FOR IMMEDIATE RELEASE Media contact: Franklin Perez, 2010 Libertarian Florida State House Candidate (District 33) Direct: (407) [email protected]
Franklin Perez Harased by Police Libertarian State House candidate's 4th amendment rights violated. Winter Springs -- On the late morning or early afternoon of October 13, 2009, Franklin Perez, the 2010 Libertarian Florida State House (District 33) candidate, was stopped by Winter Springs Police Officer J. Garcia in the vicinity of Arabian Avenue, Pony Court, Morgan Avenue, or Stallion Court in a residential area of Winter Springs, Florida. Officer Garcia explained that he was responding to a complaint about someone taping solicitation flyers on residents' houses in the area. Mr. Franklin Perez explained to Officer Garcia that he was in the area passing out flyers that stated the following: "Lost Verizon Wireless Cell Phone in the area of Arabian Avenue, Pony Court, or Stallion Court.... Will offer $80 Reward for Cell Phone Retrieval! Please call Franklin Perez at (407) XXX-XXXX xXXXX or E-mail me at [email protected] if found.... Thanks!" Mr. Franklin Perez explained to Officer Garcia that he had lost his cell phone on the evening of 10/12/2009 during a routine quality control precinct walk. Officer Garcia then asked Mr. Perez whether he had any weapons. Although not required by Florida law to divulge that information, Mr. Perez decided as a courtesy to Officer Garcia to state that YES he did. Officer Garcia then told Mr. Perez to place his hands on the hood of the car; Mr. Perez complied. Mr. Perez explained to Officer Garcia that he did have a Concealed Weapons License. Officer Garcia then asked Mr. Perez where his weapons were, and he explained he had two firearms - one in his fanny pack and the other in my pocket. He proceeded to remove Mr. Perez's fanny pack and the firearm in his pocket. Mr. Perez gave Officer Garcia his Driver's License and Conceal Carry License. Officer Garcia then called dispatch on his walkie-talkie on his shoulder to confirm the Conceal Carry License Number and Mr. Perez's Driver's License Number. He also went ahead and ran the numbers on Mr. Perez's two firearms to determine if they were legitimate or stolen. Everything came out clean and legitimate! The Fourth Amendment to the United States Constitution states the following: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Mr. Perez politely told Officer Garcia that this search and seizure of my firearms was excessive. Officer Garcia stated the following: 1) He does this to anyone he stops that states that they have firearms. 2) He does not know whether I'm a good or bad person, so he has to determine that. Mr. Franklin Perez finds his statement "I do not know if you're a good or bad person" incredulous! Franklin Perez os suppose to automatically "trust" him, but he cannot give Franklin Perez the benefit of the doubt? He assumes that ANYONE with a firearm on him/her is to be distrusted? Franklin Perez has to prove to HIM that Franklin Perez is a good person BEFORE he trusts Franklin Perez? This makes no sense and is counter to our uniquely American culture of "innocent until proven guilty." Also... he has to run the serial numbers of the firearms to see if they are legitimate firearm numbers and not stolen? What Probable Cause or Reasonable Articulable Suspicion did he have to suspect that the firearms were stolen in the first place? What Probable Cause or Reasonable Articulable Suspicion does he have to assume that Franklin Perez might be a criminal and have Franklin Perez place his hands on the hood of Officer Garcia's police car as if Franklin Perez was some common criminal? Only an attitude and police culture that encourages that a citizen MUST prove he's a good person would allow something like this to happen. The only thing that he really needed to do was to ask Franklin Perez for his Conceal Carry License. That's it! His OTHER actions of temporary search/seizure were unreasonable and violate Franklin Perez's Fourth Amendment rights to the United States Constitution. Mr. Franklin Perez has already sent a complaint letter, which may be viewed at the http://groups.yahoo.com/group/SemCountyLibs/message/3807 hyperlink, to the Winter Springs Police Department and is awaiting their response. For more information: http://www.fperez1776.com http://www.twitter.com/fperez1776 [email protected] (407) 694-7805 Franklin Perez (Libertarian) Florida State House Candidate (District 33) - Year 2010 Libertarian and Independent! Not Beholden to Party Politics! [Non-text portions of this message have been removed]
