Posted on 04/17/2014 7:32:58 AM PDT by mandaladon
An Air Force captain discovered he was banned from Naval Post Graduate School in Monterey, California, due to pending charges against him from a previous encounter with a cop who had tried to arrest him for entering his own home.
The charges resisting arrest and obstructing an officer have infuriated Captain Nicolas Aquino, a first-generation immigrant whose parents came to the United States from Paraguay as political exiles.
Last December, an officer paid a visit to Aquinos Monterey residence. Apparently, a neighbor had seen a man entering Aquinos home, and reported a possible burglary to the authorities.
The burglar was Aquino himself. No one else was in the house.
The officer told Aquino that he needed to see identification, according to KSBW.
At that moment Im like, Excuse me sir, but who are you? And why are you here? said Aquino in a statement.
Aquino, who is well aware of his Constitutional rights, asked the officer if he was being detained. The officer said that he was.
And so I said, OK, then my name is Nicolas Aquino. I live right here. Im in the military, said Aquino.
Aquino showed the officer a deputy with the Monterey County Sheriffs Department his military ID, but did not hand over the card. The officer interpreted this move as a hostile act, and proceeded to tackle Aquino, slam his head into the ground and put him in a choke hold.
The police report described the officers actions more favorably.
(Excerpt) Read more at dailycaller.com ...
Charged for being in his own house?
sniff.......smells like lawsuit.
They’re not acting.......................
Huh - I bet. Wonder how you whitewash assault without cause?
This officer acted stupidly.
Like Islam???
Cops are the enemy of freedom and America.
The thug cop needs a new interpreter ... and a lawyer.
Not all of them are. Plenty of places they still hold themselves to higher standards than what you read about here. They never make the news though, which is too bad because they get lumped in with aholes like this guy appears to be.
“Sounds like a CYA belated arrest to defend against any civil lawsuit”
They will use the criminal court system and the prosecuting attorneys will take a dual role not only as prosecutors but also act as defense attorneys to create the standard Good faith, probable cause, honest mistake, plausible deniability defense for the civil suite.
Just ask form a complaint form and see what happens...
Wanna File a Police Complaint (Arrested for Trying)
https://www.youtube.com/watch?v=w8v7lF5ttlQ
Surprise, surprise.
This happened to me last year. I came in through the garage and forgot to turn off the alarm. A few minutes later a couple cops knocked at my door. They explained why they were there, and asked me to step outside, which I did, without complaint. I explained what had happened, and they too, asked to see my ID, which I showed them so they could verify the address was the same. We had a couple moments of small talk, then I thanked them for responding. I didn’t get my head bashed in, or have to fight charges in court or nothing. Just saying.
At least you got that part right.
Part? A law abiding citizen is in his own home, he shows his ID, the cop decides by pulling his arm back, that he is aggressive? Baring any new info, or being a fly on the wall, the facts suggest that the cop escalated the situation, then he charges the homeowner to cover for his own escalation. By all accounts, the captain in the Air Force is exemplary, what do we know about the cop? That he did not handle checking into a false complaint without violence. Seems to me it can be summed up as “he was arrested for being in his own home” to me.
How can the officer establish identification if he doesn't have enough time to read the name and address?
But the police are our friends, and would never do anything to infringe on our rights.
/sarc
It would. The man was lucky the cop did not kill him. I have learned my lesson and that is never, never, never, never call the police.
My take is that the cop will at least get an award, and perhaps a promotion. The only negative on the award vs. promotion is that the cop did not kill him. If he had killed him, a promotion would be assured.
Why are you defending the cop with all the articles posted on here of their terrible behavior?
Nully, here is one for the Wolf. Bobby, ping.
Same here.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.