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 ...
Correction - the person stopped doesn’t “believe he has rights”, the person HAS rights, regardless of his beliefs.
I don’t know if you intended, but you sound like this cop in the article:
“I was faced with a person in his home who believed he had rights. I took that as agressive action and proceeded to kick his ever-loving @ss!”
A couple of former cops said I needed to remember that the cop has control, because the cop gets to write up the report and the courts will believe him. I think that is why they get so upset if someone starts recording them...their ability to ‘convict’ you of anything they want goes away. It is a shame. When I was young, I trusted cops. Now I see shaved headed fat guys covered in paramilitary gear, and I wonder what Sheriff Andy Taylor would think.
When I see a cop with a shaved head, I think, “Golly, I didn’t need to shave my head even when in the field as a liaison officer working with the Army. So if I didn’t need it to keep clean or wear a helmet 24/7, then why does Mr Wannabee shave his noggin?”
LOL! No, but the taxpeasants of LA certainly were.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance.
Lot of "eating out of the substance" on that one...
You look better in GEAR that way.
One of the reasons for $200 sunglasses, too.
Not as far as I know. I think they got paid leave while it was investigated. I’m certain some other FReeper will be by shortly to correct me if I’m wrong.
A case in point. FReepers are awesome!
Glad to be of service (tips hat).
Ms. Hernandez and her daughter are lucky to be alive...and the “privacy” nonsense spouted by the political animals (aka “public servants”) is just that, nonsense.
Those idiots (and the ones who almost killed the other guy) should have been fired and never allowed to work in any type of job that requires firearms.
Someone oughta find a pic of this thug and post it here.
The officer probably did act stupidly, but in the new world where such officers are allowed to be/play stupid the man has no societal trump card.
Yep and probably some personal envy in there also. Looking down during his morning shower this thought once again was reinforced in his JBT ‘roided up God like acting mind: OH BOY, IS SOMEBODY GONNA CATCH HELL TODAY FOR THIS LITTLE THING....
And HIS address so we'll know when we're in a dangerous area
I got picked up in Kansas City in a similar situation, I parked my car at the end of my sidewalk and went to my front door, and when I discovered that I didn’t have my house key, I tapped on the front window to wake my wife.
A cop saw me and showed up making a big deal of it, but he refused to just knock on the door to wake my wife (we had only been in town a few weeks, so ID was out of state), it had me laughing, he refused to walk up the 25 feet to the front door to wake my wife and end the situation.
I ended up handcuffed and taken to the station and it was a complete waste of time and money, but the cop was just trying to kill the evening and get out of the field for a couple of hours.
Take it to a jury and expose the cop for the punk he is and the prosecutor for their own stupidity. I have sat on several juries over the years for everything from car wrecks, to assaults and murder, this guy would walk in about 5 mins. or less deliberations.
I am talking about “RIGHTS” in the abstract. French Revolution “RIGHTS” “Rights” to dental care, “Rights” never to be questioned by the police coupled with the “RIGHT” to mouth off at the poor guy whom we hire to investigate and to ask questions. I am not saying all cops are good guys but many people are unnecessary loud mouthed pigs. They have an “attitude” and do not cooperate when cooperation would not be a material burden.
True enough. That doesn’t appear to be the case here though - especially considering he was in his own home.
Remember though the cop was called to the site as a possible burglary in progress. Can you imagine the screams if a cop under a similar call said in effect to the person in the house “Oh Fie, you are a person in the house and are therefore the owner and I shall leave.”
I can neither imagine nor expect such a thing. What I expect is the cop recognize his position in the community as a public servant entrusted with public safety - and politely ask this particular member of the public, “I’m sorry sir, I didn’t get the information from your ID. Could you show it to me again and let me verify your residence?”
At that point, with the suspect stating that he lived there, and apparently showing no belligerence beyond what would be expected from a man confronted in his own home, physical contact was ABSOLUTELY uncalled for. He had lots of option besides taking the guy down and arresting him. The cop, assuming accurate reporting in this story, is an idiot and a bully - he should be off the force.
The guy in the house could just as easily said: “Oh sorry you did not get the info” Here! I’m not arguing that this particular cop is a saint. I don’t know. I’m merely pointing out a frequently expressed attitude obnoxiously stated “I have my “RIGHTS you pig.” As the man said over a hundred years ago: “A policeman’s lot is not a happy one.”
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