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Houston Cop Claims to be “Three Percenter” While Illegally Detaining Man Open Carrying Rifle

Open Carry Houston Police Illegal Detention

A Houston Police Officer claims to be a “Three Percenter” while in the process of harassing and illegally detaining a man for open carrying a rifle.

The following video was shared with Nevada Cop Block anonymously, via the NVCopBlock.org Submissions Page. The video consists of a video uploaded to youtube by Open Carry Texas, which as the name implies is a group that advocates for citizens rights to open carry firearms based in Texas. The incident depicted within the video took place in February of 2015, according to the description posted with it on Youtube.

In the video, a man walking down the street is approached by a Houston police officer in a vehicle. After asking and being told that he is not being detained, he continues walking without stopping. That officer then pulls his car back in front of him to block his path and steps out brandishing an AR-15 of his own.

Even while claiming to be a “Three Percenter” (a group that believes strongly in resisting Constitutional abuses by the government), the officer threatens to “escalate this another way” while holding the rifle and, when told by the man that he does not consent to questions, refers to his answer as “Constitutional crap.” He then proceeds to demand ID from the man in order to make sure he isn’t a felon and that he is legally allowed to openly carry a weapon on “his streets.”

Once the man states that he doesn’t have ID on him and is still unwilling to wave his right to remain silent, he is illegally detained,has his weapon taken from him, and is forced to sit handcuffed in the back of the cop’s car while he calls a district attorney to get advise on what he should do. During the 15 -20 minutes that transpires in the car, the officer clearly shows that he has no understanding of the Constitution or the laws he is supposed to be upholding.

Obviously, that begins with the idea that someone has to arbitrarily prove that they aren’t a felon in order to legally carry a weapon by providing their ID to police. (The excuse that he had scared citizens calling him is irrelevant. The fact that other citizens don’t understand the law doesn’t give police the right to illegally detain and harass people acting in a lawful manner.) He even readily admits to the dispatcher that the man has committed no crime. At one point, he even states that he had no reasonable suspicion to even detain, let alone arrest the man.

Eventually, the man is released since he hasn’t actually done anything illegal, but not before he has been illegally detained and harassed for at least 25 minutes while handcuffed in the back of a hot police car. In the process, the cop’s claims to be “on your side” and a “Three Percenter” were exposed as either incredibly lazy lies or equally ridiculous delusions.

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it and publish it on Nevada Cop Block.

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Annapolis, MD Police Officer James Spearman Threatens and Tries to Intimidate Citizen Legally Filming

The following post and video were shared with the CopBlock Network by Landon Tomsa, via the CopBlock.org Submissions Page.

The following post is fairly self explanatory. The person who submitted it states that they saw an Annapolis City police officer, James Spearman, parked illegally while having some unspecified interaction with a woman. Shortly after, Officer Spearman aggressively approaches Tomsa and begins filming with his own cell phone.

As anyone who has filmed the police knows, this is actually not an unusual reaction by cops. They often project their own displeasure at being filmed onto the people legally filming them and think they’ll  “show them” by filming them back. Generally, Cop Blockers don’t mind being filmed and it amounts to a whole lot of nothing.

However, in the case of Officer Spearman, as can be seen on the video, he acts very aggressively and purposely invades Tomsa’s personal space (something that would get a citizen arrested) in order to harass and intimidate him for exercising his legal right not only to film in public, but as has been affirmed numerous times in court, also to film public employees performing their duties.

Also on the video you can see several “Good Cops,” including Officer Kevin Freeman, show up after being called by Officer Spearman to back up his efforts to stop a citizen from exercising his legal rights. Initially, they remove Spearman from the area and pretend to be sympathetic to Tomsa’s valid complaint. However, when Tomsa begins walking away and Officer Spearman resumes his harassment of him, the other officers somehow don’t seem to notice, since they make no effort to intervene a second time.

Date of Incident: October 10, 2016
Officers Involved: Officer James Spearman Badge #2077, Officer Kevin Freeman, also multiple other officer who didn’t identify themselves.
Department Involved: Annapolis City Police Department
Department Facebook Page: Annapolis Police Department
Department Twitter Account: @AnnapolisPD
Internal Affairs Section:

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

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I would just like to start off by saying that my prior interactions with the law enforcement officers of the Great State of Maryland had been pretty good, overall. The Annapolis County Police have given me nothing but respect and even a little help in some situations with my filming of interactions with the police. For some reason though, it seems that the Annapolis City Police Department doesn’t do things quite the same way.

On the morning of October 10th, I got up early and, having the day off, decided to head to the state capital to see what was going on. After walking around for about a half-hour, I came across a police cruiser, which happened to be parked in a loading only zone. I noticed a woman interacting with a police officer, so I decided to film this attraction.

After a while, the woman left and the officer, after sitting in his car for a bit, got out and started approaching me. What transpired next is exactly what you see on the video.

Having pulled out his personal cell phone, he approached me continuously while trying to get a picture of me for some reason. Officer Spearman then chased me down a main thoroughfare in Annapolis about two blocks from where I originally started the interaction.

It was about at this point that other officers started arriving. The arriving officers then separated Officer Spearman and I. A second officer approached me and, as you can see in the video, I sort of explain the situation to him. A third officer, with a body cam, identified himself as Kevin Freeman. I found out later he was the commander for the Annapolis Police K-9 Division.

I explained the situation to him, he seemed to agreeably and professionally take my complaint about the officer and assured me it would be addressed. Unfortunately, as I was walking back towards the Capitol Building, Officer Spearman continued to follow me. He again began walking, unimpeded, away from the other officers, who had told me they wouldn’t let him do this.

As he was following me he made some very odd comments. I don’t know if you can hear them in the video, but one was, “now we’ll do a follow up with the Department of Homeland Security.” The other was, “We may have a lone wolf situation here.” Both ludicrous statements as you can tell from my reaction if the video.

I hope the public finds this video as informative as I did about certain officers within the Annapolis Police Department. And if anybody feels like expressing their own opinion to the Annapolis Police department, included are the public access, non-emergency numbers and email for their Internal Affairs Department, as well as links to their Facebook and Twitter accounts. Feel free to express your opinion, it is your right as much as filming them in public without having to be being harassed and intimidated is.

– Landon Tomsa

Just wanted to give a big thanks and a shout out to everyone involved at CopBlock.org. Though I have not been doing this very long, you guys have helped me immensely. Keep up the good work and let people know that Badges Don’t Grant Extra Rights.

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Alberta Canada Checkpoint (Check Stop) Refusal and Assertion of Rights

The following video post was shared with the CopBlock Network anonymously by a reader, using the (very creative) pseudonym “Sub Mitter.” It was sent in to us via the CopBlock.org Submissions Page.

Although there was no description included with the video, it is pretty self explanatory. In the video, a man driving through a checkpoint (they’re called “check stops” in Canada) in Medicine Hat, Alberta, Canada, where he is asked if he has been drinking and also to provide a driver’s license. He informs the officer conducting the stop that he won’t answer any questions. At that point the officer tells him to drive to a secondary inspection area.

The driver responds by asking if he is being detained. The officer says that he is and quotes a law that says he is authorized to determine if drivers have been drinking and also if they have a valid driver’s license. There’s then some back and forth about whether the police need to have a suspicion that a driver is drunk before they are compelled to submit to further investigation regarding that. Next, the driver asks if he is required to show a driver’s license without a requirement for suspicion. The officer replies that he is and the man then shows him his driver’s license.

Shortly after, and still without having answered the question about whether he had been drinking, the driver is released and continues on his way.

Date of Checkpoint: November 26th, 2016
Department Involved: Medicine Hat (Alberta, Canada) Police Service
Professional Standards Supervisor: (403) 502-8917
Department Facebook Page: Medicine Hat Police Service
Department Twitter Profile: @medhatpolice
Department Instagram Account: Medicine Hat Police Service

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If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

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Officer Radel of the Norfolk (NY) Police Department Commits Auto Theft Against a Resident

The following post was shared with the CopBlock Network by Denise Davis, via the CopBlock.org Submissions Page. Davis submission describes an incident in which Officer Radel of the Norfolk (NY) Police Department had her truck towed away and impounded, in spite of it being legally parked on her property. For those not wearing a Magic Uniform, that is generally known as auto theft.

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

Date of Incident: September 23, 2016
Officer Involved: Officer Radel – Badge #54
Department Involved: Norfolk (NY) Police Department
Department Phone No.: (315) 384-4200
Department Fax No.: (315) 384-3505

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On Sept. 23 2016, Officer Radel showed up at my house to tow my truck, a 1987 Nissan Hardbody from my driveway. Originally, the complaint stated that it was unlicensed and unregistered. When confronted with the fact that it was and had been insured, licensed, and registered, then she tried to claim it was “dismantled.” Not a criminal offense, but a code violation. However, the truck was not dismantled, although it still needs brakes done and a small amount of body and vinyl work to complete a restoration. It was NOT on blocks and an engine change over was complete, including hoses and belts!

I went to court every week the following October, as no tickets had been filed with the court and the police department at that time couldn’t find any tickets. The tickets were given to me September 25th, two days after the truck was towed, and had whiteout all over them and were dated 2015! After several court dates culminating in today, March 8th 2017, it has been stated the truck was illegally towed. The town attorney had once again not showed for court, but had asked the ADA to stand in.

He originally offered a contemplation of dismissal. When I refused, he threatened me with 15 days in jail and $150 in fines and additionally that I would be fined for every day the truck remained on the property. I had to point out that the truck had been removed just two days prior to getting the tickets! I then asked for the definition of dismantled, as the police or code enforcement officer had taken pictures earlier the same day of the towing. (Pictures taken on my lot without me having been there. I was working when they had came and until court hadn’t known they had been there.) Those pictures clearly showed it was whole and not even on blocks.

A date for jury trial was set for May 22nd, at which time the ADA left, only to storm back in and try to have the case dismissed outright as admittedly they had no right to have taken the truck to begin with. The judge is waiting at this point to accept dismissal, as my attorney told him (Judge Grubee) that I was unwilling to let it go unless my truck is returned. But at this point it looks like it will just be dismissed, with them being allowed to keep my truck.Even after all parties (except the police) admitting they had no right to steal the truck to begin with.

By dismissing the case, it will turn it into a civil case that no attorney wants to touch because their fees would be more than the truck is valued at. (The Kelly Blue Book value for it in this area is $3,441.) So, it’s looking like they are being allowed to steal from me with no repercussions.

– Denise Davis

Incidentally, behind the courthouse is a Suburban cop car with an inspection sticker that expired in August 2015 which hasn’t been moved in months. Two houses behind that is the house of the judge’s daughter where a truck belonging to the judge is parked off the road with no plates, etc.

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False Imprisonment: Its Increasing Frequency and the Huge Cost It Imposes on Society

The following post was shared with the CopBlock Network anonymously by a reader, via the CopBlock.org Submissions Page.

If you have a video, personal story involving police misconduct and/or abuse, or commentary about a law enforcement related news story, we would be happy to have you submit it. You can find some advice on how to get your submission published on the CopBlock Network within this post.

Police Abuses on the Rise

It’s no secret that police brutality and misconduct has been on the rise recently with cases in the news like Eric Garner who was suffocated in a choke hold by police and killed for illegally selling cigarettes. Similarly, a 12-year-old boy Tamir Rice was shot and killed after playing with a toy gun in the park. The level of uneasiness between police officers and citizens has hit an all-time high and we see this unrest play out in society. Police brutality is not the only form of police misconduct- false arrest of citizens can be an excruciating experience that sends innocent people to prison for simply being in the wrong place at the wrong time.

For example, Chicago’s taxpayers have had to pay over $120 million for the racial torture committed by one police commander, Jon Burge. Part of the disconnect between officers and citizens is the unfairness in power and how that power is used. To add on to this, police are offered different treatment when it comes to false arrests or misconduct. Although Burge oversaw the torture of over 118 black men – which would typically lead to decades in prison – he was released in three-and-a-half years and sent to a halfway house. All the men he tortured remain behind bars.

Police officers were granted a Qualified Immunity Doctrine by the Supreme Court which essentially states that police officers are innocent of harm towards their suspects in most cases due to their risky and honorable line of work. The best intentions are seen to be associated with most police officers, but has that been the case recently?

Typically, false arrest from police officers falls into the police misconduct category, which can also encompass police brutality and wrongful death. According to the University of Michigan Law School’s National Registry of Exonerations report, 75% of homicide exonerations involved police misconduct. One widely publicized example of a wrongful arrest was James Bain, who was convicted of kidnapping and rape at the age of 18. He served 35 years for a vicious crime he did not commit. Although DNA evidence was tested and presented prior, he was refused further DNA testing from the courts until his fifth try in 2006. Although misidentification from eyewitnesses account for 75% of all convictions that are overturned by DNA evidence, Bain was wrongfully arrested and incarcerated by police.

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How Does False Imprisonment Affect the Public?

Some people may think that the police arrest people who they think are guilty of a crime, and if they are wrongfully arrested, they are quickly released and go about their happy lives. That is far from the truth in most cases where the arrest was outright wrong and unlawful. Many people who are falsely arrested fight back and sue the police officer who wronged them and because of this, the public is responsible for paying that fee.

Amount of Money City Taxpayers Have Paid for Police Misconduct:

  • Chicago: $521 million from 2004-2014
  • Cleveland: $8.2 million between 2004-2014
  • Denver: $12 million since 2011
  • Dallas: $6.6 million between 2011-2014
  • Los Angeles: $101 million between 2002-2011

For example, Robert Graham was arrested for disorderly conduct by a police officer who was stuck in traffic behind him. Due to the gridlock traffic in New York City, Graham was also stuck in traffic and unable to move. The police officers wrongfully arrested Graham due to the circumstances of the situation. Graham’s wrongfully arrested cases was one of the ones that contributed to New York taxpayers paying $18 million to pay back people who were wrongfully arrested by officers.

According to Jon Norinsberg, a false imprisonment attorney, New York city police may only legally arrest citizens if:

  1. The police have an arrest warrant.
  2. The police have probable cause that you committed a crime.
  3. You are interfering with a police investigation or arrest.
  4. The police believe you are a criminal attempting to flee a crime scene.

Why are Police Officers Getting Away with False Imprisonment?

The number of innocent people behind bars is the highest number it has ever been historically, so it is only natural to question the source – the police. Why has it become okay to so quickly convict people and rarely face punishment as a police officer for wrongfully arresting someone? The issue gets stickier when videos of police officers using excessive force and even killing citizens when they appeared to pose no threat. Are there consequences for that? Rarely.

Unfortunately, false arrests happen and can be scary to argue your case in front of a judge – especially because police are most often shielded by the Qualified Immunity Doctrine exercised by the Supreme Court. This is a protective order that is designed to protect police officers from facing punishments from their mistakes or unlawful actions. In theory, this Qualified Immunity Doctrine was originally designed to shield officers who are properly bringing justice to criminals and who handle situations appropriately – if someone is upset for getting arrested if they deserve it, well this doctrine will protect the police from this potential complaint or lawsuit. Since videos have been released of police officers using unnecessary excessive force on unarmed people, citizens are growing scared that officers are abusing this immunity from the Supreme Court to get away with their unjust behavior. This is where a disconnect lies between police officers and citizens.

Where is the Accountability From the Police?

Why is it that as a society we only started paying attention to police misconduct and false arrests when Netflix featured programs like Making a Murderer?

Police officers are designed to keep our communities safe. While most cops are heroes and upstanding citizens who work hard to protect our safety, those who entered the police force to unlawfully assert power over others and take advantage of their badge are getting more press in recent news. Although it’s an unfortunate circumstance, it is important to stay educated on what is happening in society to better educate yourself and to hopefully make a positive change.

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