Ms. Steed’s marijuana impairment arrests showed that she arresting drivers who showed no visible signs of impairment. And both Salt Lake County and Davis County’s District Attorneys began as early as last April to dismiss or choose not to prosecute cases in which Ms. Steed was the primary investigator.

[Source: New York Times / Fox13now.com]

Categories : Blog, DUI Law, Marijuana Law

Chico Police, along with officers from Butte County District Attorney’s Office, Gridley police, Butte County Sheriff’s Office, Colusa County and Glenn County sheriffs’ offices, California Highway Patrol and university police, will be manning special patrols for DUI and other alcohol crimes in the Chico State campus neighborhood over the upcoming pre-Halloween weekend.

Chico Police Sgt. Greg Laver told the Chico ER that officers from the various local law enforcement agencies with be patrolling in the south campus neighborhood and Downtown Chico in cars, on foot and on horseback on Friday and Saturday nights, and warned out-of-town revelers to stay clear. “Don’t show up if you don’t live here,” Laver told the ER. Likewise, CSU, Chico students living in campus dormitories will not be allowed to have overnight guests over the weekend.

Laver also sounded an ominous note for all partygoers, local or otherwise. ”The motto these days is, nothing good in town happens after midnight,” he said. “Go out, have fun, go home by midnight. You’ll probably stay safe.”

[ Source - Chico ER ]

Categories : Blog, Butte County, Chico, CA

A Chico couple has posted video online of what they claim was an illegal intrusion into their home by Butte County Sheriffs Deputies and Chico Police officers. Jordan Cole and his fiance Finesse Reed say that they were watching a movie in their house, behind their business on Park Avenue in Chico, when deputies began pounding on their door, demanding entry. According to Cole, one deputy told him “That’s a 45 pointed at your head, son. You better do what we require.” When Cole, Reed and a friend who was also inside the house refused to open the door, Cole and Reed say that the officers broke a window, unlocked the door, and handcuffed them while they searched the house. The video posted to YouTube of the incident shows Reed frantically talking on the phone while Cole and his friend sit calmly, addressing the deputies and answering questions. The video ends before officers enter the house but Cole said after the deputies, as well as officers from the Chico Police Department, entered his house, they searched through drawers, closets and under beds, and “left the place a mess” before leaving. Butte County Undersheriff Kory Honea told the Chico News and Review that “An internal-affairs sergeant has been assigned to the case to contact those who filed the complaint and gather additional information. If our staff did something inappropriate, we will hold them accountable,” he said. “We want to get to the truth, to the heart of the matter, and that may take a while.”

[Chico News and Review]

Categories : Blog, Butte County, Chico, CA

Glenn County Counsel Huston Carlyle Arrested for DUI

 

Glenn County Counsel Huston Carlyle Jr. was arrested for suspected DUI after crashing his car in rural Glenn County earlier this month. According to the CHP, Carlyle was driving westbound on Highway 162 near the town of Elk Creek when he lost control of his vehicle and hit a bridge guard rail, causing his vehicle to overturn, land on its wheels, and accelerate in reverse through a barbed wire fence and down an embankment. The airbags in Carlyle’s Cadillac deployed and he was not injured. However, he was arrested and placed in Glenn County Jail in Willows on suspicion of driving under the influence. In addition to serving as Glenn County Counsel, Carlyle also sits on the Willows Planning Commission.

[Willows Journal]

Categories : Blog, CHP, DUI Law, Glenn County