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RCMP Officer Lies About Needing Permission to Film Police; Admits Police Parking Illegally is Wrong

A Royal Canadian Mounted Police officer claims that it is illegal to film him in public after being questioned about parking on a sidewalk.

The following video was shared with Nevada Cop Block by Donald Smith, who frequently films the police as he travels within Canada, via the NVCopBlock.org Submissions Page.

In the video, which was taken in  Victoria, British Columbia and uploaded to Youtube, Smith can be seen questioning an (unidentified) officer with the Royal Canadian Mounted Police about why he is parking his motorcycle on the sidewalk even though he would ticket citizens for doing the same thing.

Initially, the officer responds by explaining that he’s not breaking the law because police are exempt from that law. However, those exemptions are generally based on the idea that police can disregard such laws while responding to emergencies or, at the very least, while performing official police functions. Although the exact circumstances leading up to the conversation on the video weren’t given, the officer makes it pretty clear in his response that neither of those things are the case.

After some discussion of whether the officer should be giving tickets to people for parking infractions while he himself is illegally parked, the officer soon attempts to shift the subject by lying about the legality of filming in public. According to this officer, recording in public requires the permission of the person being filmed.

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Although it’s not terribly uncommon for cops not to know the laws they are supposed to enforce or for them to try and enforce laws even though they don’t actually understand them, the fact that this officer claims that it became illegal to film him in public without permission on January 1st (implying that a new law was passed) is pretty indicative that he is intentionally lying. Shortly after, the officer uses that horrible threat that police for some reason think bothers people filming them that he will also film Smith (without having asked his permission first).

(For the record, no such law was passed and it is completely legal to film anyone, including the police, in public view – even in Canada.)

Then the discussion returns to whether he should be parking his motorcycle on a sidewalk. While continuing to maintain he is exempt from such rules and clarifying that police officers can even park cars on the sidewalk if they feel like it, the officer then readily admits that such a double standard is wrong. Quite surprisingly, he then actually promises not to park on the sidewalk next time.

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 to publish it on NVCop Block.

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City Ordinances Vs. Private Property Rights – Should the Government Dictate the Use Of Your Property?

The following video was shared with the CopBlock Network anonymously, via the CopBlock.org Submissions Page.

In the video, the person submitting it discusses notices they received from the Angleton City (TX) Code Enforcement Department regarding city ordinances relating to the height of their grass and vehicles they have parked at their house. According to those ordinances, they are in violation because their grass is higher than fourteen inches and the vehicle(s) are not currently registered and are considered to be “junk vehicles,” as a result.

Date of Incident: March 27, 2017
Department Involved: Angleton City Code Enforcement
Department Phone No.: (979) 849-4364 extension 2105
Contact Email: Heidi Guzman – [email protected]

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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Twenty one years of living in the same house in Angleton, TX. Being told I have to cut my yard to under 14″ and “get rid of” inoperable vehicles on my property. The video covers it mostly, and has my reasoning behind why I find this unconstitutional and a violation of my rights as a born citizen of the United States of America.

I plan on fighting this. After paying taxes and being a good citizen since 1996, I will not be pushed around and controlled by local government. Thanks guys, I hope I can shed some light on this. If we sit around and not stand up to this kind of thing, they’ll just kick everyone they don’t like out of the city.

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Severe Flaws in “Justice System” Highlighted by Disciplinary Hearing of Former Wake County NC Prosecutor

Wake County Prosecutor Colleen Janssen Corruption

Deliberate misconduct by prosecutor Colleen Janssen led to two men being falsely convicted, but she essentially received no discipline for it.

The following post was shared with Nevada Cop Block by Lynne Blanchard, via the NVCopBlock.org Submissions Page. This is a repost from Blanchard’s own blog, “Stop Wrongful Convictions,” which was originally published under the title “Disciplinary Outcome of Former Wake County Prosecutor Highlights Severe Flaws in Our Justice System.

Along with the submission, Blanchard stated:

I mostly cover wrongful conviction cases which usually contain some level of police corruption/misconduct, but I like to expose all official misconduct.

Thanks,
Lynne

March, 2017

This week, former Wake County prosecutor, Colleen Janssen learned the outcome of the disciplinary hearing to review the level of her misconduct in a criminal case. Though she deliberately withheld critical evidence from the defense and manipulated others to go along with her scheme to hide exculpatory evidence, she did not even lose her law license for a day. Instead, Judge Donald Stephens ruled that she could not practice law with a government agency for a period of two years. This means she can be begin working as a prosecutor again in two years and do private practice until that time. What a punishment for maliciously prosecuting two men — who landed in prison for over two years until her actions were discovered!

I will describe Janssen’s egregious actions in detail, but she was not the only one who participated in the willful act to hide exculpatory information from the defense. She actually had a lot of help from other public officials — which should place all Wake County cases under scrutiny. How often does this type of thing happen? Why is no one held accountable? Why are these people above the law?

2016

Colleen Janssen was asked to resign from her position with the Wake County District Attorney’s office in June, 2016 following the revelation that she withheld critical information in an armed robbery case against Bashiri Sandy and Henry Supris in the fall of 2014. It was an obvious and deliberate Brady violation that prevented the accused from receiving a fair trial. The North Carolina Court of Appeal agreed and reversed the convictions of Sandy and Supris. District Attorney, Lorrin Freeman later dropped the charges against them.

They withheld evidence — the fact that Janssen’s star witness, Marcus Smith was a drug dealer — was the foundation of the entire defense case. This fact supported the story of the accused to such a degree that there could have been no trial without it.

Background

Sandy and Supris told police that they confronted Smith to collect money or drugs because Smith had been shorting them on marijuana purchases. Smith gave them money and jewelry, and then gunshots were exchanged. Smith shot Sandy in the leg. Smith sustained a gunshot wound to the arm. It is unclear who fired that shot, but it is not relevant to this article.

Smith told police that he was a victim of an armed robbery. The State accepted his story, ignoring the statements by Sandy and Supris — that it was a confrontation about a drug deal.

Sandy told Raleigh Police that Smith was a big-time drug dealer. That resulted in police requesting permission from a judge to place a GPS device on Smith’s car.

Smith’s Impending Charges

Janssen continued building her case against Sandy and Supris despite knowledge that Raleigh police were pursuing her “victim” (star witness) in the “armed robbery” case. In the summer of 2013, Janssen contacted detective Battle via a private email address and asked to meet with him. She asked him to hold off on arresting Smith until after her trial because she allegedly didn’t want to “spook” her witness. Never mind that the impending arrest of the witness/drug dealer should have negated the whole need for any trial since it supported the defendants’ stories, not the state’s case.

Raleigh Police complicit in misconduct

Officer Battle agreed to delay Smith’s arrest. Since police had been watching Smith, they learned the location of his stash house. Upon discovery of this information, Battle gave Janssen a “heads-up” about the probable cause and search warrant of Smith’s drug house. He clearly informed her that Smith would not be named in the search warrant and he would wait until he left the premise to search the property, thus avoiding the need to arrest Smith at that time, since it could jeopardize Janssen’s case! Never mind that taxpayers trust that police will make the appropriate arrests at the time of the known crimes! In fact, over five-hundred pounds of marijuana were found in the stash house. Battle’s cooperation gave Janssen the ability to conceal the fact that her star witness was a drug king-pin at trial!

Impending Federal Charges

Due to the amount of drugs found, this became a federal case. Laurence Cameron with the U.S. Attorney’s office would be handling the case. He became aware of the fact that Raleigh police held off on making the arrest per Janssen’s request. As a former assistant D.A. with Wake County himself, he knew Janssen and contacted her to discuss the status of Smith’s impending charges. According to Cameron, Janssen did not want to hear anything about it. Deliberate denial would prevent her from violating discovery rules, and she was fine with that. Prior to that particular call, she had in fact asked Cameron not to arrest Smith until after her trial.

Cameron was concerned enough that he got his supervisor, the U.S. Attorney involved. John Bruce contacted Howard Cummings — Wake County’s First Assistant District Attorney and Janssen’s supervisor. He informed Cummings that he had received information that Raleigh Police were holding off on making an arrest at Janssen’s request. Cummings told Bruce he would “take care of it.”

ADA Cummings testified at the disciplinary hearing that he had a discussion with Janssen and that she informed him that the search of the stash house yielded nothing that could be traced back to Smith, and that his name was not on a single search warrant. That was the end of it. Cummings testified that nothing was discoverable. It’s likely Cummings and Janssen believed the truth would never be revealed . . . and it wouldn’t have been if not for the federal case. It’s extremely bothersome that Cummings was willing to look the other way, despite being contacted by the US Attorney and informed that a fellow ADA deliberately told police to hold off on an arrest. Why did he allow the trial to proceed? Why didn’t he intervene? It is the “win at all cost” mentality of so many prosecutors. Truth doesn’t matter.

Trial of Sandy and Supris

Judicial Misconduct

Just weeks before the trial was scheduled to begin, Detective Battle sent Judge Ridgeway an application for a GPS monitor on Marcus Smith in connection to his drug trafficking, and he signed it. It was also sealed. Since Ridgeway was the trial judge, he became aware of information that impeached the state’s star witness — the mere fact that the witness was being investigated for drug trafficking. This placed the judge in a difficult predicament and also further lessened the defendants’ right to a fair trial.

From the appeal document (pg. 29-30):

On October 21, 2014, one week before trial, Judge Ridgeway considered Raleigh Police Department narcotics detective J.A. Battle’s application to surreptitiously place and monitor a G.P.S. tracking device on a car used by Marcus Smith and belonging to his live-in girlfriend. The application stated that a confidential informant alleged Smith “sells large quantities of marijuana,” and that “the most recent report was made in April 2013 when robbery suspect Barshiri Sandy told the police Marcus Smith was a known drug dealer with over 1 million dollars in product in a stash house. On this basis, Detective Battle stated, “It is believed that a GPS unit attached to Marcus Smith’s vehicle will provide relevant information regarding where Mr. Smith stores illegal drugs.”

In fact, the GPS tracking authorization had already enabled Detective Battle to locate and seize 150 pounds of marijuana from Smith’s “stash house” in August of 2014. Marcus Smith himself had been seen at the stash house before the seizure. On the basis of Detective Battle’s affidavit, Judge Ridgeway signed the authorization, finding there was “probable cause to believe that . . . the placement, monitoring of and records obtained from the electronic tracking device are relevant to an ongoing criminal investigation. Judge Ridgeway also ordered the application and order to be placed under seal.

None of the information was provided to the defense. The judge should have either unsealed the record OR recused himself from the case. He did neither and presided over the trial.

Prosecutorial Misconduct

The star witness perjured himself as he testified that he hadn’t sold drugs since 2005. The prosecutor knew it. The defense suspected he was lying but had no proof, even though it existed. The judge also knew the witness was lying.

Colleen Janssen was brazen enough to discredit the defense’s attempts to show that Smith was a drug dealer. This was her statement during closing arguments:

There has been absolutely no evidence from the witness stand outside of the defendants’ testimony that this has anything to do with drugs. Nothing that the police found, nothing that Marcus said. The defendants are the only people who’ve been talking about drugs, outside of that small amount of marijuana that Detective Grimaldi found in the garage and that was photographed and you saw. That small baggie of marijuana. From that, the defense wants to make you believe that Marcus Smith is apparently this drug kingpin. If that is the case, that apparently may . . . apparently that’s their position, but please think about whether or not you’ve heard any evidence from the witness stand that would support that contention or whether you just heard it from the lawyers.

The jury found them guilty. The prosecutor’s unethical behavior is absolutely appalling.

Appeal

The appellate attorney representing Sandy and Supris became aware of Smith’s federal case and also received a copy of a letter that described how Raleigh Police delayed the arrest of Smith at the request of Colleen Janssen. When attorney Paul Green contacted Janssen to try to determine the source of the information, she delayed getting back to him for several weeks. At that point Green contacted Howard Cummings who refused to speak to him about the matter, even though he needed to confirm or deny the allegation about Janssen for his client. Janssen finally informed Green that she had no notes or emails from any such meeting with Detective Battle.

Green did his own research. He reached out to Smith’s attorney and was given the content of the private emails between Janssen and Detective Battle. Days later, Janssen “found” her private emails, likely knowing that Green would end up getting them eventually. She emailed them to Green and he filed a MAR (motion for appropriate relief) citing prosecutorial misconduct and Brady violations. The Court of Appeals ended up overturning the convictions of Sandy and Supris and the Wake County district attorney had no choice but to address the matter. Janssen was placed on paid leave and eventually asked to resign. The disciplinary investigation followed.

Disciplinary Hearing

Jansen blamed her negligent behavior on the fact that her father had been kidnapped six months prior by an imprisoned gang member she had prosecuted. You can read about that here. Luckily her father was rescued by the FBI and he is fine; however, it is rather pathetic that she used her father’s ordeal as an excuse for her behavior in this case. Evidently it worked, thus the almost non-existent punishment. At a minimum she should have lost her law license and since her deliberate malicious prosecution led to two (very likely) innocent men being sent to prison, she should have faced prison time, but that is never the case. Prosecutors are routinely able to get away with destroying lives with little (or no) consequence.

Jansen testified that she made mistakes, and that she never made the connection that the drug arrest was significant to her case, even though she knew it was certainly crucial to the defense case. I don’t believe her. It was no mistake.

She talked about how she would have never willfully done harm to “the office.” Who cares about the reputation of the office when people are paying a huge price for her actions — prison time.

As well, so many Wake County officials testified on her behalf about how she was so honest, hard-working, etc. Namely, former District Attorney, Colin Willoughby (who fought against Greg Taylor’s innocence claims, Judge Becky Holt (who did a poor job with the Jason Young case, Judge Gessner (you can learn more about his unethical tactics in the Brad Cooper case). They all came to her defense, even knowing how deceitful she was. That’s the reality of our “justice” system.

How many more cases like this exist? How much information has been withheld from defendants? Why is there a mentality to WIN, rather than seeking the truth? Why are public officials (who are paid with our tax dollars) never held accountable for their misconduct? My hope is that the public will become more aware of cases like this.

You can watch the disciplinary hearing here.

– Lynne Blanchard
Wrongful Conviction Advocate
Contact: [email protected]

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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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