Tag: wrongful arrest

ATLANTA POLICE ARREST ORGANIZERS OF BAIL FUND FOR COP CITY PROTESTERS

ON WEDNESDAY MORNING, a heavily armed Atlanta Police Department SWAT team raided a house in Atlanta and arrested three of its residents. Their crime? Organizing legal support and bail funds for protesters and activists who have faced indiscriminate arrest and overreaching charges in the struggle to stop the construction of a vast police training facility — dubbed Cop City — atop a forest in Atlanta.

In a joint operation with the Georgia Bureau of Investigation, or GBI, Atlanta cops charged Marlon Scott Kautz, Adele Maclean, and Savannah Patterson — all board members of the Atlanta Solidarity Fund — with “money laundering” and “charity fraud.”

The arrests are an unprecedented attack on bail funds and legal support organizations, a long-standing facet of social justice movements, according to Lauren Regan, executive director of the Civil Liberties Defense Center.

“This is the first bail fund to be attacked in this way,” Regan, whose organization has worked to ensure legal support for people resisting Cop City, told me. “And there is absolutely not a scintilla of fact or evidence that anything illegal has ever transpired with regard to Atlanta fundraising for bail support.”

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Taxpayers Shell Out $400K After School Cops Beat the Hell Out of a Child Then Framed Him

Another chilling incident showcasing the deeply entrenched culture of abuse and deceit within the American law enforcement mixture with public education has come to light. Riverside County taxpayers were forced to make amends in the amount of $400,000 to Daniel Silvas, the father of a 13-year-old boy who was allegedly assaulted and falsely accused of resisting arrest by sheriff’s deputies in 2018.

The boy, a freshman at San Jacinto High School at the time of the incident, faced a harrowing ordeal on only his second day at school. It began when he was singled out by security officer Jesus Peraza under the pretense of a suspicion of impending trouble, a suspicion that attorney Jerry Steering, representing the boy, ties back to fights at the school the previous day.

The boy, aware of his innocence, chose to protest and walk away from the confrontation, a decision that triggered a chain of events culminating in an alleged assault and subsequent framing. The school’s resource deputy Derrick Bunn and the security officer followed him in what the lawsuit describes as an “intimidating” manner. The situation escalated when the boy asked the two to stop tailing him, leading to Deputy Bunn reportedly shoving the boy to the ground.

What followed was a spectacle of police brutality, with Bunn repeatedly screaming expletives at the minor while beating him. Not wanting to miss out on the sadistic beating of a child, Deputy Timothy Dunlap joined the fray. Despite video evidence that contradicted their claims, the deputies and Peraza maintained that the boy had taken a fighting stance and cursed at them.

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FBI and Army members raided the wrong hotel room during a training exercise and detained a guest inside

Members of the FBI and the US Army Special Operations Command who were conducting a training exercise in downtown Boston raided the wrong hotel room and detained the person inside before realizing their mistake, the FBI said in a statement to CNN.

The FBI said its Boston division was helping the military with a training exercise around 10 p.m. Tuesday “to simulate a situation their personnel might encounter in a deployed environment.”

“Based on inaccurate information, they were mistakenly sent to the wrong room and detained an individual, not the intended role player,” the FBI said.

“First and foremost, we’d like to extend our deepest apologies to the individual who was affected by the training exercise,” USASOC Lt. Col. Mike Burns told CNN.

The exercise was meant to “enhance soldiers’ skills to operate in realistic and unfamiliar environments,” Burns said, adding the incident is under review.

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Another Facial Recognition Snafu Leads to False Arrest, Wrongful Imprisonment; ACLU Asks Lawmakers to Ban Police Use

Instead of enjoying a late Thanksgiving meal with his mother in Georgia, Randal Reid spent nearly a week in jail in November after he was falsely identified as a luxury purse thief by Louisiana authorities using facial recognition technology.

That’s according to Monday reporting by NOLA.com, which caught the attention of Fight for the Future, a digital rights group that has long advocated against law enforcement and private entities using such technology, partly because of its shortcomings and the risk of outcomes like this.

“So much wrong here,” Fight for the Future said Tuesday, sharing the story on Twitter. The group highlighted that many cops can use facial recognition systems without publicly disclosing it, and anyone’s “life can be upended because of a machine’s mistake.”

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America’s Forgotten Reign of Terror

Exactly a hundred years ago this morning—on January 3, 1920—Americans woke up to discover just how little their own government regarded the cherished Bill of Rights. During the night, some 4,000 of their fellow citizens were rounded up and jailed for what amounted, in most cases, to no good reason at all and no due process, either.

Welcome to the story of the Palmer Raids, named for their instigator, Attorney General A. Mitchell Palmer. Though largely forgotten today, they shouldn’t be. They constituted a horrific, shameful episode in American history, one of the lowest moments for liberty since King George III quartered troops in private homes.

The terror during the night of January 2-3, 1920, shocked and frightened many citizens. In her 1971 book, America’s Reign of Terror: World War I, the Red Scare, and the Palmer Raids, Roberta Strauss Feuerlicht wrote:

[T]error is not just a body count. Terror exists when a person can be sentenced to years in prison for an idle remark; when people are pulled out of their beds and arrested; when 4,000 persons are seized in a single night; and when arrests and searches are made without warrants. Moreover, for each person sent to prison for his views, many others were silenced. The author amply documents the government’s insensitivity to civil liberties during this period, its frequent brutality and callousness, and the personal grief that ensued.

The targets of the Palmer raids were radicals and leftists deemed by the Wilson administration to be hostile to “American values.” Ironically, none of those arrested had done anywhere near as much harm to those values as the man living in the White House—Woodrow Wilson, arguably the worst of the country’s 45 presidents. More on that and the Palmer Raids after some background.

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Court rules cops were wrong to arrest Louisiana man for criticizing them in emails

The US District Court for the Eastern District of Louisiana has ruled that three police officers in the state’s St. Tammany Parish violated the law when they arrested a man for criticizing them.

We obtained a copy of the order for you here.

The man, Jerry Rogers Jr., was expressing his criticism in emails he was exchanging with the family of a murder victim, Nanette Krentel – a case that remains unsolved for five years now.

Reacting to the messages, the sheriff’s office indicted Rogers for defamation despite the fact they were told by the district attorney this would be unconstitutional. They eventually arrested him.

In addition, for the first time ever, the office issued a statement to the press to announce that Rogers was under arrest, and did another thing that was a first for the local police: filed a complaint with Rogers’ employer.

These unusual actions are taken to mean that the sheriff’s office wanted to warn citizens against criticizing them, or they might face public shaming.

In 1987, the US Supreme Court said that in a free nation individuals are free to verbally challenge the police without risking arrest and that this principle is the distinction between a free nation and a police state, Reason reported.

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Judge rules cops who arrested man over parody Facebook page have qualified immunity

Free speech and what’s known as “qualified immunity,” as well as “overcriminalization” – expansion of the criminal code in the US to address even minor problems in society – is at the heart of a case that started in 2016 with a short-lived parody page Anthony Novak had set up on Facebook.

Novak was subsequently arrested and spent several days in jail – much longer than the lifespan of his page critical of the police in Parma, Ohio – a page that was up only 12 hours.

In addition, the police confiscated his phone and computer. His “crime” was the humor he was using to express his opinions about the local law enforcement: posts like one “advertising” free abortions performed in a police van, and an “event” under the motto, “Pedophile Reform.”

Some Facebook users complained – about ten of them according to court records – but that was enough for the police to go to the trouble of getting three warrants: to arrest Novak, search his apartment, and deal with Facebook. The charge was “using a computer to hinder police duties,” an accusation based on little-known (and in this case, a court eventually found, invoked incorrectly) state law.

Novak eventually had a jury trial that resulted in his acquittal. But he then went on to sue the officers who arrested him for violating his constitutional rights. However, the US Court of Appeals for the 6th Circuit did not support his claims.

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Supreme Court gives victims of malicious prosecutors new weapon

People who are victimized by malicious prosecutions in America’s court systems have been given a new weapon – confirmation that they no longer have to “prove” their innocence by using the court system’s own documentation.

The Supreme Court in a 6-3 ruling in Thompson v. Clark has found that individuals have a Fourth Amendment right to hold police accountable for maliciously arresting and charging them without probable cause.

“At a time when the courts routinely shield police from accountability for misconduct, this ruling is at least an encouraging glimmer in the gloom,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute, which joined a friend-of-the-court brief in the case.

“For too long, Americans have been treated as if they have no rights at all when it comes to encounters with police. This is an overdue reminder that freedom is not secondary to security, and the rights of the citizenry are no less important than the authority of the government,” he said.

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Man Told by an Officer That He Could Enter the Capitol on Jan. 6 Now Faces 20 Years in Prison

On Jan. 6, 2021, a protestor, 40-year-old Brady Knowlton, says that an officer at the Capitol told “You can go in, as long as you don’t break anything.” At 2:35 p.m., Knowlton did, entering through the Upper West Terrace doors. He looked around inside the building, walked through the Rotunda, lobby, and Senate chamber gallery, obeyed the officer’s injunction not to break anything, and left the building at 2:53 p.m. For that, Knowlton now faces twenty years in prison in Old Joe Biden’s vengeful banana republic.

On top of the possibility of being behind bars until 2042, Knowlton, a law student, has suffered numerous other consequences already. According to the Daily Wire, “his law degree has been withheld, his lawyers say, Airbnb has banned him and his wife, and, for reasons that remain undisclosed, the U.S. Customs and Border Protection has stripped his Global Entry access.”

According to the charges filed against him in the U.S. District Court for the District of Columbia, Knowlton “did unlawfully and knowingly enter and remain in a restricted building and grounds.” He also “did knowingly, and with intent to impede and disrupt the orderly conduct of Government business and official functions, engage in disorderly and disruptive conduct in and within such proximity to, a restricted building and grounds, that is, any posted, cordoned-off, and otherwise restricted area within the United States Capitol and its grounds, where the Vice President and Vice President-elect were temporarily visiting.” He “willfully and knowingly engaged in disorderly and disruptive conduct within the United States Capitol Grounds. He “willfully and knowingly entered and remained in the gallery of either House of Congress, without authorization to do so.”

If Knowlton’s contention that a police officer said he could go in is true, it vitiates all these charges, and Knowlton’s claim is certainly corroborated by photographic and video evidence of cops at the Capitol opening gates, holding the doors open for protestors, and reports that police even posed for selfies with protestors. Also, when the FBI raided Knowlton’s home, they found no evidence whatsoever “concerning the breach and unlawful entry” of the Capitol, or “of any conspiracy, planning, or preparation,” or “maps or diagrams” of the Capitol, or of any “materials, devices, or tools” that Knowlton might have planned to use to get inside.

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65 Teens, Arrested, Shackled, Jailed Because Cops Found a Small Bag of Weed Outside of a Party

House parties among teenagers and young adults are a part of growing up. When kids experience freedom from their parents for the first time, they will often make poor choices and this is a part of experiencing life so one can learn. Poor choices that cause harm to others are certainly not acceptable but when young people are experimenting with substances and make choices which have no victims, they should never have to worry about their lives being ruined over it. Unfortunately, for 65 young people in Cartersville, Georgia, they had no say in the matter when cops arrested all of them — despite none of them making any poor choices.

The nightmare for these 65 teenagers and young folks started back in 2017 as they gathered at a home to celebrate the New Year. As is common on New Year’s Eve, firecrackers can be heard going off all around town. Thought none of the teens involved in this party were popping fireworks, police used it as a reason to enter the home, without a warrant, claiming they heard gun shots.

When police came to the door that night, they had no evidence of a crime being committed, nor did they have reasonable suspicion. Nevertheless, they barged into the legally rented Airbnb, paid for by 21-year-old Deja Heard, who was celebrating her 21st birthday that night.

Officers had no warrant as the shut down the entire party and searched everyone. The only evidence of a crime — which is not a crime at all — was claimed when police found a small bag of weed in the front yard.

Because no one wanted to go to jail over a plant, no one fessed up, or perhaps the person who dropped it, left the party. Regardless, the solution proposed by the officers that night was to arrest everyone and charge them all with possession of marijuana. And they did exactly that.

These teens and young adults were then hauled off to jail, booked into the Bartow County lockup and shackled — for a small bag of weed found outside on the ground.

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