FL cops caught on tape fabricating report in DUI case

Discussion in 'The Red Room' started by FrijolMalo, Aug 3, 2009.

  1. FrijolMalo

    FrijolMalo A huddled mass

    Joined:
    Mar 29, 2004
    Messages:
    992
    Location:
    Nashville, TN
    Ratings:
    +821
    http://www.miamiherald.com/news/southflorida/story/1161683.html
    Assholes like this who think they're above the law really sicken me. If this case is at all what it looks like, these cops need to be locked up for abusing their authority.

    At the bare minimum, the cop that was driving, not the city, should be personally responsible for the damage to the girl's car. I hope she sues his fucking brains out!
    • Agree Agree x 4
  2. Ancalagon

    Ancalagon Scalawag Administrator Formerly Important

    Joined:
    Mar 29, 2004
    Messages:
    51,540
    Location:
    Downtown
    Ratings:
    +58,076
    I. am. so. surprised.



    I wish we were face to face so you could see the surprise on my face.
    • Agree Agree x 1
  3. Zombie

    Zombie dead and loving it

    Joined:
    Mar 29, 2004
    Messages:
    45,044
    Ratings:
    +33,117
    They are going down.

    The charges against the girl have been dropped and of course she is going to be suing.

    There is another person whose been suspended as well. A civilian in the department.

    Also various cases from these officers are being looked into by the State Attorney.

    The really stupid part of it is had they just told the truth the officer would have not gotten into trouble or at worst just a slap on the wrist and the girl would still be charged with DUI. The DUI charges were most likely legit but because of the video she got lucky and got away with it.

    Five careers down the drain and possible jail time for something stupid. :jayzus:
  4. Marso

    Marso High speed, low drag.

    Joined:
    Mar 27, 2004
    Messages:
    29,417
    Location:
    Idaho
    Ratings:
    +14,151
    Kalifornia! [/McClain]
  5. Tex

    Tex Forge or die. Administrator Formerly Important

    Joined:
    Aug 13, 2005
    Messages:
    17,627
    Location:
    Austin, TX
    Ratings:
    +117,364
    They were willing to put someone else in jail for up to 3 years to cover their asses. They need to go to jail for a minimum of 6 years, twice what they were willing to throw at that girl.

    Fuck them, cops like that are the reason I don't trust any cop.
    • Agree Agree x 3
  6. Nova

    Nova livin on the edge of the ledge Writer

    Joined:
    Mar 29, 2004
    Messages:
    49,135
    Ratings:
    +37,416
    Ummm....not to defend the cops but...she WAS DUI right? if so why should the charges against her not stand up just because the cop hit her? bust his ass for the lies...bust his ass for hitting here...Sure.

    But if she was DUI why does she get a get-out-of-jail free card just because he's a fuck up?
  7. Zombie

    Zombie dead and loving it

    Joined:
    Mar 29, 2004
    Messages:
    45,044
    Ratings:
    +33,117
    It's called bad press. Think about it. Sure she may have actually been DUI but are you as an ELECTED OFFICIAL going to bring charges against her when there is a video of police officers conspiring to cover up the actions of one of their own?

    Hell no you're not.

    Not to mention that as the DA if you were crazy enough to take this to court any semi-decent defense attorney would simply say the police not only covered up their actions on the night of the arrest but they altered the evidence as well. Even if she was guilty of DUI no jury would convict after seeing that video.
    • Agree Agree x 1
  8. Kyle

    Kyle You will regret this!

    Joined:
    Mar 29, 2004
    Messages:
    9,150
    Location:
    California?!?!
    Ratings:
    +2,814
    Because if they're willing to doctor the report, then there's no telling what they might have done to the equipment used to check her BAC. It introduces serious doubt along the entire chain of evidence.

    Even if they decided to prosecute, reasonable doubt wouldn't be a tough sell.
  9. Elwood

    Elwood I know what I'm about, son.

    Joined:
    Mar 23, 2004
    Messages:
    30,008
    Location:
    Unknown, but I know how fast I'm going.
    Ratings:
    +25,065
    Negative. Stand-alone units like that at the station are calibrated by a manufacturer certified independent lab every six months on-site and they add serial numbered and stamped anti-tamper seals on every part of the machine.

    If I remove the portion of the case that gives me access to the calibration controls, I'll break no less than two seals. After that, any evidence generated by that device is inadmissible.

    As for the hand-held units, well... I've seen those beaten with my own eyes. We got our hands on one, got sloshed at a place where we could crash overnight, and tested ourselves. All in the name of science and proper police work, mind you.

    I drank an entire fifth of whiskey in about an hour and a half. We waited until the two hour mark and tested ourselves. I only blew a 0.06 and I was staggeringly drunk. After testing myself, I fell out of my chair onto the grass. I fell out of my chair.

    That's why an Alabama State Trooper will test you with a hand-held device, administer roadside tests, and then, if you fit the bill, take you to a stand-alone unit.

    As for the matter at hand:

    Yeah, at best they all need to be terminated. This is why, in Alabama, if there's a wreck involving an emergency vehicle, the agency involved can not work the wreck. We, by law, are required to step aside, do nothing, and allow the Alabama State Troopers to conduct an independent investigation.
    • Agree Agree x 4
  10. Ancalagon

    Ancalagon Scalawag Administrator Formerly Important

    Joined:
    Mar 29, 2004
    Messages:
    51,540
    Location:
    Downtown
    Ratings:
    +58,076
    In a perfect world. Unless of course the State Labs are just signing off on the certification, which happened in WA and got all breathalizer evidence thrown out of court.

    http://blog.seattle-duiattorney.com/archives/83
  11. Elwood

    Elwood I know what I'm about, son.

    Joined:
    Mar 23, 2004
    Messages:
    30,008
    Location:
    Unknown, but I know how fast I'm going.
    Ratings:
    +25,065
    That's why we use ^^^

    Well, that and that there are only two "state" labs and the backlog on a fuckin' autopsy is six weeks. Fingerprints are at a year. We'd never get anything from them if we had to wait on them for calibration.
  12. Aenea

    Aenea .

    Joined:
    Sep 10, 2006
    Messages:
    6,093
    Ratings:
    +5,889
    I'm still trying to figure out if there is a hollywood FL?
    • Agree Agree x 2
  13. FrijolMalo

    FrijolMalo A huddled mass

    Joined:
    Mar 29, 2004
    Messages:
    992
    Location:
    Nashville, TN
    Ratings:
    +821
    There is
  14. Scott Hamilton Robert E Ron Paul Lee

    Scott Hamilton Robert E Ron Paul Lee Straight Awesome

    Joined:
    Jan 5, 2008
    Messages:
    29,016
    Location:
    TN
    Ratings:
    +14,152
    I sell a lot of used engines into that area!
  15. Liet

    Liet Dr. of Horribleness, Ph.D.

    Joined:
    Jan 11, 2008
    Messages:
    15,570
    Location:
    Evil League of Evil Boardroom
    Ratings:
    +11,723
    It's the only pace in Florida I've ever actually been to. My grandmother used to live there.
  16. Herbalist

    Herbalist Masterdebater

    Joined:
    Apr 6, 2004
    Messages:
    1,470
    Location:
    305
    Ratings:
    +1,645
    I live in Hollywood, this is not the press our law enforcement needs. Last year I think south florida had one of the highest murder rate for police officers. Police officers caught on tape trying to fuck someone over aint going to help that statistic.
  17. Marso

    Marso High speed, low drag.

    Joined:
    Mar 27, 2004
    Messages:
    29,417
    Location:
    Idaho
    Ratings:
    +14,151
    It's basically right by Ft. Lauderdale, and shares the name with the airport. Check it out:

    FLL Diagram
  18. Ramen

    Ramen Banned

    Joined:
    Mar 28, 2004
    Messages:
    26,115
    Location:
    FL
    Ratings:
    +1,647
    Hollywood has a horse racetrack that I've lost plenty of money on betting simulcast. :ramen:
  19. Zombie

    Zombie dead and loving it

    Joined:
    Mar 29, 2004
    Messages:
    45,044
    Ratings:
    +33,117
    Not to mention Hollywood police have had recent troubles in the past with several being brought up on corruption charges in 2007. Hollywood police don't have a good rep right now.
  20. Elwood

    Elwood I know what I'm about, son.

    Joined:
    Mar 23, 2004
    Messages:
    30,008
    Location:
    Unknown, but I know how fast I'm going.
    Ratings:
    +25,065
    Oh, and I'll add that they need to be fired for being stupid.

    The absolute worst thing that could happen to me if I rear-ended someone with no injuries. That's a maximum of one day off without pay and that's not even likely unless I'm just a dick about it or something.

    But, now these guys have lost their retirements and their careers. I say that because once you get fired in law enforcement, you're through. When that new agency calls your old and HR tells them that you're not eligible for rehire, the new agency is going to immediately put your paperwork in File 13.

    It's just not worth losing my retirement over something like this.
    • Agree Agree x 1
  21. enlisted person

    enlisted person Black Swan

    Joined:
    May 15, 2004
    Messages:
    20,859
    Ratings:
    +3,627
    If the cops fabricated the case then they could easily get some other drunk to blow into the device and then claim it was her. Why would a jury think any part of thier evidence was credible after seeing video evidence of their illegal activities?
  22. Elwood

    Elwood I know what I'm about, son.

    Joined:
    Mar 23, 2004
    Messages:
    30,008
    Location:
    Unknown, but I know how fast I'm going.
    Ratings:
    +25,065
    The room our unit is in is under 24-hour per day CCTV/audio monitoring. The actual recording devices are locked in a purpose built room in the Chief's Office. Only two keys to that office exist. The Chief has one and the City Manager has one.
  23. enlisted person

    enlisted person Black Swan

    Joined:
    May 15, 2004
    Messages:
    20,859
    Ratings:
    +3,627
    Still, there is plenty of reasonable doubt with this one given the conspiracy. Many defense lawyers would love to take this case for nothing just for the publicity. A prosecutor would be wise to bury this one quietly or lose in a media circus.
  24. Elwood

    Elwood I know what I'm about, son.

    Joined:
    Mar 23, 2004
    Messages:
    30,008
    Location:
    Unknown, but I know how fast I'm going.
    Ratings:
    +25,065
    I know that. What I'm showing you is what lengths we go to to make sure stuff like this doesn't happen.
  25. enlisted person

    enlisted person Black Swan

    Joined:
    May 15, 2004
    Messages:
    20,859
    Ratings:
    +3,627
    Well, that is all good that they do that to keep everything honest. Lost of honest cops out there and then a few that are not so honest that make it bad for all.
    Hard to tell one from the other some times.
  26. Uncle Albert

    Uncle Albert Part beard. Part machine.

    Joined:
    Mar 29, 2004
    Messages:
    60,775
    Location:
    'twixt my nethers
    Ratings:
    +27,688
    Corrupt cops, and a drunken ditz cruising around with a live animal in her lap. :jayzus:


    Fucking execute everyone. :bergman:
  27. Tex

    Tex Forge or die. Administrator Formerly Important

    Joined:
    Aug 13, 2005
    Messages:
    17,627
    Location:
    Austin, TX
    Ratings:
    +117,364
    They still would have needed probable cause to pull her over. Them hitting her does not create that probable cause. Basically she never should have been stopped in the first place and the whole thing gets thrown out. It's a technicality of course but after the shit they tried to pull the DA would be best just to let it go.
  28. Elwood

    Elwood I know what I'm about, son.

    Joined:
    Mar 23, 2004
    Messages:
    30,008
    Location:
    Unknown, but I know how fast I'm going.
    Ratings:
    +25,065
    No, they don't. You can see I'm not defending the cops, but we've been over this at least a dozen times on this board. One was just a month ago.

  29. Tex

    Tex Forge or die. Administrator Formerly Important

    Joined:
    Aug 13, 2005
    Messages:
    17,627
    Location:
    Austin, TX
    Ratings:
    +117,364
    Can you site a case, not that I doubt you, but I'd like to read up on that a little more.
  30. Sean the Puritan

    Sean the Puritan Endut! Hoch Hech!

    Joined:
    Mar 29, 2004
    Messages:
    25,788
    Location:
    Phoenix, AZ
    Ratings:
    +15,703
    Frankly, I DO doubt Elwood, no offense to the man.

    The only thing I know of is the Terry Stop, which requires "reasonable suspicion", and most courts have treated traffic stops as a sort of Terry Stop.

    There's also Delaware vs. Prouse (1979) in which SCOTUS decided that cops can NOT stop someone just to check for license and registration.

    If there is a more recent case that loosens the rules I do not know if it.

    EDIT: "Reasonable Suspicion" means "that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inferences."

    EDIT 2: When Elwood says "The Supreme Court of the United States has determined that the police can pull you over at any time for any reason", he is most likely quite wrong.