-Caveat Lector-

In a message dated 12/31/98 [EMAIL PROTECTED] writes:
<snip>

>  EVENT:    After crossing the street (Le Conte, going south on Westwood)
>  legally.  Two cars attempting to make a left hand turn into traffic drove
>  into the pedestrian zone - insisting by their movements that I needed to
>  hurry and get out of their way because traffic was now coming at them.  In
>  other words, they were about to be hit, and I was just soft sided
>  pedestrian.  It was the third time that week that this had happened.  I
>  suddenly was overcome with "road rage" pedestrian-style.  There was no
>  vehicle traffic either north or south on Westwood, but the light was still
>  green.  To express my anger, I crossed against the light.  There was no
>  traffic coming, please remember that.  Yes, I was jay-walking.  Maybe for
>  the third time in my life.  A UCLA squad turned on its lights while
crossing
>  Le Conte going south - against the light.  The officer got out and asked me
>  for some I.D.  I did not have any.  I had taken the bus to work (therefore,
>  I do not usually carry my driver's license), and my I.D. badge was in my
>  desk drawer in my office - a block from where I was standing.  The officer
>  asked my once again to produce some I.D.  I stated that I was homeless (I
>  live in an RV on the streets of Los Angeles, the people I work for know
>  this, it is no problem - I am clean, dress nicely, and do my job).  I also
>  stated that I had no I.D.  Whereupon, he made a statement - which I could
Speaking from the point of view of a former police officer, it is no surprise
that a person that has no  ID and admits to be homeless will
garner more police interest then a person with ID.
  The unfortunate aspect of this case is how the cops handled it.  The could
have
handled it reasonably, or outrageous.  Sounds to me like they took the
outrageous
approach.

>  not hear - into the receiver around his neck.  Within a minute, we were
>  surrounded by patrol cars.  The Watch Commander jumped out, and ordered me
>  to spread eagle and bend over.  My purse and brief case was already sitting
>  next to the first patrol car where I had been ordered to place them.  From
>  almost the beginning, I had been calling attention to passer-by on the
>  street that I was homeless without I.D. and that was the reason I was being
  Another possibility exists that the police had been looking for some suspect
in a case and you fit the *general description,* so they detained you in an
attempt to
check out your ID.  Still the conduct was outrageous.

>  held.  At one point, after the female officer had hand cuffed me and was
>  doing a physical search - i.e., this is no exaggeration, shoving her fist
up
>  my crouch three times - no, NOT just running her hand over my body; plus,
>  pinching my breasts in circular motions - also three times.  Finally, I
>  asked the officer next to me why I was being arrested.  He stated "because
>  you have a big mouth."  I repeated this statement to anyone who was passing
  If this is all that happened and a bystander wintess will come forward and
verify your story, I would suggest that you get an attorney and sue them.

>  by.  I was being arrested for having a big mouth.  Whereupon, the officer
>  stated he was going to pepper spray me and throw me in jail with gang
>  members.  I was in fact crammed into the first officer's squad and driven
to
>  a cell in the Campus Police Station.  Even though, on the very short drive
>  to it, I remembered that I in fact had my driver's license because I had
>  brought my credit cards with the intention of getting some cash out of the
>  ATM on the way home, to tide me over the long 4 day weekend - Christmas!
No
>  matter.  I would still need to be put in a jail cell, provide fingerprints
>  and photo (of a very tired lady with unkempt hair - who knew).  Yes, I was
>  given a ticket.  There was some confusion on the part of the first officer
>  on the scene.  He did not know what to law to cite on the ticket.  I had
>  been arrested, not for jay-walking.  No, I am going to court because I was
>  unable to identify myself.  I wish this was the end of the story, and it
>  would have no importance for you.  But, it does not.
>
>  December 29, 1998 at 10:30 AM, I walked over the Campus Police Station to
>  get a complaint form.  I was made to wait 20 minutes with two different
>  excuses.  1) the Watch Commander was on the telephone with another citizen;
>  2) the Watch Commander was out in the field and would be returning.
>   Finally, at 10:50 AM, Lt. Manny Garza walked in and threw a red "visitors"
>  badge on the counter.  I told him I just wanted a Complaint Form that I
>  could fill out away from the station, as I was sure that the officers
>  involved in the event would see me there filling out the form.  Lt. Garza
>  said I would be fine, and he was there to convince me that the Campus
Police
>  were good officers.  We walked back to an interview room, and sat down.
  First mistake was talking to him.  You should have grabbed the complain form
and
left the station as you originally planned.    When citizens ask for a
complain form,
the first thing some superior officer is going to try and do is talk you out
of it,
BECAUSE THEY DON'T WANT THE COMPLAINT TO BE FILED.   Why?  Because
a file full of complaints makes the LT, or whom ever look bad because he is
perceived
as not supervising his officers correctly.   Not to mention a host of other
reasons.  Especially since it appears that they over reacted.
  Again, my suggestion is tell this entire story to a reputable attorney.

<snip>
>  What Do We All Learn From This:  DO NOT EVER be without identification or
>  you will be arrested under the VC 4032.  Yes, listen to me.  You will be
>  arrested.  You will go to jail if you cannot prove who you are, even if you
>  only jay-walked.  I am not kidding.  These guys were serious.  Lt. Garza
>  also stated that a "F1" card is filed with the Department of Justice.  Yes,
>  the DOJ.  This simply because you cannot identify yourself.  Attached to
the
  Yes, local law enforcement departments do keep a photograph and fingerprints
of everybody who has ever been arrested  BUT they do not send it to the
justice
department.  They keep them on file locally.
  If your photograph, fingerprints and this so called F1 card was in fact sent
to the
justice department, that should be something else the attorney looks into.
Perhaps you should file a FOIA request and get a copy of any files FBI, or DOJ
may or may not be keeping on you.  That way you can see if a file was
generated
on you.
  By the way have asked some other law enforcement agency what a F1 card is?
>
>  Just remember it all started with jay-walking and not having a way to
>  identify myself.  However, Lt. Garza said that all I had to do was give my
>  name.  Which I did, at the beginning.  It was Lt. Garza statement that the
>  computer could have been checked using my name, and my address asked for -
>  without me looking at the computer screen - just to see if I was who I said
>  I was.  BUT, that was not done.
  One issue with that.  Anybody on the street could have claimed to have
been you, or had your information.  What law enforcement likes to do is
connect a picture to an ID, i.e. the drivers license.
  No doubt that you got ticketed for jaywalking.  But were you also ticketed
for no ID?
  If so their would be an applicable Calif code violation listed and or local
ordinance.
  If you only got one ticket with one "violation" then you weren't ticketed
for no ID.

>
>  So, what was going on here?  Everybody was having a bad day.  It was the
end
>  of the shift (6:30PM) and the officers wanted to have some fun at the
>  public's expense?  Crime levels in L.A. are back to 1973 levels, and there
>  are more officers with up-to-date technology getting bored?
>
>  What do you think?
>  KK
>
  Sounds like over zealous officers.   By the way, while you are at home in
your RV,
keep a half an eye out to see if some of these same people are still
"monitoring you."
   I think you should tell the story to a reputable attorney and see if you
have grounds to sue them.  If he says yes, see if he will take
it on contingency i.e. he gets a percentage cut of whatever you win rather
then you
paying three hundred  or more dollars per hour in legal fees.

Cheers,
Robert

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