Tag Archives: id

LVMPD Police Illegally Detain Then Falsely Arrest Las Vegas Man For Not Telling Them His Birthdate

LVMPD Illegal Detention False Arrest Las Vegas Federal Courthouse

Note: This post was shared with Nevada Cop Block via reader submission. If you have videos, stories, or personal interactions with the police (and/or “justice” system) that you would like to share, send them to us and we will do everything we can to bring it to the attention of the world.

Update: I’ve been told that the name of the officer who is wearing the body camera is Officer J. Deel. Also, the officer who orders that Mr. Martinez be (falsely) arrested is named Officer Jenkins. A third officer, who appears on camera at the end while he is being placed in the car, is named Officer Hernandez. (Other officers, who currently have not been identified, were also present.)

In the body camera footage (which was recorded by Officer J. Deel) embedded below, police officers from the LVMPD​ illegally detain then falsely arrest Joshua Martinez outside of the Lloyd D. George Federal Courthouse in Las Vegas​. Initially they approach and ask him for his birthdate, claiming that he is required to identify himself because they “are assisting the federal marshals within the courthouse.” Their only explanation for why he is supposedly required to identify himself to them is because when he tried to enter the courthouse the marshals asked him for ID, which he did not give them.

However, in order for someone to have to identify themselves to the police, they need to be legally detained first. In order to be legally detained, the police must have a reasonable suspicion that that person has committed a crime, is currently committing a crime, or is about to commit a crime. Even if there is a requirement to show ID in order to enter a building (I’ve personally been to the courthouse many times and can’t recall having ever been required to do so), not having that ID or opting against showing it to them is not a crime. It simply means they won’t allow you inside. So that does not satisfy the requirement for reasonable suspicion of a crime.

In the meantime, during the video, they readily admit several times that they are not accusing him of having committed a crime. In addition, they admit that he is on public property and confirm that he has not been trespassed from the property by the federal marshals. Contrary to what they claim while demanding the information that Martinez is under no legal obligation to provide, they are by their own admission not investigating him for having committed a crime.

Since they in fact never legally detained him, he is not under any obligation to identify himself to them. They also never ordered him to leave the courthouse property. So, he’s not disobeying any lawful orders. Therefore their charge of obstruction and the resulting arrest is false and illegal. Cops lie a lot and try to trick you into giving up your rights, but they also often don’t know the laws they are enforcing. This actually looks like the latter case.

See the original (raw) body cam video here at Joshua Martinez’ YouTube channel: https://youtu.be/riA0TcO7QnE

3 Comments

Idaho School Cop Who Stole Thousands of Drugs Sentenced to Just Two Days in Jail After Plea Deal

Officer Paul Hardwicke, a resource officer at Blackfoot High School in Idaho, was caught with his hand in the drug jar in May of 2015. According to the Idaho State Journal, Hardwicke was immediately given a paid vacation (but not arrested) after it was determined that he had stolen thousands of prescription pain killers. The drugs were stolen out of the drop boxes that were being used as part of a drug return program at the school.

Originally he was facing two counts of felony possession of a controlled substance, oxycodone and morphine, and two counts of misdemeanor possession of a controlled substance, tramadol and legend drug (a “legend” drug is what prescription drugs are, for some weird reason, legally called in Idaho). The felonies carry a maximum sentence of seven years in prison and a $15,000 fine each. The misdemeanor charges carry a maximum sentence of one year and a fine of $1,000 each. All told, he was potentially facing up to 16 years in prison.

Of course, he was wearing his Magic Uniform at the time, so that’s not at all what happened. Once he received his customary Policeman’s Discount, he ended up being sentenced to two whole days in jail. (There’s no word on whether he is eligible for good time and thus allowed to get out after one day.)

Via KTVB.com in Idaho Falls:

A former Blackfoot policeman and high school resource officer will spend two days in jail for stealing thousands of prescription painkillers from a drug drop box.

The Post Register reports that Paul Hardwicke pleaded guilty on Wednesday to misdemeanor counts of possession of a legend drug without a prescription and possession of drug paraphernalia. He was sentenced to 180 days in jail and two years of probation, but 178 days of the sentence were suspended.

Hardwicke’s attorney argued his client should get probation since he already lost his job.

Hardwicke was a school resource officer at Blackfoot High School before he was terminated. He started a drug drop box program when people were encouraged to discard unused prescription medications at the police station. Investigators found he was taking medication from the drop box.

And yeah, you read that last paragraph right, Officer Hardwicke is the one that started the drug drop box program in order to encourage residents to bring their unused prescription drugs to the police station for “disposal.” In spite of all the hypocrisy of him being one of those people that kidnap and hold people hostage for the same stuff he’s doing himself, you kinda have to admire this guy a little when you hear about that.

Between thinking far enough ahead to become a cop and secure that get out of jail free card that comes with it and then coming up with a scheme to get people to just bring drugs right to him for free, Hardwicke clearly was way ahead of the game. He slipped up a little at the end and now he’s gonna have to go get hired by another police department after his grueling two days of hard time, but he had a good plan going in.

Leave a comment

Man Ticketed for Helping His Neighbors Out by Plowing the Snow From in Front of Their Houses

No good deed goes unpunished when someone who’s “just doing their job” has something to say about it. After a Christmas storm dropped a bunch of snow on Pocatello, Idaho, Mitch Fisher went out and did the neighborly thing by using his ATV to plow the snow from the streets around his neighorhood, where according to him most of the residents are elderly people that are unable to deal with the snow themselves.

Unfortunately, as he was in the process of doing so a local Revenue Collector happened upon his act of kindness and decided he needed to be extorted a little bit. Apparently, Fischer had made a pile with the snow that had been plowed in front of his own house. In spite of the fact that the reason that pile was there was because he had moved all the snow out of everyone else’s way, that violated the letter of a law within the city codes of Pocatello.

And for that he had to be punished, regardless of the circumstances involved. It’s obviously a good thing that a Brave Hero in Blue was there to step in and protect those people from a friendly neighbor helping to make their streets safer during winter.

Via Local8News.com (the ABC affiliate in Pocatello):

Whenever it snows, Mitch Fisher is ready to help his neighbors, whether it’s clearing the sidewalks or trying to clear the street. When the area’s Christmas storm hit, he was out plowing his street with his ATV.

“I take care of the neighbors. They’re all elderly and I like to help them out,” Fisher said.

On Wednesday, however, a Pocatello police officer cited Fisher for an infraction — placing or depositing material on a public right of way. It carries a cost of more than $200.

Fisher said he was baffled by the situation.

“I tried to talk (the officer) out of it and tell him what I was doing, that I was trying to get it out of the street because (the street) hasn’t been plowed since the beginning of snow season,” he said. “Of course, he was doing his job, wrote the citation and went on his way.”

Chapter nine of Pocatello’s city code states, “It is unlawful for any person to deposit, place or allow to remain in or upon any public right of way any material or substance injurious to persons or property.” In this case, “public right of way” means the street.

Fisher argues he wasn’t moving the snow back into the street, but that he was doing the opposite. He moved the snow into a pile right next to his curb.

“I didn’t want it in front of (my neighbors’) houses because they can’t park. I don’t care if it’s in front of mine,” he said.

Despite the hefty price tag of his citation, Fisher doesn’t plan on stopping his snow removal efforts.

“I’ll keep doing what I’m doing. I don’t care about the city,” he said.

Fisher plans on contesting the ticket, hoping to show he wasn’t violating city code.

It is good to see that Fischer plans to fight the ticket, since most of these type of revenue generation based tickets are predicated on the idea that the person being preyed upon will just pay the fine and not be willing or able to take it to court.

Leave a comment

Idaho Cop Says on Body Cam If He Could Get Away With It He Would Put a Bullet in Teens’ Heads

“Mouthy little bitches, oh my fucking god. If I can get away with it, I would have put a bullet in the center of each one of their heads.”- Officer Cody Sampson

That was the statement caught on an Idaho police officer’s body cam shortly after he finished a traffic stop with three teenage girls. They’re horrible crime, outside of not being properly “respectful” to Weiser Police Officer Cody Sampson while he rudely and aggressively berated them, consisted of having a dangerous marijuana grinder. (The charge of possessing “drug paraphernalia” against Jacqueline Aldrich was actually dropped later.)

Via KBOI2.com, the local CBS affiliate:

Local attorney Shane Darrington, who represented Aldrich in the video, told KBOI 2News that he discovered the officer’s behavior and comments during a routine request for all available audio and video evidence.

“It is outrageous and egregious,” Darrington said. “The last statement was frightening.”

At the end of the video, the officer is heard talking about the interaction.

“Mouthy little (expletive) oh my (expletive) God,” the officer says. “If I can get away with it I would have put a bullet in the center of each one of their heads.”

A second person in the room heard laughing.

Darrington, who told KBOI 2News that the video was edited for time constraints, says his client was originally charged with drug paraphernalia, but the charges were later dropped.

“Frankly, it was scary,” Darrington said. “Somebody in a position of power saying something like that, even if it’s an off the cuff comment, it’s something that should not have been said.”

According to online court records, the charges were dropped Oct. 27.

The attorney says he posted the video online because it’s not isolated conduct for the unidentified officer.

“I wanted the community to know this conduct was happening,” he said. “And I wanted to know …does the community condone it?”

Aldrich says she felt disrespected in the way the officer was talking to her.

“I felt it was unprofessional for a cop to act like that,” she told KBOI 2News.

“He belittled her and made her seem like she was dumb and couldn’t comprehend anything. It made me mad, that’s my sister you know?” said Aldrich’s sister.

She didn’t know about the last remarks made in the video until her attorney showed her.

“I was scared, that’s why I left Weiser – he has the power to do that,” Aldrich said.

Aldrich has had previous run-ins with the Weiser Police in the past, including an arrest for minor in possession and misdemeanor battery on two police officers.

When asked if her prior history could’ve influenced the encounter in the video, she said yes.

“Yeah, how they know my past, they think they can just treat me like that, you know?”

Some residents of Weiser say the video is now the talk of the town.

“I was angry because I think our kids and our community need to be able to go to the cops with anything that’s going on, but with that, whose going to go to them?” said Teresa Persher.

Fortunately for Jacqueline Aldrich and the other two unnamed teens, Officer Sampson was unaware at that time that he can put a bullet in the center of each of their heads and very easily would get away with it.

Shortened Version

Full Video

Leave a comment

Las Vegas Cops Demand ID, Attempt to Intimidate, Then Issue Threat When Refused

The videos and description within this post were shared with the CopBlock Network by a reader from Las Vegas named Carter, via the CopBlock.org Submissions Page.

The videos included with this post begin with a group of Animal Control officers attempting to get a Carter to provide them with his identity and allow them access to his dogs. The reason given to justify that is that they received a report of a kid being bit by a dog five days earlier. When Carter refuses to do so without them providing some sort of probable cause that the dogs involved were his, the Animal Control officers call the Las Vegas Metropolitan Police Department for backup.

A pair of LVMPD officers arrive and also begin demanding ID from Carter, incorrectly telling him that he is required by law to tell them his identity. Instead, he cites the requirement for a legal detention, per the Supreme Court ruling in “Terry vs. Ohio,” that they have probable cause to believe he is either committing, is about to commit, or has committed a crime.

Of course, in Nevada you are not required to identify yourself to the police unless you have been legally detained or are under arrest. However, the police are in fact required to give their name and badge number and, in spite of that, every one of them refuse to do so when it is requested.

In the end, having realized that their attempts to intimidate Carter have very badly failed, the half dozen police and animal control officers walk back to their vehicles. In the process, one of the LVMPD gang members threatens Carter saying, “don’t let me catch you jaywalking” and “you better watch yourself.”

Click the banner to submit content to CopBlock.org

Click the banner to submit content to CopBlock.org

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 27, 2016
Department Involved: Las Vegas Metropolitan Police Department, Las Vegas City Marshals & Animal Control
LVMPD Phone No.: (702) 828-3111
Animal Control Phone No.: (702) 633-1390

Animal Control officers came to my house and asked for my name and to see my dogs because they had a report of a kid having been bitten five days earlier while riding a bike. I told her she had the wrong residence. She Continued to demand to look at my dogs and for me to tell her my name.

I still refused and then she called police from the Las Vegas Metropolitan Police Department. When officers from the LVMPD arrived they tried to further intimidate me in to giving them my identity. They continued with their efforts until I cited the requirements for a legal detention (and by extension an obligation to identify oneself in Nevada) under Terry vs. Ohio.

– Carter

1 Comment