Category Archives: Filing Complaints

GANG TASK IS UNCONSTITUTIONAL

It never ceases to amaze me that no one investigates the allegations of abuse by gang task force, mainstream media is quick to throw headlines together about gang task force arrested bikers as gang members, but you will never see a headline that tells the truth about how gang task force officers violate on a daily basis, the civil rights and constitutional right of bikers.  What will it take for government oversight to look into the illegal activities and actions of these unconstitutional groups of law enforcement.297902_10201025299862636_652253574_n

 

The members of these groups operate off of bad information in a poorly educated as to what a gang member really is, they harass and target anyone who wears a patch or has any type of support gear, patches, and stickers on their person, vehicles or motorcycles.  These groups are highly unconstitutional in the way they carry out their duties.

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This document alone shows that they are basically standing in the dark and tried to pin gang titles on motorcycle club members.  Their intelligence to put it frankly is a joke.  They have no clue what they are doing, nor do they have any of their facts straight.

 

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Another Blant Act Of Profiling Motorcycle Club Members As Gang Members and Terroist

Should Foreign Hells Angels Be Allowed in the United States?

The Hells Angels Motorcycle Club has filed a lawsuit against several federal agency heads, claiming the group’s foreign members have been wrongfully banned from entering the United States.

Homeland Security Janet Napolitano, Secretary of State Hillary Clinton, and U.S. Citizen and Immigration Services Director Alejandro Mayorkas are named as defendants in the lawsuit, as the lawsuit claims their executive rules could be violating the Hells Angels’ constitutional rights.

The federal lawsuit contends that several foreign Hells Angels members applied for visas last year to attend one of the club’s major events in New Hampshire, and they were denied, based on their membership with the Hells Angels.

According to the lawsuit, “[m]any members” of the Hells Angels don’t have criminal records, and the club says it’s not a “criminal organization.”

On the other hand, the lawsuit recognizes that Homeland Security and the Department of State made an agreement to define the Hells Angels as a “known criminal organization” in the Department of State’s Foreign Affairs Manual — thus making them ineligible to obtain a visa.

But the Hells Angels’ lawsuit claims this rule flies in the face of the congressional immigration legislation that allows immigration officials to deny visas for security reasons.

“Defendants will deny visas to all aliens based solely on their membership in a Hells Angels charter without further analysis into whether or not that individual seeks to enter the United States to engage solely, principally, or incidentally in unlawful activity,” the lawsuit states.

The Hells Angels are ultimately seeking a permanent injunction against the rules that are keeping its members from getting visas — which would likely apply to other biker gangs listed by the State Department, like the Outlaws, Bandidos, and Mongols, as well as street gangs like MS 13 and the 18th Street gang.

Source: Valley Fever
Hells Angels Napolitano

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COPBLOCK.ORG – What A Great Site

If you are many people who just don’t trust cops anymore, then you will find this site to be one of your favorites, it is dedicated to holding the cops accountable for their actions as we should.

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As Passenger Do Cops Have A Right To Ask You For ID?

This is a question I have a lot “Do I have to show my ID on a traffic as a passenger?”

The officer can ASK, but no, the passengers don’t have to give him identification unless there is probable cause to suspect them of something. (The driver is another story — if he’s been pulled over for speeding or something, he does have to show his license.) If a police officer asks to see your ID, ask (politely!) if you are being accused of something, if so, what, and if you are free to go. If you are free to go, then you don’t have to show identification.

A lot of people have no idea what their legal rights are — and a lot of cops apparently either don’t know or don’t care. Just because cops “do it all the time” doesn’t make it either legal or right! Make sure you know your rights and protect them. Otherwise we’ll all be living under the Gestapo in pretty short order. The website below gives some useful tips. Hope it helps.

When do I have to show police my ID?

From here, ID laws only get more complicated. In Hiibel v. Sixth Judicial District Court of Nevada, the Supreme Court upheld state laws requiring citizens to disclose their identity to police when officers have reasonable suspicion to believe criminal activity may be taking place. Commonly known as “stop-and-identify” statutes, these laws permit police to arrest criminal suspects who refuse to identify themselves.

As of 2008, 24 states had stop-and-identify laws. Regardless of your state’s law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you’re involved in criminal activity.

But how can you tell if an officer asking you to identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. One way to tell if they have reasonable suspicion is to determine if you’re free to go. You could do this by saying “Excuse me officer. Are you detaining me, or am I free to go?” If the officer says you’re free to go, leave immediately and refrain from answering any additional questions.

If you’re detained, you’ll have to decide whether withholding your identity is worth the possibility of arrest or a prolonged detention. In cases of mistaken identity, revealing who you are might help to resolve the situation quickly. On the other hand, if you’re on parole in California, for example, revealing your identity could lead to a legal search. Knowing your state’s laws can help you make the best choice.

Keep in mind that the officer’s decision to detain you will not always hold up in court. Reasonable suspicion is a vague evidentiary standard, which lends itself to mistakes on the officer’s part. If you’re searched or arrested following an officer’s ID request, always contact an attorney to discuss the incident and explore your legal options.

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Preventing Police Abuse

SOME OPERATING ASSUMPTIONS

  THE BAD NEWS…..is that police abuse is a serious problem. It has a long history, and it seems to defy all attempts at eradication.
 The problem is national — no police department in the country is known to be completely free of misconduct — but it must be fought locally. The nation’s 19,000 law enforcement agencies are essentially independent. While some federal statutes that specify criminal penalties for willful violations of civil rights and conspiracies to violate civil rights, the United States Department of Justice has been insufficiently aggressive in prosecuting cases of police abuse.
 There are shortcomings, too, in federal law itself, which does not permit “pattern and practice” lawsuits. The battle against police abuse must, therefore, be fought primarily on the local level.
 THE GOOD NEWS…..is that the situation is not hopeless. Policing has seen much progress. Some reforms do work, and some types of abuse have been reduced. Today, among both police officials and rank and file officers it is widely recognized that police brutality hinders good law enforcement.
This is why I have made this site, if we don’t start documenting police abuse we will never win this fight against dirty cops who stop bikers or motorcyclist, violate our rights, harassment of people who wear support clothing, profiling club members wearing their vest, beat us, search our bikes & person, arrest us on fake charges; this site is for you so lets make it work for us. All information is protect and will used to show that there are dirty cops, where they are, which departments are allowing profiling. I am prepared to fight, I will fight this fight by my self if I must, I welcome all who will stand with me and we can make a difference.
To fight police abuse effectively, you must have realistic expectations. You must not expect too much of any one remedy because no single remedy will cure the problem. A “mix” of reforms is required. And even after citizen action has won reforms, your community must keep the pressure on through monitoring and oversight to ensure that the reforms are actually implemented.
 Nonetheless, even one person, or a small group of persistent people, can make a big difference. Sometimes outmoded and abusive police practices prevail largely because no one has ever questioned them. In such cases, the simple act of spotlighting a problem can have a powerful effect that leads to reform. Just by raising questions, one person or a few people — who need not be experts — can open up some corner of the all-too-secretive and insular world of policing to public scrutiny. Depending on what is revealed, their inquiries can snowball into a full blown examination by the media, the public and politicians.
II. GETTING STARTED: IDENTIFYING THE PROBLEM:
 You’ve got to address specific problems. The first step, then, is to identify exactly what the police problems are in your city. What’s wrong with your police department is not necessarily the same as what’s wrong in another city. Police departments are different in size, quality of management, local traditions and the severity of problems. Some departments are gravely corrupt; others are relatively “clean” but have poor relations with community residents. Also, a city’s political environment, which affects both how the police operate and the possibilities for achieving reform, is different in every city. For example, it is often easier to reform police procedures in cities that have a tradition of “good government,” or in cities where minorities are well organized politically.
The range of police problems includes:
Excessive use of deadly force.
Excessive use of physical force.
Discriminatory patterns of arrest.
Patterns of harassment of such “undesirables” as the homeless, youth, minorities and gays, including aggressive and discriminatory use of the “stop-and-frisk” and overly harsh enforcement of petty offenses.
Chronic verbal abuse of citizens, including racist, sexist and homophobic slurs.
Discriminatory non-enforcement of the law, such as the failure to respond quickly to calls in low-income areas, and half-hearted investigations of domestic violence, rape or hate crimes.
Spying on political activists.
Employment discrimination — in hiring, promotion and assignments, and internal harassment of minority, women and gay or lesbian police personnel.
The “code of silence” and retaliation against officers who report abuse and/or support reforms.
 Overreaction to “gang” problems, which is driven by the assumption that most or all associational activity is gang-related. This includes illegal mass stops and arrests, and demanding photo IDs from young men based on their race and dress instead of their criminal conduct.
 The “war on drugs,” with its overboard searches and other tactics that endanger innocent bystanders. This “war” wastes scarce resources on unproductive “buy and bust” operations to the neglect of more promising community-based approaches.
Lack of accountability, such as the failure to discipline or prosecute abusive officers, and the failure to deter abuse by denying promotions and/or particular assignments because of prior abusive behavior.
 Crowd control tactics that infringe on free expression rights and lead to unnecessary use of physical force.
III. GATHER THE FACTS
 The first thing to bear in mind about the “homework” community residents have to do in order to build a strong case for reform is that obtaining the most relevant information on the activities of your police department can be a tough task. In answer to critics, police chiefs often cite various official data to support their claim that they are really doing a great job. “Look at the crime rate,” they say, “it’s lower than in other cities.” Or: “My department’s arrest rate is much higher than elsewhere.” The catch is that these data, though readily available to citizens, are deeply flawed, while the most telltale information is not always easy to get.
 FORGET The “Crime Rate.” The “crime rate” figures cited by government officials are based on the FBI’s Uniform Crime Reports (UCR) system, which has several serious flaws. To name only a few: First, the UCR only measures reported crime.
Complaint form, this the most powerful tool you can against police abuse. I have made this form for you so all the incidents of police abuse can be documented.
Second, since the system is not independently audited there are no meaningful controls over how police departments use their crime data. Police officers can and do “unfounded” crimes, meaning they decide that no crime occurred. They also “downgrade” crimes — for example, by officially classifying a rape as an assault. Third, reports can get “lost,” either deliberately or inadvertently.
SIDEBAR: OPEN RECORDS LAWS

Each of the 50 states has a freedom of information act or an open records law. Virtually all such laws were enacted post-Watergate, in the mid-1970’s. Under these laws, community groups can request and obtain access to police reports, investigations, policies and tape recordings regarding a controversial incident, such as a beating, shooting, or false arrest. If the police refuse to disclose information to representatives of your community, that refusal in itself should become the focus of organizing and public attention. Ultimately, your community can sue to compel disclosure, unless the records you seek are specifically exempted.

STRATEGY #4: EDUCATE THE PUBLIC
PROFILE: Police Practices Project, ACLU of Northern California The Police Practices Project conducts education programs to teach citizens about their constitutional rights. One aspect of the police abuse problem, the project believes, is that the police tend to abuse certain people partly because they think these individuals don’t know their rights, or don’t know how to assert their rights. The project also believes that its programs have the added advantage of recruiting groups and individuals to work in police reform campaigns.

The project also publishes wallet-size cards in English, Spanish and Chinese that inform citizens about what to do or say in encounters with the police. These cards have been widely distributed in the community. (One card-holder reported that he pulled out his card when confronted by a police officer, only to have the officer reach into his wallet and pull out his own copy of the same card!)

The project believes that individual citizens and community groups become informed about police policies just by participating in the preparation of educational materials and training sessions. That participation also fosters awareness about particular areas of police practice that need reform. Most important, education empowers even the most disenfranchised people and helps deter the police from treating them abusively.

If Your Are Stopped in Your Car

Show your driver’s license and registration upon request. You can in certain cases be searched without a warrant so long as the police have probable cause.
To protect yourself later, you should make it clear that you do not consent to a search.
If you are given a ticket, you should sign it, otherwise you can be arrested. You can always fight the case in court later.
If you are suspected of drunken driving and refuse a blood, urine or breath test, your driving license can be suspended.
If You Are Arrested or Taken to a Police Station You have the right to remain silent and talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Do not give explanations, excuses or stories. You can make your defense in court based on what you and your lawyer decide is best.
Ask to see a lawyer immediately. If you cannot pay for a lawyer, you have a right to a free one, and you should ask the police how the lawyer can be contacted. Do not talk without a lawyer.

Source: Bikers of America see full document.

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Why Is It Important For Bikers/Motorcycle Riders To Document Police Encounters?

Recently, law enforcement officials have intensified their harassment of individuals who are members or associates of motorcycle clubs.  Local police departments, including the San Francisco Police Department, consider many motorcycle clubs to be gangs.[1]  Very commonly, police officers will harass bikers or attempt to obtain information about bikers by pulling them over while they are riding their motorcycles

A number of Constitutional rights are violated when bikers are unlawfully pulled over.  For example, bikers have the right to be free of unlawful searches and seizures, a right that is violated when police officers conduct a search or an arrest without probable cause, or when police officers stop, question, and conduct a pat-down without reasonable suspicion that the person is about to commit a crime. Source: William Weiss

1. It shows there is a problem.

2. It starts a paper trail so that the officer(s) and department can be held accountable.

3. It serves as evidence.

4. It will help you record what happen and may be used in court to prove your innocence.

These are just a few but possibly the most important. With that said we here at Police Profiling Patches have created a form which will help capture this information for you. If you would like to use our Complaint Form which is on a password protected page and requires a password which may only be obtained by contacting us.

 

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