Saturday, May 29, 2010

Third false arrest

So this one is just absolutely asinine. Last Friday, I was waiting for Adam to get home from work so I could pick up a check mailed from a client. The condominium complex where we lived had very little shade, so I was sitting on the outdoor patio of a neighbor two doors down. I was locked out of the condo because Adam changed the locks on me, but in all technical sense to a law enforcement officer as my ID still had that address on it, I was a legal resident of the condominium complex. I was drinking a beer sitting in the shade with my cell phone charger plugged in. Two sheriffs deputies were responding to another call, and one of them recognized me from one of the previous encounters. When they approached me, they asked if I was a legal resident of the property, as my address on my ID was the same as the address of the physical building, I said yes. I also asked the officer what probable cause he had to investigate me or detain me for questioning. He said I was drinking in public, and pointed at my beer can as the probable cause for his questioning. I kindly advised the officer, "Excuse me sir, this is private property, I am below the legal limit, and California Penal Code 647(f)requires there to be an immediate danger to myself or others." This really aggravated the officer, at which time he arrested me for 'Drunk in Public'. The appropriate CPC section follows:

647(f) Who is found in any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.


So this officer arrested me because he recognized me, on private property I was legally entitled to reside, completely violating my rights yet again. Good job Los Angeles Sheriffs! The kicker, I blew 0.0 at the Sheriff's substation, and they still held me 11 hours.

Reflections on psychology/philosophy within the psych hospital

My time in the psych ward was essentially the equivalent of brutal repeated mental rape. I was fighting orderlies and getting my ass shot up with thorazine constantly. I have always been aware and mindful of my psychological disorders, and delusions/mania/depression. At no time in my life have I ever been truly 'insane' or not mindful of the consequences of my actions, or willing to violate the rights of another. I always abide by the social contract, and endeavored to be as moral and good of a man as possible, despite my many many faults. I made the realization once I was there however when I was forced to ask for Ativan any time I was having panic or anxiety that all of my behaviors were somehow compelled/impelled by my tendencies, and I finally leapt the last hurdle in my mind. It is hard exactly to explain, but I am sure you had a similar paradigm shift at some point in time in your life. I realized that I was Phaedrus in Zen and the Art of Motorcycle Maintenance, only not destroyed - tempered and more driven towards my moral ends and self actualized. In my week there free from any substance abuse I forgot how brilliant my mind was when I applied myself, and wrote several hundred pages of what will be my book Christianity and the Discipline of Network Engineering, an extension to the Metaphysics of Quality described by Pirsig combined with thorough analysis of human motivation. It is a real application of Humanics, and a brilliant overall theory.

When my father attempted to get me psychological help as my autistic fits had gotten out of control at around age 11, I began a very in depth study of philosophy and psychology. One of my earliest memories was watching Carl Sagan's The Cosmos on PBS asking my dad questions, because at 2-3 I wanted to be an astronaut. Even as young as 11 I had a profound interest in psychology as my behavior prompted my parents to seek professional help for me, and their own relationship problems meant I spent more time than I'd care to or admit in psychiatrist/psychologist's offices. Additionally as a problem child starting in Junior High, I spent as much time in class as the counselors, vice principal, principal's offices. I spent the est of the time in the school library voluntary or involuntary in detention. I was always a voracious reader, taught myself to read not by memory, but language by 2.5 much to my parent's surprise. I at least skimmed near every book on every bookshelf I have encountered my entire life. At 11 I was on a huge Asimov kick, and read The Brain at least 2-3 dozen times before the age of 12. I read the DSM-IV to understand what it was the shrinks were attempting to do with me, and I knew I was autistic just reading the diagnostic section.

I was diagnosed with anti-authoritarian personality disorder at 14. I was a Hans Asperger 'little professor' so young, and my father and my scientific reading taught me logic above all and question everything. Once I began Debate in High School, my entire life made sense. I was always far too clumsy for sports, but using my mind instead of my body I was absolutely unstoppable. I devoured every philosophy book, learned how to truly research as opposed to read, and gloss over unimportant details to retain a high top level overview. I began acting out in a HDT Civil Disobedience manner, 'Once the system deserves my respect, it will have it.' This is why I always was so enamored with the law, as I realized if you knew every rule you could bend them all easily without breaking one. My generation has a much different perception of police than yours, because in your days we still had a modicum of individual liberties. I have had easily 100 contacts with police officers, dozens of traffic tickets when I always drive responsibly, arrested 13 times, and prosecuted now one time in Washington where the charges were dropped not deferred by the DA due to the police report reading like a cop on a power trip. I have now been arrested three times in the last two months when I am more careful and knowledgeable regarding the law than I ever was then.

So once I finally got released from the psych ward after 8 days of observation, I was sent on the way with a prescription for a strong anti-psychotic and well wishes to find that Adam had changed the locks on my house, emptied out my room, and I was homeless. With all the police activity, Adam deemed me too much a liability to stay but I just had given him the majority of money I received from my severance to stay there. This put me in a difficult situation, where I returned to Spokane. Then in Spokane, I didn't have anywhere to stay or any way to make money so I found myself back in LA again when I got a phone call from a friend needing help. I have been living homeless in LA playing my guitar for change and cigarettes, eating when I can and sleeping in my car or under the stars with My Lord. It is strangely liberating actually, I cannot even tell you how much I am enjoying the freedom of being a bohemian musician. I am just frustrated that those I care so much for in this town have let me down, due to being too afraid of police fucking up their life. I am a social pariah because I stand for my principles, and fear nothing that everybody else is terrified of. Well, being a leader is much more difficult than following and it is easier to attack you when you stick your neck out further than the rest of the pack. I am confident everything will work out for the better, and I am just waiting on my unemployment checks to show up and I will move up to Fresno.

Second arrest, this one made me homeless and locked up in a mental hospital

A week later Adam and I had been arguing so much due to the stress of the previous situation, his constant intoxication in stark contrast to my sobriety, and had argued to the point where I had decided to move out having booked a flight in the late evening out of Burbank to Spokane, where I grew up. Now being completely sober fearing additional injustice, my psychological state had due to being on probation and fearing reprisal gotten my rage blinding hot resulting in a physical very heated fistfight with Adam when I showed up to pick up my belongings. He is a former combat veteran Marine and I am a trained martial artist, so it was pretty rowdy and I knew the cops would come and try to put me in jail again. Adam and I like men hugged and shook hands after we beat the crap out of each other, then I told him the cops were probably already en route and to keep his head down and I would handle the issue. When they started pounding on the door, I was completely sober and armed with the knowledge they would play dirty.

I called my attorney on speakerphone as I heard my keys click in the door. I yelled as loud as I could down the hallway "Officers I absolutely will not permit entry into my home without probable cause and a warrant signed by a judge. You do not have exigent circumstances for anything save a noise complaint, nor reasonable suspicion a felony has been committed. If you do enter by force I am unarmed, and face down on the floor with my hands on my head, however you are exceeding your authority and mandate committing a felonious forcible entry! You guys enforce the law, you shouldn't be doing this and if you continue in this action I will ensure you are prosecuted to the fullest extent of the law you are responsible to uphold! I am recording this and on the phone with my attorney." They rolled a swat team because the same officers attempting to discredit me saw Adam's collection of firearms during their previous unannounced visit, and called Adam on his cell phone asking to speak with me. I told them I was on the phone with my attorney, and suggested he stayed where he was but told him if he wanted to go outside, he could. When he did, they sent him back in to try to 'reason' with me and he said the SWAT team was going to use flashbangs and come inside in force. I told him, if you are outside and safe, and I am not threatening you, them, or myself... why would there be any reason to enter the home?

My attorney advised me to surrender, I told him if they were going to kill me I'd die for my principles, and one of my principles is not surrendering when no crime had been committed or threat made. My friend Darryl who used to be a LASD dispatcher beeped through on my phone to tell me that he heard over his scanner that a sniper had a bead on my head through the window, so I crawled on my hands and knees into the kitchen where there was the most cover/concealment available. I almost went to go grab the M4, but I figured HDT, Kant, and Jesus would say I'd meet my fate better if I did not struggle - even in my panic attack/adrenaline rush I knew I could not withstand the brunt of a SWAT team and my principles led me to take the higher path. My attorney heard me say dozens of times "Everybody in here is safe, you spoke with Adam outside, I am safe and not hurting anybody, threatening you or myself, am unarmed...why are you escalating the situation?" Michael asked me if I would surrender with him physically guaranteeing my safety, and I said sure. I yelled down to the police "My attorney is en route to ensure my safety during my surrender, please do not escalate this situation. I am unarmed and panicking because you have threatened force when I have been saying I am face down and unarmed this whole time." In order to not write about the rest of the story all day (it gets a lot more interesting from here actually) they rushed in and cuffed me up in the same spot I had been in - face down hands on my head the whole time.

The sergeant was telling me when he cuffed me 'We've been keeping an eye on you for a long time, and know what you're up to." I told him "You're up to some Vic Mackey corrupt cop bullshit trying to shake me down when I am just some nerd who makes money and spends some on drugs, not a criminal kingpin like you think." This made sarge pretty pissy, and he said "We can do whatever we want, we are the law and you are a punk. We will come do this as many times as we want to and there isn't shit you can do about it." I said to him " You guys already set me up for two felonies with no PC, reasonable suspicion, or exigent circumstances to enter my home. Then you tossed my house which you should have required a warrant to enter, then a warrant to enter my personally occupied room. I think you are going to prison because my attorney saw through your reports last time, if he saw it without me telling him anything then I am sure a jury will. Hope you enjoy prison." He then tightened up the cuffs and slammed me into the side of the cruiser, knocking my head when he threw me in back. When I was in the cruiser the window was rolled down, so I was listening to them arguing about not being able to find anything illegal in my home.

Thus began my 8 day nightmarish 5150 hold because they had no charges to hold me with so they did what they could to further discredit me and assert their authority - throw me in a psych ward.

My first arrest without probable cause, exigent circumstances, reasonable suspicion, or warrant

About eight weeks ago, I was arrested by LASD who planted drugs and stole my pistol from my house because they thought I was a druggie punk, and had no idea that my close friend is one of the best attorneys in town or that I was a young professional who had been working with lawyers for a decade. The law firm I was working at until shortly before this mess was supposed to be the last 'job' I had, and I was working on getting myself into law school when the recent shenanigans hit. I have never violated any law in California save traffic or possession of controlled substances on my own person or inside my own home with one exception of 647(f) drunk in public when I was too tossed in public without someone appropriately babysitting me. I knew never possessing while on the street or driving would ensure there would never be PC for a search, and if I did not steal or lie I found my actions moral. I am an aspiring attorney and want to keep my criminal record clean so I can get a JD from Pepperdine and be peers with my former attorney role models instead of the punk kid keyboard commander cowboy network engineer, even if I bill out more than an attorney anyways. I will admit I was a drug user in order to self medicate my plethora of psychological issues as I never got appropriate treatment as a child for my autism/anxiety disorders. I had been abusing alcohol and drugs since 17 because it was the only way I could function in my life. Now I realize the error of my ways, I am such a teetotaler I refuse to even take my psychological medication prescribed to me.

I have always had (since 14 when I started my very successful High School Debate career) a fascination with the law and politics that lead me to incessantly research philosophy, law, and political sciences. I joined the Libertarian party at 15, and always wanted to be the first Libertarian president. Thus, I always ensured I never was in a position where I would be searched or approached by police officers, so I could lead a normal functional life as a young professional and not tarnish a potential political career when the time was right. At heart, I find the idea of restricting my personal liberties of what substances to ingest abhorrent and against the framer's intent, especially when there are more drug related fatalities from prescribed drugs. I have read HDT Walden and Civil Disobedience so many times, I have gone through several copies.

My roommate and I were just having a loud evening home alone and shouting about a video game on internet voice relay while drinking a few beers. The private patrol for the HOA had been harassing us as we were the loudest people in our building, and they asked us to tone it down about once-twice a week which we always complied with. This time the PPO was rude to me, and acting authoritative, so I told him "Sorry buddy but you aren't a real cop, and if the HOA fines us I will pay it. Get out of here before I get angry enough to file a complaint with your supervisor, and next time keep a professional tone." He then contacted the Santa Clarita Sheriffs, but the response time was less than four minutes so he called a buddy, not dispatch. I imagine the conversation being like "Hey man, these kids are flipping me shit, can you come put the fear of God in them?"

Due to how nice a place my roommate and I had, and how young we both are, the police assumed they could intimidate us because our standard of living was financed illegally. I imagine that generally for a household with two people in their mid twenties exceeding $150k/y that generally is true, but their cum hoc ergo propter hoc fallacious reasoning automatically made us drug dealing scumbags in their heads. They advised me to open the door very forcibly when I I advised them through the door upon their arrival they could cite me for a noise ordinance violation, and had not met the threshold for disturbing the peace or compelling an arrest. Additionally I advised them I would not allow them in for a 'wellness' check as they had not met the appropriate burden. They very forcibly told me to open the door, and I figured if we weren't yelling through the door it could deescalate the situation, so I opened the door and took several steps back into my home hoping to show good faith and ease their anxiety/anger. As I began to advise them calmly that they could enter to perform a wellness check, they stepped into the foyer, grabbed me, threw me down on the concrete outside, and cuffed me up. I began to have a panic attack as I knew they were violating my rights exceeding their mandate.

Then while inside the house they cuffed up my roommate Adam who was absolutely wrecked, tossed the house, and forced him while drunk and handcuffed to sign a release to search 'Common Areas' while they kept him in the living room. He was too drunk to realize and too scared to care they were tossing my room, where they found my stash box that was very well hidden in the bottom/back/behind my guitar amplifier. I had been sober for weeks hoping to make a girl I was in love with proud, she never asked me to get clean so I cleaned myself up hoping it would enamor her of me and she would take me more seriously. Because I detoxed without the supervision of a doctor, I had been having very severe anxiety, mood swings, alexithymia, and rage via autistic tantrums. This search was completely past their legal ability for a wellness check as they actually searched my room, not common areas - they lied on the paperwork saying my drug kit was out in the open, when in fact it was very cleverly hidden.

I had been polite, professional, and courteous with them initially, but once detained after being snatched out of the house I just lost it and told them they were all going down for police harassment/corruption/brutality. There wasn't enough in my stash box to make a felony, so they planted some more. Then they snagged my keys, cell phone, laptop, and my legally possessed not entered into evidence Glock 22 pistol serial KCC-206. I was in jail from Thursday to Monday until my attorney got me set up with pc1000 summary probation due to my clean criminal record, so I do not know if they just took my cell and keys at the time of arrest, and grabbed my computer and pistol later, but my backpack was missing so I assume they came back when Adam had left the house to collect my other belongings.

The beginning of the story

Quite unfortunately, I found out the fun way that police officers in LA are hopelessly corrupt. I have had a lot of police contacts in my day due to reading Thoreau's Civil Disobedience dozens of times as a teenager. This also was my period of punk rock anti-authoritarian music, the combination of the two resulted in a healthy respect for the law and healthy disrespect for law enforcement officers not enforcing it or abusing their authority. I will respect a government worthy of respect, however any fool can make a rule and any fool will mind one. I respect a police officer in the performance of their lawful duties because it is a dangerous yet necessary job, but if I *KNOW* they are violating my rights, I always am willing to be subject to arrest to fight for my principles in court. I am willing to work within the system to ultimately change it to the best of my ability. This perspective got me in quite a bit of trouble lately, due to police corruption and misconduct - specifically the Los Angeles Sheriff's Department, Santa Clarita Substation. These blog posts will be edited as time allows, but essentially here is my mission presently.

I want to form an organization to independently investigate and audit reports of police corruption, abuse, and harassment in the tri-county area. I have heard dozens of plausible stories regarding police corruption here, and have never suffered as much abuse for as little reason any of the other several places I have lived. Right now I do not need donations, but a board of directors who are willing to help me find funding and will be able to contribute legal or law enforcement knowledge for the cause. If you want to donate to me personally so I can continue my quest to bring these crooked cops to justice, contract me for work at a reasonable rate www.hockingits.com, I am a very talented CIO and network engineer. I do not want handouts, I want clients and I labor for love, so you will get your IT infrastructure running tip top, and support a guy taking on the whole corrupt system by himself.