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(Tennessee) Former Oakland Officer Pleads Guilty
My Fox Memphis ^ | 12/09/2010 | My Fox Memphis

Posted on 12/09/2010 1:55:48 PM PST by The Magical Mischief Tour

MEMPHIS, Tenn. - A former Oakland police officer has pleaded guilty to false reporting after he said his badge stopped a bullet in a traffic stop.

Josh Smith made headlines with photos of his dented police badge. He alleged that the driver of a sport utility vehicle with an out-of-state license plate shot him in the chest after a passenger swung a knife at him. Smith wasn't seriously injured, claiming that his police badge stopped the suspect's bullet.

(Excerpt) Read more at myfoxmemphis.com ...


TOPICS: Business/Economy; Crime/Corruption; Government; US: Tennessee
KEYWORDS: donutwatch

1 posted on 12/09/2010 1:55:50 PM PST by The Magical Mischief Tour
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To: The Magical Mischief Tour

Normally I’d just say tsk tsk, no more extra donuts for this blowhard. But can you imagine how hard the system comes down on a mere civilian who fibs to an occifer. Sauce for goose should be same as sauce for gander.


2 posted on 12/09/2010 1:57:57 PM PST by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: The Magical Mischief Tour

I read the “story” but I still don’t know much. What did this guy gain? Just a story to tell his grandkids? Did the ‘perps’ do any time? Any info would be appreciated.


3 posted on 12/09/2010 2:05:14 PM PST by Wingy (Don't blame me. I voted for the chick. I hope to do so again.)
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To: HiTech RedNeck

The article said it was out of his character. His character is one of a liar and trouble causer.


4 posted on 12/09/2010 2:06:59 PM PST by healy61
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To: The Magical Mischief Tour

There’s two types of cops in this world —those who’ve been caught in their lies and those who have yet to be caught lying...


5 posted on 12/09/2010 2:12:27 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: HiTech RedNeck

Fired, forever banned from being LEO, how’s that?


6 posted on 12/09/2010 2:20:14 PM PST by Old Professer (The critic writes with rapier pen, dips it twice, then writes again.)
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To: The Magical Mischief Tour
Smith pled guilty to 2 counts of false reporting and 1 count of fabricating evidence. He will not serve jail time but he received probation for 3 years.

Here's a link to the original story. It was a complete fabrication from top to bottom.

Oakland police continue hunt for suspects in officer's shooting

7 posted on 12/09/2010 2:26:30 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: Old Professer
Fired, forever banned from being LEO, how’s that?

Yeah, but he feels real bad about it. Isn't that enough punishment?

Must be nice to be able to commit felonies, yet get off with 3-years probation.

I wonder if the cops and DA in TN would be as easy on ordinary citizens? (</rhetorical>)

See: False Reports in Tennessee:

A person can be prosecuted for false reports under three different theories under Tennessee law. In Tennessee, it is unlawful for any person to:

Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that: 1) the offense or incident reported did not occur; 2) the person has no information relating to the offense or incident reported; or 3) the information relating to the offense reported is false; or

• Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from: 1) preventing the offense or incident from occurring or continuing to occur; or 2) apprehending or locating another person suspected of committing an offense; or

Intentionally initiate or circulate a report of a past, present, or impending bombing, fire or other emergency, knowing that the report is false or baseless and knowing: 1) it will cause action of any sort by an official or volunteer agency organized to deal with those emergencies; 2) it will place a person in fear of imminent serious bodily injury; or 3) it will prevent or interrupt the occupation of any building, place of assembly, form of conveyance, or any other place to which the public has access. Tenn. Code Ann. § 39-16-502 (2008).

The penalties for false reports in Tennessee are substantial. A violation under the first two bullets above is a Class D felony. A violation of the last bullet above is a Class C felony.

See: Tennessee Charges for Crimes by Felony Class:

Class D Felony - Not less than two (2) years nor more than twelve (12) years in prison. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute

8 posted on 12/09/2010 2:39:29 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: Ol' Dan Tucker

Tennessee has a serious problem with its cops, here is a site that tracks the news reports from around the state on police misconduct, and criminal cops.

http://whentennesseepigsfly.blogspot.com/


9 posted on 12/09/2010 2:41:45 PM PST by The Magical Mischief Tour (With The Resistance...)
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To: Ol' Dan Tucker
There’s two types of cops in this world —those who’ve been caught in their lies and those who have yet to be caught lying...

Bet somebody got a few tickets recently. Your line is getting old.

10 posted on 12/09/2010 3:40:51 PM PST by dznutz
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To: Ol' Dan Tucker
Must be nice to be able to commit felonies, yet get off with 3-years probation.

He lost his gun, job and his career. He will carry that felony conviction to his grave. No sense having the taxpayers pick up the tab for prison.

11 posted on 12/09/2010 3:46:44 PM PST by SeeSac
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To: SeeSac

He lied about this, my question is how many times did he lie in court, on arrest warrants, police reports etc... that resulting in others going to jail, being convicted...


12 posted on 12/09/2010 4:03:47 PM PST by The Magical Mischief Tour (With The Resistance...)
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To: The Magical Mischief Tour
He lied about this, my question is how many times did he lie in court, on arrest warrants, police reports etc... that resulting in others going to jail, being convicted...

Oh. He should go to jail because he MIGHT have lied at other times. Heck, why not hang him while we are at it. He may have murdered someone.

13 posted on 12/10/2010 8:30:40 AM PST by SeeSac
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To: SeeSac
He lost his gun, job and his career. He will carry that felony conviction to his grave. No sense having the taxpayers pick up the tab for prison.

Plus, he feel real bad, too.

If you can't do the time, don't do the crime. Or, at least that's what we're always told.

14 posted on 12/10/2010 8:41:42 AM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: dznutz
He gave an admission to law enforcement in January and is remorseful of what he has done. There's no reason or explanation, it was out of his character. He's thankful he got probation and accepts the judge’s sentence," said Smith’s attorney Leslie Ballin.

Imagine that. The first and only time in his career that the poor schmuck has ever lied and he gets caught. </sarcasm>

So, do you think he's sorry he did the crime, or just sorry that he got caught? </rhetorical>

15 posted on 12/10/2010 8:46:47 AM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: The Magical Mischief Tour

16 posted on 12/10/2010 8:54:15 AM PST by Oztrich Boy (History repeats itself, first as tragedy, second as farce - Karl Marx)
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To: The Magical Mischief Tour
Thanks for the link.

IMO, I suspect this type of problem is more widespread than we are being led to believe.

17 posted on 12/10/2010 12:46:43 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: The Magical Mischief Tour
Oops. Hit Post too soon.

The evidence that this is a widespread problem is that more and more police departments "misinterpreting" wiretap laws to prevent citizens from videotaping their actions.

This is occurring despite court rulings and memorandums from DAs telling police departments that they have no expectation of privacy when working as public employees in a public setting.

18 posted on 12/10/2010 12:49:46 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: Ol' Dan Tucker

I have no idea if, or for what, he is sorry for. If he did commit a crime, he should be punished. My response to you was in regards to your characterization that all cops are liars. Now you know that is not true, and if you still state so, you are being disingenuous.


19 posted on 12/10/2010 2:35:58 PM PST by dznutz
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To: dznutz
If he did commit a crime, he should be punished.

If?

I still maintain that it's safer to assume that all cops are goons and be pleasantly surprised than to assume that all cops are nice guys and find out the hard way that I'm wrong.

I'm sure cops do the same thing with everyone they meet, too.

20 posted on 12/10/2010 3:57:02 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: Ol' Dan Tucker

Sorry you feel that way. Why would you have occasion to have interactions with law enforcement, and then formulate such a low opinion of all officers?

I know why cops think that way. And it is with good reason.


21 posted on 12/10/2010 4:35:54 PM PST by dznutz
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To: dznutz
Why would you have occasion to have interactions with law enforcement, and then formulate such a low opinion of all officers?

As you suspected, I got a few tickets. The charges were dismissed once the cops lies were exposed in a court of law.

I know why cops think that way. And it is with good reason.

Like I said, it's safer to assume that all cops are goons and take the necessary steps to protect one's self than the other way around.

22 posted on 12/10/2010 5:11:46 PM PST by Ol' Dan Tucker (People should not be afraid of the government. Governement should be afraid of the people)
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To: Ol' Dan Tucker

Corrupt cops should be dealt with, no doubt about it. There is too much real crime occurring to have to sandbag a good citizen. Why any police officer would jeopardize his career and freedom is beyond me. I don’t know where you live, but I’ll assume it’s a small town where police officers are more revenue generators than crime fighters. The majority of police are honest. Sorry that you crossed paths with the minority.


23 posted on 12/10/2010 5:35:19 PM PST by dznutz
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