This is Art Reyes, he tried to rape me, I won the case, he had to retire early, so did the two Sheriffs who were with him. It was terrifying, I have lots of pictures, it happened about a decade ago in Camp Cash Grab, when it was a wooded area free of meth addicts. I pull up Art Reyes picture, when ever I have to deal with dirty cops, to remind me that things could be worse and can only get better. It works
Sterling, 'the protector,' and his wife are in jail, this is the note that he wrote before the bike cops got him:
This camp burned to the ground; meth.
THE WEEKEND IN REVIEW: I saw this man (below) parking his bike under the tree, and I wondered how the property owner, who has no bike rack for customers, could accuse me of trespass with intent toward willful destruction of property, by just standing there, considering that everyone parks there, or walks there, to say nothing of smoking there, waiting for shoppers and so on, in the shade. I started to suspect mental illness:
The employee who fries fish takes his smoke breaks there on the island:
I've asked the police why they do not feel that it's their responsibility to arrest people who harass law abiding citizens, particularly me, with unlawful arrest threats. They don't say, but I'm guessing they are just stupid; the way that they rail around as if they are enforcing the law, when they know that they are violating it, "I'm not telling you how to do your job, but when someone harasses me with arrest threats in the absence of a violation of law, you probably are supposed to arrest that person." Instead they just start screaming at me that I am going to be arrested, which is a lot of trouble, but worse for the tax payer who has to fork over the millions in damages that judges award when cops make mistakes like that. So far they have arrested me; hand cuffs and all, twice in seven days, for "Trespassing,' and threatened me about five times, I tell them every time that the criteria for a California Penal Code section 602 (t) is prior convictions at that location, and I have no convictions at any location.They are getting dangerous, because they act like rats backed into a corner, no one, least of all me, is buying their bull that I am a trespasser, and now they might take desperate measures to avoid the obvious repercussion of having to lose twice in a row in federal court on a FC section 1983 False Arrest claim.
They went That-a-Way:
Later the same day: Same crap, "you're going to jail, oh, sorry our mistake, we have no idea of what we are doing from one minute to the next, but we have guns, and we get a pay check. (OMG): Well at least it was the return of the cute ones from the previous Sunday, April 23, 2017:
And his tactful partner: I wish that they would not say things like, when you ask them to identify themselves, "I don't know his mane, we just met." Very funny, OK, ha ha, but it really is unerving to have to think that in an emergency you are dealing with buffoons who don't even know each other's names. Like if you are hit by a car, and the responding officer is calling his partner 'You, hey you." Scary. Or you just have to assume that they are lying because they think that proper procedure is a joke:
These cops (above) were nice, smart, articulate, serious minded: They won't last six months, the others will boot them out in order to keep the standard low. Your tax dollars on vacation. I wonder what the others will do to me when they resign themselves to the fact that they are wracking up a lot of anger from the city council by arresting me on false charges so much. Usually cops who dig themselves in too deep get out by killing their witnesses, or victims. I'm not going to worry about it, they try it all of the time, I have no control over if they pull it off this time or not. So far so good, I mean, they really are stupid, it's unlikely that this will be the one time out of all of their attempts that they succeed at killing me.
Then, on Sunday, (April 30, 2017) the SAPD Officers Buchannan and his partner showed up: To accuse me of willfully inviting (unlawful) arrests, to make a civil rights statement. They could not quite articulate what that statement was, that I made, which seems odd, because if I'm there to get arrested for a statement, you would think that I'd have made it in such a way that it would be clear, unless the cops are just all around stupid, or lying. And then I knew; Santa Ana PD has gone mad. Officer Buchannan didn't see my tape recorder, or maybe he did but didn't know that it was on, and he didn't give me a chance to say so, which explains the fact that the officers lied in a steady stream of bullying skulduggery while barking at me that every thing I said would be recorded on tape. Their tape, which they can alter evidently. My tape recorded the entire arrest, intake, and everything said in Property the next day: Whoa, is it every an earful! Their police report will claim something very far from the truth.
Perjured statements in a police report result in the Officer being fired, the judge must require that the officer making a perjured statement, either in a police report or on the witness stand, forfeit his badge at the time that the perjured statement is made (right there in front of the entire court room). Perjury, the crime of lying under oath, is a serious offense because it can derail the basic goal of the justice system—discovering the truth. Even the famous and the powerful have faced the consequences of perjury, The witness must know that the testimony is false and must give it with the intent to mislead the court. (Which is what happens when the cop does not know the you were recording him; and blithely writes a confabulated police report, which he must read out loud to the court during the trial. If his police report does match the tape recording of the arrest, he is toast. Sworn, written statements submitted to courts or government agencies are statements made in a proceeding and subject to perjury laws. The false statement must be capable of influencing the proceeding – that is, it must have a relationship to the subject of the proceeding. This includes a false statement that would tend to mislead or hamper an investigation. Even where false testimony does not affect the outcome of a case, the lying witness may be prosecuted for perjury. For example, suppose an ex-cop is on trial for his involvement in a gambling operation. Several witnesses have testified to his involvement, but on the stand, he falsely denies any involvement. This denial would be a material statement, even though it arguably did not affect the jury’s finding of guilt (the jury had the other witnesses’ testimony to rely on). A person charged under a broad perjury statute (18 U.S.C. §1621) won’t avoid prosecution even by recanting during the same proceedings where he committed the perjury. If the Officer is charged under the second, narrower statute (18 U.S.C. §1623), by admitting to the prior false statement (in order to take it back), the witness may open himself up to prosecution under the broader statute described above (§1621). Testimony given by police who are ordinarily granted witness immunity may be prosecuted as perjury regardless. A person convicted of perjury under federal law may face up to five years in prison and fines. The punishment for perjury under state law varies from state to state, but perjury is a felony and carries a possible prison sentence of at least one year, plus fines and probation. Perjured statements in police reports are like land mines: Judges can punish a perjurer who lied under oath to hide or assist a crime in a way that goes beyond the sentence for perjury. He may also be charged as an accessory to the crime he was attempting to hide or assist, if that charge will carry a greater sentence. And a perjurer may even be charged as an accessory to a crime of which he is convicted, if he lied to conceal that crime. So, not only will the cop be held accountable for committing a perjury but also for aiding and abetting a False Arrest.
This is SAPD Officer D. Buchannan, he kept sticking his flag pin in my face and telling me that he knows all about civil rights, while he was violating mine, with yet another False Arrest, he said that he served his country. Finally I asked someone how anyone who was in the military managed to get it so screwed up; the answer, "He was in the Coast Guard." I wonder where he was deployed, to the combat zone of the SF Bay marshlands perhaps? Or maybe the Point Reyes light house war zone. He acts like an alcoholic, which most Coast Guards are. He apparently was not aware of my tape recorder because he left it on during the arrest and after, in fact it was still recording when I got my things back from Property Retrieval, 12 hours after the arrest. The recording is perfectly hideous; when he asks me what I am doing at Mom Supermarket, I tell him I'm waiting while they fry the fish I just bought, I showed him my ticket, he said, "You don't have any money for fish." Actually cat fish was on sale, so just about anyone and everyone with a dollar fifty had enough for a fish, I had about ten bucks. It was delicious, I ate one fish while I was there, and I bought another to take home for breakfast. I have been doing that every Sunday night for three years. (Not very observant for a police officer is he?)
Officer Buchannan asked what I was doing when I got here earlier in the day, at 4:30PM (it was about 7PM when he arrived to arrest me):
I tried to go into the Market, at 4:30PM, the guard, Mr. Corona, blocked my path demanding that I answer questions, I said no. Oddly he insisted that a 'conviction' and warning from a security guard are the same thing, "Yes that's a conviction, all I have to do is write you up, and it counts as a conviction." This one speaks English, he just has no idea of what the words mean. Fine it all wracks up a bigger and bigger damages award. The worst of it is how this cop, property manager, security guard, parking lot owner clique have determined that they can do no wrong and I am a criminal. It's a group think mental illness as best I can tell. All of their lies and contrivances are fact, and the facts are wrong. I taped the entire interaction with all of them because it is unbelievable unless you actually hear it or read the transcripts.
Mr. Corona staring us down from a distance (above center).
Corona decides to move in for the kill
Corona snarling his way across the parking lot to harass me
"I'm going to have to get your information!"
I told the security guard, Mr. Corona, that panhandling is defined a "accosting,' someone unless I detain someone I'm not panhandling, and since the only people who I talk to are people who approach me, just Buddhists, I do not meet the criteria of soliciting or pan handling; "sitting or standing by a wayside" is unconditionally lawful in any public thoroughfare. Six cops and now Corona had been arguing that the parking lot of the Mom Supermarket strip mall is private property, and therefore is not the public thoroughfare, insisting that I have the sidewalk confused with areas traversed for access to public places, such as stores. They keep telling me that the bus stop is the public thoroughfare and I should go there, unless someone in an adjoining business or residence asks the police to tell me to move, 'like if someone calls the cops and says they don't feel comfortable with you there, and then you would be arrested.' I asked him what crime I would charged with, 'discomfort?' He said, "No, you would charged with trespassing." He mean 'disorderly conduct,' but sitting at a bus stop does not meet the criteria, yet, Corona insisted that if someone is sitting at a bus stop and misses more than two buses that's a jailable offense. Maybe Corona and his cop buds should start their own law school, with their 'make it up as we go for our convenience' version of the law. His guard company, Landhousingsecurityservices, has staffed itself with very stupid people, Corona, for example, who imagine that he is so smart that he will rewrite the Trespassing code and the Soliciting code and the judge will thank him for it, 'Mr. Corona, that's brilliant, why aren't you at Harvard!: We don't need judges on the bench we need lying conniving security guards and crooked cops! The bullies of society! What ever made me think that scholars should interpret the law when we have morons with badges to do it? Move over Laurence Tribe, make room for Mr. Corona!"
On the Saturday before the second arrest, the security guard tried to have one of the market regulars who lives across the street arrested, and the guy assaulted him, the guard fled, but not before calling the cops, who came and went, the perpetrator hid and jumped out at the guard on the guards rounds. I get the feeling that these guards are trying to make it look like they are doing a job, by creating disturbances and crimes where there are none; the guard started it by being so belligerent to the shopper, who looks homeless but is not. The guard had followed me into the the liquor store when I was in there getting a Mountain Due, o April 30, 2017, a few hours before the second arrest so he heard the Liquor Store owner talk about how much they hate the new guards for stalking all of their customers with arrest threats, (see voice activated tape recorder) I bought a fish just before 5PM, finished it at 5:30, talked to a friend who came through on a bike, he lives in the same apartment building as the guy who decided to retaliate by jumping out at the guard, (again, we talked about what an asshole the new guards are for harassing everyone with arrest threats).
My young student showed up, a few minutes later, and we talked for a while, he and his mom went inside of Mom's to get fish, we talked again when he and his mother came back out of the store, I decided to get another fish at about 6PM, for Monday ) I went back to the Liquor Store and bought a peach tea. I read some of my case documents for a year old small clams no show case that I have to turn in a felony evasion of service motion on, which would take all day Monday, at the Law Library and Court, I said a mantra for while, but the insufferable guard kept harassing me and overlooking meth addicts dipping in and out of the liquor store and at the far end of the parking lot, where they preying on shoppers putting groceries in cars; I pointed them out to him, he left, came back, and threatened a lady shopper who is related to the cart herder, she was just sitting there by the cart coral with her cart full of groceries waiting for her ride, the cart herder straightened the guard out.
I was too tired to run that whole thing down to Officer Buchannan, so in answer to his question I told him that, "I was meeting with one of my students." Buchannan snapped, "You don't have any students." Not only do I have art students, but I have thousands of pictures of their drawings, because all of my friends stick their kids with me when they go shopping, over twenty years that's a lot of art lessons, and, my voice activated recorder was on when my budding artist and his mom showed up, shortly before the second arrest, so, I have the entire meeting about art on tape, my student is only six years old, so, it's truly cute; we talk about the time that he drew his mom's portrait. He wants to be a good Buddhist; he says that he is going to give me a dollar, when they finish shopping (one of the ways that Buddhist show their compassion, mostly on Sunday, the rest of the time they forget completely about 'the suffering of all sentient beings.' I told the kid's mom that he is good boy; she beamed with pride when he translated into Vietnamese. There is another kid who comes to visit on Sunday, as a special part of his socialization, this is an important point of pride for parents; most people just happen to be going to the market when I connect with them, it's not like they have to go out of their way.
I explained all of that to Officers Creepy and his sidekick, when, they started screaming at me to get out, “Go To The Bus Stop. I don't care where you go but get out of here or you are going to jail.” I asked, "Why, none of my friends take the bus, I'm here because this is where they shop and it makes it easy for them to find me. I don't speak Vietnamese, the Temple service is in Vietnamese so I just wait for someone to come and tell me in English what went on and what's coming up, sometimes speakers from Tibet are in town.
This masterpiece was created during our four minute warm-up sketch session on lunch bags.
While
I was in his squad car he was going through my stuff that he put in his
trunk; he referred to me as a “dirty transient with
no money,” because he didn't think there would be a permanent record.
She did not book my money into property, she and Officer S. Buobo, obviously planned to steal it. Like they got their bottom of the barrel job by pulling a fast one on bag ladies. She announced, "No money Nancy?" Sarcasm after the fact of their decision to leave me with none. They didn't steal it because I threw an accusatory snit fit: When she said, "So, no money Nancy?" I said, "What, did he steal it, I had two dollars in my black purse and about six dollars in my computer bag..." I had a small amount of money in each bag, like 4 dollars here and two dollars there, three dollars in another place. But none of it was booked into Property. It was all there when I retrieved everything the next day.
She did not book my money into property, she and Officer S. Buobo, obviously planned to steal it. Like they got their bottom of the barrel job by pulling a fast one on bag ladies. She announced, "No money Nancy?" Sarcasm after the fact of their decision to leave me with none. They didn't steal it because I threw an accusatory snit fit: When she said, "So, no money Nancy?" I said, "What, did he steal it, I had two dollars in my black purse and about six dollars in my computer bag..." I had a small amount of money in each bag, like 4 dollars here and two dollars there, three dollars in another place. But none of it was booked into Property. It was all there when I retrieved everything the next day.
The
worst thing was that Officer Buchannan and his Mexican side kick
refused to take my bike, rather they abandoned it at the
Market, where it was not locked, inviting theft. On the tape you can
hear me ask them to get it; I tell them that it's not locked. They
give each other knowing glaces, I ask them to get it, again and
again, they go get the groceries off of it, finally I say, "OK
get my bike all you have to do is slide the bull dog lock open, and
just pull the lock on the handlebars apart, then Officer Buchannan
snaps, "no we aren't going to because, It's locked," I explain again that leaving it
is a procedural violation, “Don't leave it for your gang buddies to
steal; when you arrest someone, me, who is not in the commission of a
crime, it makes it look like you are running rackets in the parking
lot for kick-backs, getting rid of witnesses: You won't take the bike to property for
safekeeping because you promised it to some racketeer who kicks back
cash to you."
I asked Officer S. Buobo why Officer like Buchannan would enact that kind of misconduct, “Why would he do something malevolent like that, I can hardly walk and that bike is my only means of transportation?” She said, "Maybe he is tired of you, Nancy." "Does that justify ignoring procedure?" She was all for it, as if it made her the prom queen, sailing around the dance floor, all eyes on her, the benevolent queen granting favors and allowing misconduct. I asked for her name, she said her name was Wilkins. I described her to the other booking officer as 'the enabler of dirty police work. she may or may not be doing it, but she is enabling it by endorsing it, and should be reported to Internal Affairs. He told her what I had said. Suddenly she was apologizing right and left, "I told you my name is Craft, remember," I replied, "You told me your name is Wilkins and your badge states S. Buobo, not Craft." She said, "No, I just got married I just have not changed my tag yet." She was falling all over herself to get me to change my mind about reporting her to IA, by any other nae but particularly not by the name on her name tag. She continued, "Nancy I went way out of my way to get you out of here by 11:00 PM,so that you could go home..." In fact, what she did was tell me in a steady stream that I was not getting out until 5AM because I had the nerve to get arrested again. For some reason suddenly she and the equally idiotic ding bat in the release area got on a rant yelling at me that I had been arrested three times: In reality, I had been arrested on the previous Sunday, which makes it two times, counting the Sunday at issue. I said, "You may have conspired to arrest me on this past Tuesday as well, everyone seems to think that I was arrested three times, but in fact I was not. You should be concerned about not arresting people on false charges. I have not done anything to be arrested for." They started screaming at me again about being arrested three times, finally I said, "My getting arrested is not on me, it's on you, it's the arrest that is unlawful, the arresting officers broke the law; not me. Think of how much money you are costing the tax payer." Officer S. Buobo was pleading with me not to report her to IA. She kept making a big deal about not keeping me all night, she said, that the tax payer's cost had been mitigated. She kept telling me over and over that she isn't a bad cop, I told her that she is an enabler, she said, “But before when you said that we are all wearing the same uniform, and since Buchannan is bad we are all bad by proxy, that's not true of me too is it?She was trying so hard to be friends. I told her that she is one among an entire barrel of bad apples. I told her that the arrest had been terrifying; dirty start to finish: “In the back of Officer Buchannan's squad car he asked me if I had any family or any relatives, when I said no, he double checked to make sure that anyone who might care about me was dead, 'What about kids, a husband, anyone, do you have any relatives,' he was going to assault and batter me, and obviously you and he were going to rob me, in the squad car he said, 'All dead, awww, that's too bad, I'm so sorry about it,' I told him, If you have so much time to be sorry turn around and go back for my bike, then he turned up the heavy metal music. I know from observation and experience that's what cops do when they are going to beat someone up or rape me, they cover it with loud music, he thought he could get away with it, since no one would come looking for me; no family. They are not allowed to turn off the recorder so they just drown out the battery with heavy metal, he got an emergency call: if not he was going to teach me a lesson." I'm guessing they had planned for me to be hospitalized, which might be why the med tech wanted me to sign a release for medical procedures: med techs don't do that unless you are very ill, or they planned it that way. (The most vicious batterer in jail is the nurse because she can get away with it the easiest.)
I asked Officer S. Buobo why Officer like Buchannan would enact that kind of misconduct, “Why would he do something malevolent like that, I can hardly walk and that bike is my only means of transportation?” She said, "Maybe he is tired of you, Nancy." "Does that justify ignoring procedure?" She was all for it, as if it made her the prom queen, sailing around the dance floor, all eyes on her, the benevolent queen granting favors and allowing misconduct. I asked for her name, she said her name was Wilkins. I described her to the other booking officer as 'the enabler of dirty police work. she may or may not be doing it, but she is enabling it by endorsing it, and should be reported to Internal Affairs. He told her what I had said. Suddenly she was apologizing right and left, "I told you my name is Craft, remember," I replied, "You told me your name is Wilkins and your badge states S. Buobo, not Craft." She said, "No, I just got married I just have not changed my tag yet." She was falling all over herself to get me to change my mind about reporting her to IA, by any other nae but particularly not by the name on her name tag. She continued, "Nancy I went way out of my way to get you out of here by 11:00 PM,so that you could go home..." In fact, what she did was tell me in a steady stream that I was not getting out until 5AM because I had the nerve to get arrested again. For some reason suddenly she and the equally idiotic ding bat in the release area got on a rant yelling at me that I had been arrested three times: In reality, I had been arrested on the previous Sunday, which makes it two times, counting the Sunday at issue. I said, "You may have conspired to arrest me on this past Tuesday as well, everyone seems to think that I was arrested three times, but in fact I was not. You should be concerned about not arresting people on false charges. I have not done anything to be arrested for." They started screaming at me again about being arrested three times, finally I said, "My getting arrested is not on me, it's on you, it's the arrest that is unlawful, the arresting officers broke the law; not me. Think of how much money you are costing the tax payer." Officer S. Buobo was pleading with me not to report her to IA. She kept making a big deal about not keeping me all night, she said, that the tax payer's cost had been mitigated. She kept telling me over and over that she isn't a bad cop, I told her that she is an enabler, she said, “But before when you said that we are all wearing the same uniform, and since Buchannan is bad we are all bad by proxy, that's not true of me too is it?She was trying so hard to be friends. I told her that she is one among an entire barrel of bad apples. I told her that the arrest had been terrifying; dirty start to finish: “In the back of Officer Buchannan's squad car he asked me if I had any family or any relatives, when I said no, he double checked to make sure that anyone who might care about me was dead, 'What about kids, a husband, anyone, do you have any relatives,' he was going to assault and batter me, and obviously you and he were going to rob me, in the squad car he said, 'All dead, awww, that's too bad, I'm so sorry about it,' I told him, If you have so much time to be sorry turn around and go back for my bike, then he turned up the heavy metal music. I know from observation and experience that's what cops do when they are going to beat someone up or rape me, they cover it with loud music, he thought he could get away with it, since no one would come looking for me; no family. They are not allowed to turn off the recorder so they just drown out the battery with heavy metal, he got an emergency call: if not he was going to teach me a lesson." I'm guessing they had planned for me to be hospitalized, which might be why the med tech wanted me to sign a release for medical procedures: med techs don't do that unless you are very ill, or they planned it that way. (The most vicious batterer in jail is the nurse because she can get away with it the easiest.)
He made it sound so
causal and matter of fact, in reality, I had asked him why he didn't
Mirandize me: When
we got to the station Officer Buchannan told the booking officer that
he turned up the music because I was a talker.
For the entire duration of the arrest I
was sure that Officer 'Creepy' Buchannan and his partner, Officer 'hostile
Mexican cop:'
were going to kill me. It was the most nauseating experience of my life, I told Booking that it was a dirty arrest; Officer Buchannan went into a tail spin, I'm guessing he already told his buds in Booking that it would run smoothly, he would beat me and they would hospitalize me, everyone would accomplish what they set out to do; steal my cash and teach me a lesson, how dare I proclaim my innocents, they set out to teach me a lesson for "getting arrested three times" and "wasting our time," except that I was arrested twice total, unlawfully, in the absence of a crime, at considerable cost to my failing health; terrorized. My time had been treated like a disposable non-comodity. I said to Buchannan, "I know you were not in the Marines, a Marine would never do what you did.”
The tape recorder was going the entire time. It was weird how sarcastic Officer Buchannan was, and how sarcastic Officer Snarky Tart S. Buobo was while she fingerprinted me: They think that no one is looking, or taping, cops are very smug, until someone is looking, Officer S. Buobo said things like, 'so, why didn't you follow in your parent's footsteps; become a doctor...' That seems benign enough, until you take into consideration that she had been giving me the 'We are Tired of you Bag Lady; and Now You Must Pay,' treatment all evening, intimating that they were ready to teach me a lesson that I would never forget: I told her that Civil Rights work is more respectable, than my parent's legacy, and that, in fact, I had done other things in important venues. She started to surmise that I might not be isolated; easy prey for the 'pickins,' it made her very panicky. I said, "I don't care much about money, but I do think it's cool that when I call the ACLU the person who answers the phone knows who I am. Same goes for Google and Apple..." The jail med tech looked very put out; she had asked me to sigh a form allowing them to perform medical procedures, but I had said absolutely not. I signed everything from then on "Under Duress," including the citation.
were going to kill me. It was the most nauseating experience of my life, I told Booking that it was a dirty arrest; Officer Buchannan went into a tail spin, I'm guessing he already told his buds in Booking that it would run smoothly, he would beat me and they would hospitalize me, everyone would accomplish what they set out to do; steal my cash and teach me a lesson, how dare I proclaim my innocents, they set out to teach me a lesson for "getting arrested three times" and "wasting our time," except that I was arrested twice total, unlawfully, in the absence of a crime, at considerable cost to my failing health; terrorized. My time had been treated like a disposable non-comodity. I said to Buchannan, "I know you were not in the Marines, a Marine would never do what you did.”
The tape recorder was going the entire time. It was weird how sarcastic Officer Buchannan was, and how sarcastic Officer Snarky Tart S. Buobo was while she fingerprinted me: They think that no one is looking, or taping, cops are very smug, until someone is looking, Officer S. Buobo said things like, 'so, why didn't you follow in your parent's footsteps; become a doctor...' That seems benign enough, until you take into consideration that she had been giving me the 'We are Tired of you Bag Lady; and Now You Must Pay,' treatment all evening, intimating that they were ready to teach me a lesson that I would never forget: I told her that Civil Rights work is more respectable, than my parent's legacy, and that, in fact, I had done other things in important venues. She started to surmise that I might not be isolated; easy prey for the 'pickins,' it made her very panicky. I said, "I don't care much about money, but I do think it's cool that when I call the ACLU the person who answers the phone knows who I am. Same goes for Google and Apple..." The jail med tech looked very put out; she had asked me to sigh a form allowing them to perform medical procedures, but I had said absolutely not. I signed everything from then on "Under Duress," including the citation.
There
is always more fun and games just around the corner, with the cops. When I got to property retrieval the next morning I was promised by an angry Internal Affairs officer that I will
get arrested again, (the same one who told me that the first arrest was invalid) the fun never ends. It never ends well for them,
anyway, because this sort of skulduggery is exactly why they get shot
at routine traffic stops:
May
1. 2017,
Today
I wrote this message to Angela Berry-Jacoby JD:
Dear
Angela, I was arrested twice, first on Sunday April 23, 2017, and
again on the following Sunday, April 30, 2017, for a violation of CPC
section 602 (t), which requires prior convictions at that specific
location; Mom Supermarket 5111 W. Edinger St, Santa Ana, CA: I have
no convictions at any location:
California
Penal Code section 602: Trespass
(t)
(1) Entering upon private property, including contiguous land,
real
property, or structures thereon belonging to the same owner,
whether
or not generally open to the public, after having been
informed
by a peace officer at the request of the owner, the owner's
agent,
or the person in lawful possession, and upon being informed by
the
peace officer that he or she is acting at the request of the
owner,
the owner's agent, or the person in lawful possession, that
the
property is not open to the particular person; or refusing or
failing
to leave the property upon being asked to leave the property
in
the manner provided in this subdivision.
(2)
This subdivision applies only to a person who has been
convicted
of a crime committed upon the particular private property.
California
Penal Code section 602: Trespass “...Subdivisions shall not apply
to persons on the premises who are engaging in activities protected
by the California or United States Constitution.
"This
subdivision," refers to subdivision (t) in its' entirety,
including (1) and (2) which are not divisible from (t) or from each
other; they are inextricable: California Penal Code section (t) (1)
and (2).
On
Tuesday, of the same week, (April 25, 2017) a Santa Ana Police
Officer rolled up on me at the Mom Supermarket strip mall and told me
that he was going to arrest me for the same charge, he said he was
going to get a translator because the guard who he was having sign the
Citizen Arrest form did not speak English; that Officer never
returned. But a while later the officers who had arrested me on April 23, 2017,
arrived to arrest me again, I explained that Officer Gutierrez of Internal
Affairs had already stated, on the previous arrest Internal Affairs complaint that subsection (t) is not divisible from (2) and
therefore I did not meet the criteria for an arrest. Those two officers
left happy, and told me that I could stay at the strip mall for as
long as like, in whatever endeavor I chose to pursue: I
was waiting for a friend shopping inside of the Market.
I
was in custody for four hours, both times, (meeting the criteria to sue
for a violation of Federal Code section 1983: False Arrest, which
allows for recovery of damages in the amount of three million
dollars.
Regarding
the first arrest, of April 24, 2017, Officer Gutierrez of Internal
Affairs said that the arresting officer was a trainee and had made a
procedural error, rendering the arrest invalid, (see tape) but, when I submitted
a complaint regarding the second arrest (of April 30, 2017), Officer
Gutierrez flew into a rage, “I have it in the system! You were
arrested again! Maybe you better find some place else to hang out, if
you go back there you will be arrested again.” I don't think that the term "hang out," is an appropriate description for lawful activities that are none of their law enforcement business. I turned in an
Internal Affairs complaint ON Gutierrez for harassing me with the
threat of arrest in the absence of a crime, and in the absence of any criteria for an
arrest under any of the laws of the state of California, particularly the code section at issue CPC section 602 (t). I suggested that the police
should stick to arresting criminals; individuals who are in the
commission of criminal acts, rather than wasting my time, Officer Gutierrez
countered that in his opinion I was wasting their time.
The
arresting officers have conjured so many versions, variations, and recreations of section 602 (t),
baring no resemblance to the letter of the law, that I thought you
might like to take a shot at interpreting the code. And nailing the
errors in the various officer creations. For starters both arrests were
charged as misdemeanors when, in fact, CPC section 602 (t) is a
felony. The first arrest was creative in that the officer simply
dumped section (2) which states that I would have to have been
convicted of a crime at that specific location to be charged with a
violation of law. I suppose he thought that it was very crafty; to
drop (2) and convert CPC 602 section (t) to a misdemeanor from a
felony, which, as far as I know, invalidates the charge as factually
inaccurate on it's face. (Cops are not allowed to recreate the codes).
At the scene of the second arrest, (April 30, 2017) the arresting
officers deemed subsection (2) to be “an enhancement.” Again this
is very creative, if spurious, because enhancements regard sentences
not charges. I taped all of the above encounters.
Thank
You, Nancy Wood
From Angela:
PC 602 is trespassing generally. Subdivision (t) applies only where the person has previously committed a crime on the property, as you say. What is your question? Whether you were properly arrested or whether you can be prosecuted under that subdivision? If the latter, they won't be able to prove it. If you are wanting to seek justice for a wrongful arrest, that will be difficult because the officer will have immunity except for outrageous conduct.
Nancy Responds,
Thanks Angela, I'm guessing that they will arrest me and jail me several more times, on the same bogus Trespass charge, which means no immunity, considering that there were, so far, ten officers making arrest threats, and 6 actually participating in the two incarcerations. That's very egregious, it will be a slam dunk in Fed Court on a section 1983.
PC 602 is trespassing generally. Subdivision (t) applies only where the person has previously committed a crime on the property, as you say. What is your question? Whether you were properly arrested or whether you can be prosecuted under that subdivision? If the latter, they won't be able to prove it. If you are wanting to seek justice for a wrongful arrest, that will be difficult because the officer will have immunity except for outrageous conduct.
Nancy Responds,
Thanks Angela, I'm guessing that they will arrest me and jail me several more times, on the same bogus Trespass charge, which means no immunity, considering that there were, so far, ten officers making arrest threats, and 6 actually participating in the two incarcerations. That's very egregious, it will be a slam dunk in Fed Court on a section 1983.






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