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Posted on 04/20/2009 12:03:50 PM PDT by CedarDave
A bar owner and two employees who were detained, handcuffed and thrown in jail for filming state alcohol enforcement agents outside the Distillery in Downtown Albuquerque have filed a federal lawsuit against the officers.
Jacob Traub, David Garcia and Lance Gomez were charged with a felony count of obstructing the administration of the Liquor Control Act, but the Bernalillo County District Attorney's Office never pursued charges stemming from the May 2006 incident.
~~ snip ~~
According to the lawsuit filed in U.S. District Court earlier this month Traub had hired Garcia, a professional videographer, to tape police near his establishment — which he describes as a "restaurant, tavern and entertainment venue." ...
Kennedy said Traub has had problems with Special Investigations Division agents stopping his customers as they walk out of his bar. That's why he hired Garcia to record them. According to state officials, the tavern has been cited seven times since 2006, mostly for serving intoxicated patrons. ...
On May 20, 2006, Albuquerque police and DPS agents were checking identification and giving breath alcohol tests to people they suspected were underage on a Central Avenue sidewalk when Garcia started taping them.
An unidentified DPS agent approached Garcia and ordered him to stop taping. Garcia refused, said he was hired to videotape police harassing bar patrons and continued to videotape the agents. Fisher and Belyeu arrested him and confiscated his video equipment.
Gomez, who was the manager of Traub's bar, saw Garcia being arrested and started taping it.
Another unidentified agent ordered Gomez to stop taping. When he refused, he, too, was handcuffed and arrested.
Traub was arrested when he then started videotaping police arresting the other two.
According to court records, the agents acknowledged they arrested the three men because they were videotaping them.
(Excerpt) Read more at abqjournal.com ...
Those agents should be jailed.
Ahhh, the good old Socialist Republic of New Mexico makes the news again.
Well then it is very simple. The agents must be fired.
Arrested while filming from a public sidewalk. The agent’s actions are a good way to chill citizen’s free speech and other rights.
Let the truth be known. If the state wasn’t doing anything illegal than the videos would have been useless anyway.
Tape away.
False Arrest under Color of Law,
Kidnapping
Assault with a Deadly Weapon
Using a Firearm during the Commission of a Crime
25 to Life for every Jack Booted Thug involved
Damn straight. Friggin tyrannical government agancies really rile me up.
I’d like to read the whole story, but I will not subscribe to the Abq. Journal in order to do so.
Not just fired, but prosecuted.
You do not have a reasonable expectation of Privacy when in PUBLIC, or on a Public Street.
That’ll work, too.
You do not need to subscribe. See bottom of linked page “Trial Premium Pass.”
Thanks.
They should also peruse it under the State Constitution, possibly for the following:
Article 2 — Bill of Rights
Sec. 4. [Inherent rights.]
All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of
acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.
(Violation of liberty, and defending their liberty by making evidence to support their case. Also of seeking/obtaining happiness by stopping the harassment of customers.)
Sec. 10. [Searches and seizures.]
The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures, and no warrant to search any place, or seize any person or thing, shall issue without describing the place to be searched, or the persons or things to be seized, nor without a written showing of probable cause, supported by oath or affirmation.
(Didn’t happen. Period.)
Sec. 18. [Due process; equal protection;
sex discrimination.]
No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under
law shall not be denied on account of the sex of any person. (As amended November 7, 1972, effective July 1, 1973).
(They were deprived of their video equipment.)
And Article 4 (Legislative), section Sec. 25.
Should be brought to their (Judiciary’s) attention, in order to stymie off any sort of political help from that quarter.
[Validating unauthorized official acts; fines against officers, etc.]
No law shall be enacted legalizing the unauthorized or invalid act of any officer, remitting any fine, penalty or judgment against any officer or validating any illegal use of public funds.
Ping
((Ping))
“Albuquerque police “ = Jack Booted Thugs !!!
Thought you might want to see this....I think we will continue to see the little people start fighting back in ways that are available to them. (at least I can hope)
Thx.
My suspicions were confirmed.
Charges dropped and equipment returned.
Nobody knows what charges/disciplinary actions the officers face.
SOP for thugs.
Section 2 flipped the 10th and 11th amendments on their head when it comes to likker. Whatever the state says is OK when it comes to demon rum. No doubt every state has some law that protects the ABC agents from harrassment, or from being photographed, etc. during the performance of their jobs.
In all other things it's the other way around!
In most states, you have to be going at least five over for a ticket.
In Florida, if you're five or less over the limit, they can only give you a warning ticket. Same in Ohio.
Not APD is this case.
“Not just fired, but prosecuted.”
At least.
Been following this
It's a real tossup whether you are going to be accosted by by the cops or the lesser street gangs while moving around or through Albuquerque and New Mexico.
Frankly, I would rather encounter the less-well-financed-and-armed street gangs like MS-13.
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