Winter Springs Police Chief Kevin Brunelle:
Thanks for responding to me e-mail. Do you have a timeline as to WHEN your investigation will finish? > Captain Deisler is conducting a Supervisory Inquiry and will notify me of the > results and then you will be > notified as well. This was the SAME supervisor I sopke with on 10/16/2009 who stated that he would have done EXACTLY what Officer J. Garcia did. If he's the one conducting the investigation, then, regrettably, I cannot have much confidence in an IMPARTIAL investigation of this matter. Perhaps you should have someone else conduct this investigation. Sincerely, Franklin Perez (Libertarian) Florida State House Candidate (District 33) - Year 2010 Libertarian and Independent! Not Beholden to Party Politics! http://www.fperez1776.com http://www.twitter.com/fperez1776 (407) 694-7805 From: [email protected] To: [email protected] Date: Sat, 24 Oct 2009 10:43:19 -0400 Subject: RE: Status of Your Inverstigation? Complaint About 10/13/2009 Excessive Search/Seizure by Winter Springs Police Officer J. Garcia Mr. Perez, we are progressing with your requested investigation and will be notifying you of the results upon completion. Captain Deisler is conducting a Supervisory Inquiry and will notify me of the results and then you will be notified as well. From: Franklin Perez [mailto:[email protected]] Sent: Saturday, October 24, 2009 8:23 AM To: Kevin Brunelle Cc: Joseph M. Garcia; Kevin Presley; Chris Deisler; Jim Wilkins; Matt Tracht; Terry Baker; Ronald Cox; Brad Dula; Ken Frein; Doug Seely; Rob Cable; Valarie Mendelson; David D. Raney; Allison Smith; _Police Weblink Subject: Status of Your Inverstigation? Complaint About 10/13/2009 Excessive Search/Seizure by Winter Springs Police Officer J. Garcia Hello Winter Springs Police Chief Kevin Brunelle: What is the status of your investigation of the 10/13/2009 Excessive Search/Seizure by Winter Springs Police Officer J. Garcia? Please do not delete the video of the incident. I've been told that a Terry stop would apply in my incident, but.... I went to the http://en.wikipedia.org/wiki/Terry_v._Ohio hyperlink to read about it. I was amazed! How in the world can Terry vs. Ohio be applied in my case??? The Terry vs. Ohio case deals with a suspect called Terry behaving in a way dealing with an actual felony STICK-UP! Any REASONABLE person WOULD make the conclusion that such a person SHOULD be searched and disarmed for weapons. Officer J. Garcia stopped me due to someone complaining about someone pasting Solicitation material on people's doors and windows! How in the world can you apply Terry vs. Ohio in my case? It's absolutely ridiculous! How in the world can a reasonable person equate someone pasting flyers on people's doors and windows to an actual FELONY STICK UP! It's RIDICULOUS!!! Is it reasonable to disarm someone simply because that person has a firearm during a police stoppage? And for someone who readily answered YES to the question from the Officer when asked if I was disarmed? And all I was doing was passing flyers on people's doors and windows? RIDICULOUS! Thanks, Franklin Perez (Libertarian) Florida State House Candidate (District 33) - Year 2010 Libertarian and Independent! Not Beholden to Party Politics! http://www.fperez1776.com http://www.twitter.com/fperez1776 From: [email protected] To: [email protected] Date: Fri, 16 Oct 2009 14:48:42 -0400 Subject: RE: Complaint About 10/13/2009 Excessive Search/Seizure by Winter Springs Police Officer J. Garcia Mr. Perez, I am in receipt of your emails and will personally respond as soon as I can put all of the facts together. Your first email was received just yesterday and I will respond to each of your points. From: Franklin Perez [mailto:[email protected]] Sent: Friday, October 16, 2009 2:10 PM To: Kevin Brunelle Cc: Joseph M. Garcia; Kevin Presley; Chris Deisler; Jim Wilkins; Matt Tracht; Terry Baker; Ronald Cox; Brad Dula; Ken Frein; Doug Seely; Rob Cable; Valarie Mendelson; David D. Raney; Allison Smith; _Police Weblink Subject: RE: Complaint About 10/13/2009 Excessive Search/Seizure by Winter Springs Police Officer J. Garcia Dear Winter Springs Chief of Police Kevin Brunelle: I spoke earlier today with a Captain Chris Deisler about my incident. He stated the Winter Springs Police Department is currently investigating the matter and stated that I would get a written response if requested. I stated to him that I would like a written response to the investigation. Captain Chris Deisler, regrettably, also told me that he would have done the same thing that Officer J Garcia did. If you'd like you can e-mail me the written response or send it via postal mail at: Franklin Perez 4250 Alafaya Trail, #212-170 Oviedo, Florida 32765 Sincerely, Franklin Perez (Libertarian) Florida State House Candidate (District 33) - Year 2010 Libertarian and Independent! Not Beholden to Party Politics! http://www.fperez1776.com http://www.twitter.com/fperez1776 From: [email protected] To: [email protected] CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: RE: Complaint About 10/13/2009 Excessive Search/Seizure by Winter Springs Police Officer J. Garcia Date: Fri, 16 Oct 2009 10:58:58 +0000 Dear Winter Springs Chief of Police Kevin Brunelle: Have you even conducted an investigation of the 10/13/2009 incident described below? Please let me know. Thanks, Franklin Perez (Libertarian) Florida State House Candidate (District 33) - Year 2010 Libertarian and Independent! Not Beholden to Party Politics! http://www.fperez1776.com http://www.twitter.com/fperez1776 From: [email protected] To: [email protected] CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Complaint About 10/13/2009 Excessive Search/Seizure by Winter Springs Police Officer J. Garcia Date: Thu, 15 Oct 2009 12:49:21 +0000 Dear Winter Springs Chief of Police Kevin Brunelle: My name is Franklin Perez, and I'm running in year 2010 for the Florida State House of Representatives (District 33) with a Libertarian platform. You may view my campaign website at the http://www.fperez1776.com hyperlink. On the late morning or early afternoon of October 13, 2009, I was stopped by Winter Springs Police Officer J. Garcia in the vicinity of Arabian Avenue, Pony Court, Morgan Avanue, 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. (Note: I was not placing such flyers. It was "Lost Cellphone" flyers.) I explained to Officer J. Garcia that I 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!" I explained to Officer Garcia that I had lost my cell phone on the evening of 10/12/2009 while conducting a quality control measure to determine if my campaign volunteer has actually passed out my campaign flyers at the residences specified on the walk packet. (Note: Campaign flyers do not fall under the Florida State Statutes dealing with NO SOLICITATION signs or local laws because it's political material and non-commercial.) Officer J. Garcia then asked me whether I had any weapons. Although not required by Florida law to devulge that information, I decided as a courtesy to Officer J. Garcia to state that YES I did. Officer J. Garcia then told me to place my hands on the hood of the car; I then complied. I explained to Officer J. Garcia that I have a Concealed Weapons License. Officer J. Garcia then asked me where my weapons were, and I explained I had two firearms - one in my fanny pack and the other in my pocket. He proceeded to remove my fanny pack and the firearm in my pocket. (Note: The order of events may be a little off, but the police camera on the fron of Officer J. Garcia's car will give a more accurate depiction of the events.) Note: This is nothing personal against Officer J. Garcia. In fact, throughout the stoppage and search/seizure he was polite and respectful. He even gave me some water to drink noting that it was a hot day, and that I had walked a lot passing out my "Lost Cell Phone" flyers. We even had some polite and friendly talk about when he was a manager at a store and had to pull his firearm for a legitimate self-defense situation. But... I think that ALL that was necessary in this case was to ask for my Conceal Carry License and that's it. The Conceal Carry License is PROOF enough that I am not a criminal. He did not have to remove my firearms; that's unreasonable. I gave Officer J. Garcia my Driver's License and Conceal Carry License. Officer J. Garcia then called someone on his walkie talkie on his shoulder to confirm the Conceal Carry License Number and my Driver's License Number. He also went ahead and ran the numbers on my two firearms to determine if they were legitimate or stolen... who knows. Everything came out clean and legitimate! Anyways.... 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." I politely told Officer J. Garcia that this search and sezure of my firearms was excessive. Officer J. Garcia explained something to 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. I find his statement "I do not know if you're a good or bad person" incredulous! I'm suppose to automatically "trust" him, but he cannot give me the benefit of the doubt? He assumes that ANYONE with a firearm on him/her is to be distrusted? I have to prove to HIM that I'm a good person BEFORE he trusts me? 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 I might be a criminal and have me place my hands on the hood of his police car as if I 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 me for my Conceal Carry License. That's it! His OTHER actions of temporary search/seizure were unreasonable and violate my Fourth Amendment rights to the United States Constitution. Note: He did return my firearms AFTER he had conuducted a search on the Conceal Carry License Number and the serial numbers of the firearms; the search came out clean and yielded no foul play on my part. Although I was not charged with any crime, I was needlessly inconvenienced for about one hour. There was a camera on the front window of Officer J. Garcia's police car that most probably recorded the entire police stoppage. Please take a look at the video recording of this incident via this camera. Please conduct an investigation of this incident to determine if my Fourth Amendment Right to "unreasonable search and seizures" has been violated. Thank You in advance, Franklin Perez (Libertarian) Florida State House Candidate (District 33) - Year 2010 Libertarian and Independent! Not Beholden to Party Politics! http://www.fperez1776.com http://www.twitter.com/fperez1776 P.S. Someone DID find my lost cell phone. I was so happy to find my lost cell phone that I gave this person $100 in gratitude. Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. [Non-text portions of this message have been removed]
