This post was originally shared via CopBlock.org‘s submit page. and posted to CopBlock.org. It’s being reposted here at Nevada Cop Block both because of the obvious relevance of it having happened in Las Vegas, and because Stubbs mentioned during one of his monthly “Know Your Rights” seminars that the court case resulting from this incident will be beginning soon (I believe he said in September, but I could be wrong about that).
In Las Vegas, the LVMPD regularly detains motorcyclists for minor traffic violations, and then keeps them for an extended period of time for “intelligence gathering.” On 11/14/2013, about a hundred motorcyclists were gathered in Las Vegas for a Southern Nevada Confederation of Clubs meeting. At this meeting, Attorney Stephen Stubbs was going to make a presentation on Constitutional Rights. However, Attorney Stubbs was pulled out of the building by other motorcyclists to help a member of the Bikers for Christ Motorcycle Ministry that was being detained by LVMPD.
Attorney Stubbs came out of the building; the detained member of Bikers for Christ immediately pointed at Stubbs and said, “That’s my lawyer.” Attorney Stubbs approached two LVMPD officers and one LVMPD Sergeant. Attorney Stubbs asked the LVMPD Sergeant if the man was being detained and the Sergeant said, “Yes, for a traffic violation,” then explained that they wanted to “question” him.
At that time, the video started.
Attorney Stubbs told the LVMPD Sergeant that he would be attending the questioning and the LVMPD Sergeant agreed and approved. Stubbs and the Sergeant had a brief discussion on the 5th Amendment Right to Counsel. A few minutes into the questioning, LVMPD Gang Task Force showed up and announces that it was now their investigation. LVMPD Gang Task Force Lieutenant Yatomi (P#6402) (this short little girl has MAJOR power trip issues) ordered Attorney Stubbs to leave so that LVMPD could question Stubbs’s client out of his presence. Attorney Stubbs refused to leave because of his client’s 5th Amendment Right to Counsel. LVMPD Gang Task Force Lieutenant Yatomi then arrested Attorney Stubbs for Obstructing a Public Officer. Attorney Stubbs was booked in the Clark County Detention Center and was released early the next morning. Attorney Stubbs has his first court date in March 2014 to face the charges.
Kelly is a lifelong resident of Las Vegas, who’s been very active in local grassroots activism, as well as on a national level during his extensive travels. He’s also the founder/main contributor of Nevada Cop Block, served as editor/contributor at CopBlock.org and designed the Official Cop Block Press Passes.
Connect with Kelly at these social networks; Facebook, YouTube and Twitter.
Posts like this make me wish I knew more about the law. If you’re just getting a ticket, it seems the cop can tell the lawyer to beat it. But if they announce that they’re “questioning” “interrogating” or “investigating” somebody, doesn’t that indeed trigger the right to not be questioned without an attorney present? I can’t really tell what all was said, I don’t want to blast my ears trying to hear everything above the background noise.
Whatever the above, I bet when they get to court the cops story changes to “We weren’t questioning him. We were investigating the scene”.
Typical desire by cops to piss all over rights that get in
the way. And ya, I’ll bet their story changes.
I haven’t even watched the video yet, but I am astonished that our resident group of trolls have not already stopped in to say how wrong the lawyer was and how great the cops are since all they wanted to do was ask the guy a couple of simple questions. Time will tell if they try to use their confuted logic, oh and I will watch the video when I have a chance, I do have a life; unlike, the I hope, off duty police officers that seem to live and die by what gets posted on this site.
The video doesn’t work.
Tim: we’ll see.
There is no ambiguity in this video. The person the pigs want to question asked for his lawyer, his lawyer was on hand, and the pigette ordered the lawyer away so they could question the suspect.
These swine actually manage to be a disgrace to American law enforcement, which is astounding considering the level of piggery that is considered standard operating procedure.
You can HEAR that worthless whore saying the suspect can answer the basic questions without the lawyer present, then arrest the lawyer for refusing the blatantly unlawful order to step away from his client for a bit of 5th amendment violation.
Anyone that sides with the pigs is a worthless piece of human trash, and doesn’t deserve to live in any civilized country.
Yes resident trolls.
Lets see here, Cop with very poor training, that thinks she is invincible, tries to intimidate/question a biker w/o any reason, his lawyer is their to protect him from over zealous cop, cop arrest lawyer thinking he is interfering but remember he protecting his client, lawyer sues wins big $$$$$$$$$; cop remains a stupid and poorly trained, end of story……
Las Vegas Metropolitan Police Department: Consistently breaking new ground in the total ignorance of law.
LAS VEGAS —
A Las Vegas lawyer representing biker club members in a federal police-harassment lawsuit claimed Friday that police retaliated against him by arresting him for trying to advise a client who had been stopped on a traffic infraction.
Attorney Stephen Stubbs said he was handcuffed and jailed for several hours Thursday evening on a misdemeanor charge of obstructing a public officer. He said he tried to invoke the motorcyclist’s constitutional right to have an attorney present during questioning by Las Vegas police.
“This was most definitely malicious,” Stubbs said. “Since when is an attorney arrested for standing up for his client’s Fifth Amendment right to counsel?”
Officer Jose Hernandez, a Las Vegas Metropolitan Police Department spokesman, said Stubbs was arrested on suspicion of obstructing officers who were trying to issue a ticket. Regarding Stubbs’ allegation, Hernandez said, “There is no harassment. He was arrested for obstruction.”
Stubbs said his client, a member of Bikers for Christ, was stopped outside a meeting involving several motorcycle clubs. The client was cited on suspicion of failure to signal a turn, failure to produce proof of insurance and driving without a motorcycle endorsement on his license. Stubbs said he will contest those charges.
Stubbs said he was separated from his client and taken to jail, where he was released early Friday and told to appear March 17 in Las Vegas Justice Court. He said he intends to fight the charge against him, which could carry a six-month jail sentence.
“I think there are larger issues here,” Stubbs said. “They’re trying to bully me off the case.”
Stubbs is representing members of biker groups, including the Mongols, Vagos, Stray Cats and Bandidos, in a federal civil rights complaint filed in June 2012 alleging harassment by Las Vegas and other area police.
It was filed a day after Mongols national leaders met in Stubbs’ hometown, Boulder City, under the watchful eye of hundreds of local and state police and federal law-enforcement agents.
The lawsuit seeks almost $12 million in damages on behalf of multiple clients from the Las Vegas Metropolitan and North Las Vegas police departments, Clark County Sheriff Doug Gillespie and individual Las Vegas, North Las Vegas and Boulder City police officers and supervisors.
The lawsuit was amended in October and is pending in U.S. District Court in Las Vegas.
Stubbs, 36, a tax attorney, characterizes the bikers he represents as members of fraternal organizations of motorcycle enthusiasts.
State and federal law enforcement generally characterize the groups as outlaw criminal enterprises.
Now there is a guy who represents some very “stand up clubs”. Won’t be long before he’s six feet under associating with that type of clientele.
As for the video, lots of back ground noise. Looks to me like this guy is trying to impress the 1%s to gain their “respect”.
/ Small minds find great refuge in shallow thoughts and false accusations.
The video doesn’t seem to jive with the story.
Now, admittedly there is lots of background noise….but I never heard the biker ask for counsel. That would be a key piece.
” Small minds find great refuge in shallow thoughts and false accusations.”
Copblocks new slogan?
You never heard it because as the STORY FREAKING READS the biker yelled out that’s my lawyer, THEN the taping started.
Reading and comprehension, folks.
From watching the edited video once, and checking the article, the biker was stopped for a traffic violation of some sort but I don’t think were are seeing the entire incident.
Seems Nevada has some “gang affiliation” statute. If the police were seeking information beyond the traffic violation, about his possible OMC affiliation, and the contact was not consensual, then I’d have to say that the attorney was right. The cop says “he can answer or not answer” which is correct. The biker can decline to answer any questions but sending the attorney away was probably incorrect as there are two issues at play, the 5th and the 6th. I don’t think that his presence “obstructed” her investigation.
Certain: right. The story reads that. But then the video doesn’t support it. Hence the statemtnthat that the ttwo don’t jive. Maybe you do need to work on your reading comprehension.
Dirty little brown nose badge lickers fighting! Love it you sad little worthless morons!!!!
Obviously this is corrupt, on tape and in your brown nose faces! The cops will lose this one, they should lose a lot more if there was real justice in this world… In fact if there was real justice, a lot of cops would be in prison for life and this situation would not have gone this far!
God bless us all…
Smiles a plenty! Or as that great musician once said
“Whoops there it is”
@t…SO, your issue is that the one statement the story clearly states is not on the video is NOT ON THE VIDEO?
While Stubbs has made quite a few claims about Clark County law enforcement, his claims have always shown to have merit, while the LVMPD has a storied history of lying to the public and condoning officer perjury through continued employment. Stubbs is the most credible party here.
Criminal: Did I say there was an “issue”? The “story” could easily read that someone confessed to killing JFK. That doesn’t mean that anyone did. All the vidoe shows is some guy trying to intimidate the officers. It could be about anything.
LOLOLOLOL. OK, braniac, so you’re saying the video doesn’t support something that the article says happened before the video started.
I’d have to agree with you a hundred percent on that one.
Hey donstanko –
I have it on good authority that the lawyer involved is Jewish.
A Jewish lawyer. Imagine such a thing. Next you’ll claim that a good part of Hollywood is Jewish, or some such nonsense.
But what’s your take on this article now? How could you possibly not support the cops persecuting one of the Jewish conspiracy members?
See? Just another example of how your bigoted nonsense is just that – nonsense spouted out by a nutcase.
I think the attorney for the criminals will have his charges dropped in court.
“All the vidoe shows is some guy trying to intimidate the officers. It could be about anything.”
Let’s assume for an instant that you can’t make out what the conversation is about and assess only what we see.
I see a man standing in the same spot while armed officers have him surrounded. You see the man who doesn’t move and is surrounded by armed officers as intimidating.
It takes some kind of serious pussy to be intimidated by a man who makes no threatening movements when you outnumber him five to 1.
So I guess we can all see what that makes you.
The bottom line is the officer knew who Stubbs was, knew he represented the biker and still demanded he leave her alone to question his client. She made her demands while armed and utilized the threat of arrest.
Under Nevada Law (specifically NRS 199.300) it is a CLASS C FELONY to “directly or indirectly, address any threat or intimidation to a public officer, public employee, juror, referee, arbitrator, appraiser, assessor or any person authorized by law to hear or determine any controversy or matter, with the intent to induce such a person contrary to his or her duty to do, make, omit or delay any act, decision or determination, if the threat or intimidation communicates the intent, either immediately or in the future….To subject any person…to physical confinement or restraint…”
If there is a single member of the Las Vegas Metropolitan Police Department infected by the corruption of power, he or she would have arrested Yasenia Yatomi by now.
Criminal: Check your reading skills guy. To quote me…”trying to intimidate”. To quote you…”have him surrounded”. Maybe youyrvision is the problem. You can’t read or see clearly.
YOU say the officer knew. Maybe, maybe not. You never hear the biker for Jesus gangmemeber ask for the attorneys assistance. Thereis no proof that it ever happened and likely didn’t.
So what you “know”….isn’tmuch. Maybe tthis went down just like some gang memebersaid it did, maybe not. This isn’t proof thatthe police did anything wrong.
t, you’re so fucking stupid as to defy rational explanation. His comment about having the guy surrounded is not a claim that you said anything. You said he was trying to intimidate, Clark Co response was that he saw a guy surrounded. You make no fucking sense whatsoever. And no matter spell check, auto-correct, or whatever the fucking excuse of the week you use, your posts are barely literate most of the time. Ignorant freaking troll.
In all accounts of this matter it is plain to see that there are civil rights violations here that will not be protected by the qualified immunity protection. The lady cop clearly should have known better and the other cops involved can not get away with obstruction.Or maybe the lady cop shouldn’t be considered a reasonable person as she is to stupid to understand the constitution and should be fired.She has opened the LVMP to a multy civil rights suit from both parties, lawyer and citizen. Even if the local courts get a conviction,the higher courts will see through the inljustice. All so stupid.
Certain: No…it’s a claim that they had him surrounded. They didn’t. You need to read guy
Acknowledging posts by “t” is equivalent to accepting disinformation as truth.
yeah, these baby raping fucktards won’t troll this one because it has video, and clearly shows a shitty cop fucking up.
CO: How am I putting out disinformation about a video that you can watch for yourself ?
Cha-ching! That’s the sound of the Las Vegas cash register being opened to pay a settlement to this attorney.
Yeah, I hope he sues them and he certainly deserves whatever he gets. It’s just unfortunate that the ones actually committing the abuse won’t be the ones paying for it.
He’s a phony baloney woman basher and uses his ‘clout’ to chase minority women out of town. He is a liar and supports police mishandling of evidence and publicly calls a victim’s mother a liar who deserved to get verbally assaulted by police and mongol gang members.
all those police who tell people they can’t practice being an internet lawyer and beat them blind for trying to exercise their rights
here we have a true blue legal council being told his right aren’t allowed to be used
such bullshit, such intense bullshit
this legitimately makes me angry, their basically saying with no shadow of doubt the law does not matter and personal liberties do not apply
fuck those people they are city run criminals
Guilty until proven innocent . So many innocent people in jail because lazy cops found someone they could run over !
Pigs need a pen. Even if it’s a camera pen. ..
He should have exercised his right to use lethal force against an unlawful arrest.
Is there an update for this? His day in court was supposed to happen in March, but I can’t find anything on Google.
Here you go:
Holly crap………. I went to school with this person back in the 80-90s. I remember him, smart and quintuplet at that time and a band geek as well. But to see him as an attorney today. Good.. and to see him stand up for peoples rights good job.
He needs to sue the hell out of Metro.
Glad to find out Las Vegas doesn’t support constitution. We will no longer go to NM for vacation nor take conferences there. Not good for attendees.
This is actually the Las Vegas in Nevada, not New Mexico, but I appreciate the comment and don’t blame you for feeling that way.