Randy Cassingham's Blog

Posted by Karl, Los Angeles, CA on June 13, 2009:

I got to deal with the aftermath when someone answered the questions police officers asked him.

One of my "adopted nephews" (I've been a friend of his family since before he was born) was accused of having molested his sister. The charge was made by his sister to her school counselor, and may have been made to get out of trouble she was in. He was removed from school, taken to the police station, and interviewed for several hours without his parents or an advocate present. After his blood sugar dropped low enough, and after being told he could go home if he told the police what they wanted to know, he made a statement.

Then he was arrested, and finally, read his rights.

He was released to his parents the same day, but under a court order that barred him from being under the same roof with his sister. So he, and his father and brother, spent the next few nights at my house. Although father and brother went home after a few days, the kid would live with me for the next couple of years.

Over the next few months, this would be The Incredible Shrinking Case. The charges were reduced from rape to misdemeanor battery. The sister recanted her claim, and in the end, the only evidence against the kid was his own statement made to the police.

I'll repeat that. The only evidence against him was his own statement.

Eventually, the lawyer worked out "Deferred Entry of Judgment" deal -- the kid is on probation. He keeps his nose clean, and doesn't cause any trouble for his probation officer, and the whole thing goes away.

He did, and it (presumably) did. (Though how well information can be sealed away in this day and age remains to be seen.)

In any event, he missed the last two months of the school year where he had been going at the time. He transferred to a school near my home while he was living with me, and was going to transfer back to a school near his own home when he moved back, but that school dropped the ball and let it stay dropped until he was over age 18. He has dropped out, and will eventually pursue his GED.

I hired a lawyer, since none of us had any faith in the public defender's office. That was $3500 out of my pocket. For an additional $500, I hired a forensic psychologist to interview the kid for an hour and write a report declaring him "Not A Predator".

And of course, there was time off work for any number of court visits while deals and other arrangements were made, and stress and general disruption all around.

So, to any officers of the law who are upset because people are being advised not to say anything to you, and not to make your life any easier -- Give me my $4000 back, and then I'll think about it.

Promise, in writing, in an iron-clad contract, that you'll cover any expenses that result from my cooperation, and maybe my lawyer will let me talk to you. (Oh, yes, the lawyer will be one of the expenses.)

But in the mean time, since you're the one holding all the cards, you can go play with yourself.

Posted by steve olathe, ks on June 13, 2009:

The Kansas City Flying Disc Club has a great relationship with city governments all around the area, including parks folks and police. We design, maintain (except routine mowing etc), and clean the park areas where we have Disc Golf courses. We've gotten awards for the volunteer efforts we, as a club, put out. Where disc golf courses go in, at least in the KC area, crime goes down.

But, one particular county Park Ranger staff is a little too assertive. Yes, alcohol is banned in the park. Yes, "other" things are banned there and elsewhere. The Club does its best to inform members and non-members to NOT HAVE ALCOHOL IN THAT PARK. Some people ignore that advice, and have been busted.

But, the Rangers seem to think that ALL disc golfers are boozers and dopeheads, and that they have the right to search any disc golfer and their vehicles at any time.

I don't think so.

Besides, it's possibly the least favorite course in the area, for most of the more serious players at least.

Posted by Paul, Port Washington, NY on June 13, 2009:

Again, ask if you are free to leave. If the cop says you are, leave. If you are not free to leave, you are UNDER ARREST already.

Posted by Mike from Iowa on June 13, 2009:

I delivered motorhomes for many years and have long hair and a beard. I have been stopped many times, I never talk to the officer, just hand him my papers and sit quietly. Out of all the times I have been stopped there have been no tickets for anything, they just wanted to bug the guy with the long hair. I no longer have any respect for the cops....

Posted by Eron in Vacaville, CA on June 14, 2009:

Many years ago, a friend of mine was eating lunch in his car, a red mustang, at a vista point near the industrial park where we work. He was quite surprised when officers pulled right to his car, and asked him to get out of the vehicle, and told him there had just been a robbery, and that his car matched the description of the vehicle, "would you mind if we searched your vehicle?" Having nothing to hide, he allowed them. His legally registered (and unloaded) Desert Eagle .50 cal handgun, in its case, and in the hatchback storage of his mustang (mustangs in thet series had no trunks) was declared a concealed weapon, and he was arrested. As it turns out, a white guy, in a red mustang, did not fit the description at all, it was a black male in a black sports car they were looking for. The charge of concealed weapon was not dropped (even though it was secured, and stowed, since it was not in a trunk, the driver "has access to it"), and even though it was legally registered, he had to "sell" the weapon to his brother, in order for the court to release the weapon (to his brother). I imagine that nowadays the weapon would never be released, for reasons not related to this discussion (gun paranoia and efforts to remove all firearms from the hands of the public).

And since I am sure there are those that would read this and ask why he had his handgun in the back of the car in the first place (and those that would would probably assume he was guilty of something just for having a gun, let alone a gun in his car), he was planning on going to the local pistol range after work.

The moral of the story, don't talk to cops, and don't allow them to search you, or your vehicle, or home, without a warrant.

Posted by Sharon, Calgary, AB Canada on June 14, 2009:

Like the fellow who delivered motorhomes and "looked like a criminal" (not my definition but unfortunately others) my brother and my son have both been stopped my the police several times. Instead of DWB (Driving while Black) it is WWS or DWS (Walking/Driving while Scruffy). One night my brother had been at a party at an acquaintance's and had just left a short while before when the police stopped by and said they were looking for a Pat and Dave in connection with some investigation. Someone piped, Oh they just left in a blue van. Within minutes, my brother (Patrick) was stopped with his friend (David) and their girlfriends. They experienced the whole get out slowly one at a time, hands behind your head, walk slowly backwards to us, with multiple guns pointed at them at the time, they heard the cocking of the guns. After interrogation it was determined the "only crime they had committed" was their choice of style. Profiling at its finest.

Unfortunately, not all cops are good. My son's long-time friend is the son of a cop. His father once beat him so hard as a 17 year old that he broke two of the kids ribs. What did the kid do to prompt this beating? - he pierced his ears. Yes, police are human and prone to all the faults that all other humans are prone to including bias and prejudice.

I agree don't talk without a lawyer unless you are the victim of the crime and even then tread softly.

Posted by John in Phoenix, AZ on June 14, 2009:

From my interaction with law enforecement both professionally and personally and Randy's rants on ZT, when my teenagers started driving I was concerned about their reaction to a traffic stop. A friend recommended "BUSTED: The Citizens Guide to Surviving Police Encounters" video from FlexYourRights.org.

I ordered and reviewed the video then had my wife and children watch the movie. We discussed the content at dinner and worked out a response to the events shown in the video. Mind you I do not generally agree with the positions the ACLU takes on many cases but when they do good work we need to recognize their effort. This video is a great way to educate you and your family on how to deal with the confrontations that will occur.

Remember, the job of the police and the prosecution is to assign guilt and obtain a conviction. Most of the time they get it right but they personally have no liability in convicting the wrong person.

Posted by Paul, Port Washington, NY on June 14, 2009:

Here's a funny one. 2 weeks ago my motorcycle was stolen from the service lane of the LIE. It wasn't particularly valuable but it was my son's basic transportation and would be missed. He broke down on the highway at midnight, called me and we left the bike there until the next day when we could borrow a truck to pick it up. When we went to get it, it was gone so we went to the local PD which was one of those North Shore jurisdictions where the biggest crime is a missing cat.

I told the desk Sargent what had happened and she walked back to the squad room and asked if anyone had seen the biked parked there overnight. I over heard the conversation where one of the cops said indignantly "That wasn't stolen, I saw them picking it up with a trailer this morning at 9:3......" and he stopped in mid syllable when he realized he witnessed the actual thieves taking the bike.

I played deaf when he brought me in to an interrogation room, pretending that I hadn't over-heard him. I thought he was going to arrest me on insurance fraud, that is until I told him I didn't have any theft insurance (and confirmed that he was both a putz and a witness to the actual thieves taking it).

I happen to be a defense attorney and recommend to my clients (and my kids) that they keep a little stick recorder in their shirt pocket. If they get pulled over, hit record, state the time and date and wait for the officer to come to your window. This way if you're ever stopped you have it on tape. My son was inspired once and did this (I always tell them to preserve evidence) with his little digital camera and it turned out to be critical evidence that resulted in a dismissed harassment charge against his cousin.

A cop's job is to clear a complaint with an arrest. (anyone's). They do not get promoted for making peace, they get promoted and get those little gold shields which translates to pay raises, for making more arrests than the other cops in their department.

Posted by Bergman, Seattle WA on June 15, 2009:

Paul,

Unfortunately, that stick recorder advice may not be legal in all jurisdictions. In some places, my location for one, doing so is a felony unless the officer consents to the recording before it is switched on.

---

That's fairly ludicrous, since surely the police have no qualms about doing it. Time to change the law! -rc

Posted by michael, plantsville ct on June 15, 2009:

When I was 20 years old I had long hair. One time I was in my truck and while waiting at a red light was read ended. The driver, an older man, was very upset when I approached his vehicle to ask if he was okay, and after getting out of his car starting taking swings at me knocking my glasses off.

When a cop finally arrived the guy started yelling that I attacked him! So the cop looks at me and says "what's this about assault?". As he starts to reach for me, I assume to take me into custody, some guy comes running up and says "I saw the whole thing officer can we talk?". Turns out the witness was an off duty state trouper who told the cop what 'really happened'. The cop later tells me that without the witness, I would have been arrested for assault based solely on the guy's claim and, oh yeah, his wife's nodding agreement. Never mind the guy was so drunk that not only did HE REAR END ME, but he peed his pants too.

I didn't even get a chance to SAY ANYTHING and I was guilty.