I LOVE Carolla. Tells it like it is, and isn't afraid to get belligerently angry on the air. I kind of think of him like a modern day Carlin when it comes to speaking his mind and cutting through the bullshit.
Riley then acquired a no-knock warrant based solely on the informant's unverified claims, omitting everything the task force had observed (that being "nothing") as well as the results of the background check. Judge Pooler dissembles exactly how Riley lied by omission to obtain this warrant.
For each of the search locations with the exception of McColley’s home, Riley identified the resident individual and described his or her ties to drug dealing and criminality. Riley never mentioned McColley’s identity, lack of criminal history, or even the fact that there was a resident who lived at 396 First Street—as opposed to the apartment being a location exclusively used by Stink in his drug dealing enterprise. In the warrant application, Riley also made no mention of the fact that surveillance had been conducted and yielded no evidence or even suspicion of narcotics or other criminal activity…
While it is indeed the case that where a warrant “does not report a prior conviction for a particular crime, the magistrate assumes for purposes of determining whether the government has carried its burden that no such conviction exists,” Walczyk, 496 F.3d at 161, the pertinent omission here was not merely McColley’s lack of criminal history. Rather, McColley herself was omitted entirely from the application. The issuing judge did not have the benefit of assuming that “no such conviction exist[ed]” because he was not informed that anyone other than Stink, who was the identified target of the drug investigation, resided in or maintained the first floor apartment at 396 First Street.
Riley, on the other hand, fully knew that McColley, an individual with no criminal history and no purported ties to the targets of the drug investigation, lived there with her child. Especially in the face of Riley’s inclusion of the identity of the residents for each of the other apartments and their present connection to the drug trade, the omission of McColley’s existence is all the more glaring. As drafted by Riley, with no mention of McColley, the warrant application makes it appear to the issuing magistrate that Stink was the only individual with custody and control of 396 First Street. If the residents of 396 First Street were properly identified, a reasonable issuing judge would have questioned the assertion that Stink had “custody and control” over the apartment.
Not only did Riley omit McColley's very existence, but he covered up other areas where evidence lacked. Pooler attacks Riley's double-standard on submitting supporting facts in his warrant applications.
While the police may not have been required to corroborate the CI’s assertions, once they undertook this surveillance and observed no such criminal activity, this lack of corroboration should have been included in the warrant application. The materiality of this information is underscored by the common sense observation that if the surveillance had yielded evidence of criminality, that information certainly would have been included in the warrant application and deemed to have been damning. The mere fact that the outcome of the surveillance was not the one the police would have preferred does not render the information immaterial.
These omissions are what cost Riley his immunity in the first place. The lower court determined these factual omissions raised sufficient Fourth Amendment questions that the county and its employee could not be granted immunity, which the defendants sought through a motion for summary judgement. This was denied and the immunity yanked, prompting the appeal to 2nd Circuit Court. This appeal has now been denied. Despite Pooler's enumeration of Riley's wrongdoing, the appeal is mainly denied on technical grounds (i.e., lack of jurisdiction).
The case is now being sent back to the lower court for a jury trial. McColley still has a chance to hold the county and Riley accountable for violating her Fourth Amendment rights.
A former Florida Department of Law Enforcement crime lab analyst is free on bond following his arrest in an evidence tampering investigation.
The FDLE, along with the Escambia County Sheriff’s Office, arrested former Pensacola crime laboratory chemist Joseph Graves Tuesday on charges of grand theft, 12 counts of tampering with or fabricating physical evidence, and nine counts of trafficking illegal drugs.
Investigators said they believe Graves, 32, replaced prescription pain pills with over-the-counter medications while processing drug cases.
"The actions of Joseph Graves are disgraceful," said FDLE Commissioner Gerald Bailey. "FDLE is working with State Attorneys’ Offices statewide to ensure he is held accountable for his actions. I appreciate the hard work and dedication of our FDLE members who are working swiftly and diligently responding to this situation.”
Graves was arrested at the Escambia County Jail at approximately 6:30 p.m. His bond was set at $290,000 and has since bonded out.
Since 2006, FDLE agents said Graves processed 2,600 cases that spanned 35 counties in Florida, including Hernando, Lake, Marion, Osceola, Pasco and Sumter. On Monday, 80 agencies were notified of the tampering.
St. Cloud police announced it is reviewing 16 cases from several years ago that may be linked to this case.
The investigation began Thursday, Jan. 30 when Escambia investigators noticed prescription pain pills missing from the evidence locker room.
Graves, who was relieved of duty Friday, Jan. 31, issued his resignation Monday and asked for the agency to issue any money owed to him.
The FDLE said additional charges are possible in this ongoing investigation.
This video from last night at sheetz in Moorefield WV shows where the officer runs over a innocent man laying on the ground and all but kills him. Lets make our voice heard to stop this. Police think they are above the law.
Krystle’s son Courtney Silvera was eating his breakfast cereal when the cops began knocking on the door.
The visit soon spiraled out of control shortly after cops began pounding on the front door at 7 a.m. on Jan. 30, 2013, according to the complaint filed in Brooklyn Federal Court.
Silvera’s 61-year-old mother, who is suffering from brain and lung cancer, answered the door but had difficulty understanding the cops’ reason for being there, the suit said.
The curious child went to see what was going on, grabbed his mother’s cell phone and began recording the commotion.
“The police had come to our house before (due to the domestic violence complaint) and he’s fascinated by the police, he looks up to them,” Silvera, 30, a nursing student at Long Island University, told the Daily News.
But the cop apparently didn’t like being recorded and began assaulting the child, the suit said.
“I heard my son screaming, ‘You can’t do that! You’re hurting me! Don’t hit me!’ ” she said.
The mother had been upstairs getting her 5-year-old daughter ready for school. She bolted downstairs into the fray, dressed in her underclothes, and was grabbed by a cop who pulled her outside in the freezing cold, the suit alleges.
While Silvera was being restrained, her breast popped out of her bra revealing a pierced nipple, according to the suit.
“The officer flicked the piercing, he flicked the ring up with his finger on my right breast,” she said. “He said, ‘Is this what mothers look like these days?’
“My neighbors saw me naked. It was degrading. I can deal with the embarrassment of what (the police) did to me in front of my neighbors, but the hardest thing is explaining to my kids that not all police are bad,” she added.
Silvera was charged with assaulting the cops and released two days later on $1,500 bail.
When she returned home, Courtney’s leg was black-and-blue and swollen, she said. The boy was taken to Kings County Medical Center, where an X-ray showed his leg was fractured.
But Courtney’s dream of becoming a detective someday hasn’t been shattered.
On July 27, 1996, a terrorist's bomb exploded in a crowded Centennial Olympic Park during the Atlanta Olympic Games. The death toll might have been far higher if not for security guard Richard Jewell, who hours after his heroism was called a murderer.
Isn't that where 95% of the problem stems from? They wan't to be in change, and you should obey their authority. To not do so insults themselves and the system, and that is unforgivable, so they have to get back at you in any way they can.
I actually had a dream this morning after hitting the snooze where I was a victim of police brutality. First one of those I can recall.
Well didn't you know. It's more important that people obey your requests, than to do their job and help someone who was in an accident, possibly badly injured. ******* petty cops.
Yuh - "Respect my authoritah!" is the supreme law of the petty megalomaniac.
Seems odd to call it a request of one is going to beat the daylights out of one who does not grant the request. - Is request just funny way to spell demand or command?
Maybe it is some Orwellian definitions, "Freedom is slavery"?
In August of 2011, Columbia police officer Rob Sanders charged at Kenneth Baker, an inmate standing in a holding cell, causing his head to smack against the wall. The police brutality incident was caught on the jail's surveillance video and ended up costing the city $250,000 in an out-of-court settlement. It also cost Sanders his job -- but he wants it back.
Kevin Ahlbrand, the president of the Missouri Fraternal Order of Police told KBIA in 2011: "It wasn't intentional for the person to be injured. The intent was to take him to the ground and handcuff him to the ring, which is the past practice and policy."
Sanders stood trial in October of last year for a third-degree assault charge because of the incident and was found not guilty. That verdict is being used as evidence that he was wrongly terminated and acted appropriately.
This has to do with money, he was on the force for 18 years, needs another 7 to live like a king for life.