July 23rd, 2014

California Cop Arrests Man for Video Recording “Private Cars” from Public Sidewalk (Updated) 310

By Carlos Miller

A Southern California police officer arrested a man for video recording “private cars” from a public sidewalk.

The Covina police officer named K. Counts then handcuffed the man when he refused to provide identification, claiming that they were looking for a suspect on the loose, and that it could have very well been the man with the camera who decided to return to the crime of the scene, knowing he was being sought.

But from the video, it didn’t appear to be much of a manhunt.

There were no helicopters or cops searching yards. There were just a group of cops talking to some citizens from several yards away when the man, who goes by Damon Enz on Youtube, but identified himself as “David” to the officer.

The cop then told him he had the right to pat him down for “officer safety reasons.”

David obliged to let himself be patted down, which was when the cop knocked the camera out of his hand and handcuffed him.

David’s mother came out and picked up the camera, continuing to record, pleading with the cop to release her son, but the cop insisted that he was “obstructing my investigation.”

Another cop came up and walked towards his mother, which is when the video stops.

The incident took place June 30, 2014. David was incarcerated for six hours. Charges have since been dropped.

From his Youtube description:

This video contains content of me being harassed by the Covina police department for filming on a public sidewalk this officer was out of line I was ASSULTED, KIDNAPPED, and my personal property was STOLEN from me because the officers pride was hurt what he did was wrong don’t be afraid to hold corrupt police accountable for their actions!! I was also charged for obstruction and false I.D. even though his job wasnt being obstructed and i provided him with my true name even tho i didnt half to!!! The charges were dropped so the department can cover up their corruption!! ive been harrased by them multiple times for petty things what this officer did was commit multiple felonies and he needs to be charged!!!!!!

But it’s clear that officer, first name possibly Kenneth, had no reasonable suspicion that David was committing a crime. Just because he purported there was a suspect loose, there should need to be at least a matching description for the cop to proceed with a pat-down.

Counts is just another bully with a badge, knowing that even though the charges against David will likely be dismissed (they were), he was able to shut him down from recording.

Even though the charges were dropped, you can still contact Covina Police Chief Kim Raney at (626) 384-5600 or kraney@covinaca.gov or you might be able to reach the cop at kcounts@covinaca.gov.

UPDATE: Chief Kim Raney responded to PINAC’s request for comment with the following statement:

Press Release Document-Chief Raney Statement 7.23.14


Send stories, tips and videos to Carlos Miller.
  • Megan

    Officer Cunts needs to get fired.

    • Rick Hiltz

      shot in the head

      • Sam Mdws

        There really is nothing wrong with this sentiment.

      • DallasCynic

        Physical violence is never the answer. I have advocated personal officer responsibility. They lose the bank account, the pension, the house, lake house, F-950 MegaDuty, 95″ 3D LCD HD TV, the boat/Seedoo, gun collection and the dog. In short everything they care about before the public kicks in.
        Physical violence creates a martyr. Financial violence creates this:

        Daddy, I want to go to college.
        Dear, you can’t go to college. Daddy was a putz and did something stupid and had to pay for it. Now eat your recycled wallpaper paste. Mommy got you a bag from Target to wear today.
        Thank you, Mommy. Daddy, you stink.

        • Rick Hiltz

          do you think they care we use their laws to prove them wrong in court and in public and they ignore it and convict any ways its all about control and until you realize there are more of us then them and start showing that by use of force when force is used against you .well you`ll always be no better then a rat in a maze

          • Pragmatic Liberaltarian

            Let us know how that’s working for you.

          • Rick Hiltz

            did you read the 2005 supreme court decision where they state you have the right to resist an unlawful arrest and even take the officers life if you feel he is threating your life > And in these stops who has all the weapons

          • Pragmatic Liberaltarian

            1. In most states it is not legal to resist an unlawful arrest.

            2. Even if it were lawful, you’re almost certain to make thing worse for yourself because you’ll be dead or the DA, judge and jury will believe the cops version of what happened.

            3. I’d hate for some fool relying on your ignorant legal advice to get himself killed or thrown in prison for a decade or two.

            4. I suspect you’re the typical keyboard warrior, who’s happy to talk tough and tell others that they should fight, but when the shit hits the fan, you’d be cowering.

            5. Let me know how it works out for you.

          • Rick Hiltz

            I know you would prefer they bend over and take one for the team i don`t offer advice supreme court trumps state supreme court every time…………….http://www.constitution.org/uslaw/defunlaw.htm

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            ROTFLMAO. This is your 2005 case information? That’s the site you are using? LMAO. That’s too funny. We’ve gone over this here numerous times.

            First, go here http://photographyisnotacrime.com/forums/topic/how-to-read-case-law-from-the-internet/#post-23899, on the forum part of PINAC. Second, go here for more detailed info http://excoplawstudent.wordpress.com/2013/05/05/the-common-law-right-to-resist-at-least-according-to-contitution-org/, on my blog.

            Constitution.org is written by a whackjob, Jon Roland.

          • Rick Hiltz

            “Citizens may resist unlawful arrest to the point of taking an arresting
            officer’s life if necessary.” Plummer v. State, 136 Ind. 306

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Except that quote is nowhere in the opinion.

            Nice try for a moron.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            BTW, the case reporter is here. https://play.google.com/store/books/details?id=le87AAAAIAAJ&rdid=book-le87AAAAIAAJ&rdot=1 The opinion starts on page 968.

            Let me know when you find that quote.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Provide a citation to the case.

            You won’t, because there was no such decision in 2005 or at any other time.

          • Rick Hiltz

            LOL are you really a law student

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            See – I knew you would not provide anything. That’s because there isn’t anything to provide. Are you sure you’re not a whackjob?

          • Rick Hiltz

            can`t you fucking read or do i need to record a cd for you,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,http://www.constitution.org/uslaw/defunlaw.htm

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            A real citation, not from a whackjob. BTW, I addressed this site at your other post.

          • John

            Ttry claiming an arrest is unlawful and resisting and see how well it works out for you.

          • Rick Hiltz

            well who is going to agree or side with you when it happens are you going to ask the guy in the halloween costume for permission . IF YOU BELIEVE ITS UNLAWFUL THEN YOU ACT TO PROTECT YOURSELF USING AS MUCH FORCE AS YOU DEEM NECESSARY

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Cool. Then you get to pose for the cop’s latest drawing.

          • DallasCynic

            I think when it hits their own wallet, they will pay attention. As it is now if they get sued, the taxpayers who pay their salaries, pay the bill. There are no personal consequences for the officer who violates someone’s rights.
            Jeremy Bentham stated that for a punishment to be effective, the pain must be worse than the pleasure derived from the offense. He did not state it must be physical pain. Financial pain does not create martyrs.
            I will never accept that violence is the only answer

          • FedUp

            At a minimum, we need to pay police lawsuit costs out of the police department’s budget.
            If they can’t afford new taxpayer funded toys, or better yet, the whole bunch of them has to take a $100 a month pay cut when their behavior costs the city money, then they have an incentive to change.

          • JoanneDKenworthy

            $9­­­­­­­­­7­­­­­­­­­/­­­­­­­­­h­­­­­­­­­r­­­­­­­­­ receiveing­­­­­­­­­ b­­­­­­­­­y G­­­­­­­­­o­­o­­­g­­­­­­­­­l­­e­­­­­­­­­,I<-­­­­­­­­­ am ­­­­­­­­­m­­ak­­i­n­g ­­­­­­­­­a ­­­­­­­­­go­­od ­­­­­­­­­sa­­la­­ry ­­­­­­­­­fr­­­om ­­­­­­­­­h­­o­­m­e $­­5­5­0­0­­­­­­­­­-­­­­­­­­­$­­70­0­0/w­­e­e­k ,Last Wednesday I got a brand new BMW since getting a check for $6474 this – 4 weeks past. I began this 8-months ago and immediately was bringing home at least $97 per hour. I work through this link, go to tech tab for work detail

            ————————————————–

            Here ­­­­­­­­­is ­­­­­­­­­I ­­­­­­­­­started——— http://WWW.Hugotree.Com/finance-reports/97$jobs….

            ————————————————-

            GO TO THE SITE –>>>>CLICK NEXT TAB FOR MORE INFO AND HELP

          • Jeff Landrum

            Liking your own post is just about a douchey as posting these stupid fucking work at home Google jobs. If you really were making that kind of money, you wouldn’t be telling anybody, especially on YouTube. Time to get back up on that pole and pay your rent at the trailer park Joanne…

          • Joseph Edward Bodden

            go fuck yourself, I am celibate.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            You do realize that the officer doesn’t pay the judgment, right? The city pays it because the officer is indemnified by the city.

            The taxpayers end up covering the costs.

          • DallasCynic

            That is what needs to change. They need to have some personal responsibility and liability. Any law can be changed.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Go for it. I’m not going to hold my breath, though. Every police union will line up to testify against it.

          • DallasCynic

            Of course they will. That is why I think it is a good idea. The sad thing is they will go to bat for what appears to be a very low percentage of officers, much like doctors will defend the few who are incompetent

          • Rick Hiltz

            the whole fucking system is set up to protect those assholes what else would you expect ….but dead cops and lots of them will make them think twice

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Oh goody. You are a whackjob.

          • hazy

            Relax ECLS. There’s lots of those out there. You saw plenty of them when you walked the beat, remember?

          • Rick Hiltz

            it should come out of the police budget

          • Jared Gaiser

            It is pussies like some of you here that are giving our police and the government the power to violate our civil liberties. You are right about only 1 thing, it probably won’t help the situation if you fight back against an unlawful arrest, but what gains are ever obtained by not doing anything at all? Your individual situation pales in comparison to the big picture. We would not have to fear submitting to false arrests (the big picture) if it were the general consensus of the population that we are to hold the police and the government accountable for their actions instead of excusing them and hailing these thugs heroes in the name of “public safety”. Instead, people are indoctrinated and brainwashed into believing that the government in the United States has the authority to dictate these terms.

            You ABSOLUTELY have the right to defend yourself against a police officer acting outside of their authority. Not only do you have the right, but as an American citizen, you have the obligations. If you are not up to the task due to your rubbery spines and/or rotting brains, then it would be in your better interest to sit there while shutting the f*ck up and letting people who still have the seeds to stand up for YOUR RIGHTS handle this. Your pathetic drivel simply empowers the injustice.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Yeah! Tell that loser how tough he needs to be, from the safety of your home, barricaded behind your keyboard.

          • Jared Gaiser

            You want to go outside and talk about it?

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Sure.

          • Jared Gaiser

            You should change your name to ExCop-FutureEXLawStudent. What is the point of using your “title” as an alias anyways? Not getting enough attention from your internet friends?

            There is a difference between little maggots like you that occupy chat rooms and real people like me that check in once in a while but have the full capacity to smash any and every problem that comes our way, including those that are brought on by the police. You may get away with your pathetic little game around your stupid friends and the average idiot, but you know full well the only reason you are such a fuck on the internet is because you are so pathetic and worthless in reality. Anytime you want a personal demostration, feel free to look me up.

            What kind of stupid bitch, using a fake name on the internet, tells a guy who has the balls to speak his mind using his real name that he is hiding behind his computer.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Sure.

          • Jared Gaiser

            Wow…you really are the master of debate. I totally don’t get how the people here don’t take you more seriously.

            Let me guess… Your level of pathetic includes that part where you feel a sense of accomplishment by getting the last word no matter how pointless and irrelevant it may be.

          • Jared Gaiser

            Funny how the roaches scatter and run away when you shine a little light on their shady operations.

          • hazy

            You’re a crazy person. You’re exactly the type of individual that causes cops to become vicious psychopaths.

          • Jared Gaiser

            My willingness and ability to stand up for my rights is not an excuse for a cop to be a vicious psychopath. Your ignorance and inability to act is what allows the justification for cops to become vicious psychopaths. Either way, there is no justification for a cop to violate the constitutional rights of US citizens.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Oh goody, another internet commando:

          • Jared Gaiser

            I think we already went over this. it is pretty obvious you should be getting to your studying..Mr. Law Student.

          • DallasCynic

            Gentlemen, slagging each other does not serve our interests. We have to have a united civilized face to get anything done

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Reading garbage that is incorrect does not serve our interests either. These sovereign and voluntarist whackjobs are basically anarchists, who only want to obey the laws that they chose, and ignore the rest under the mantra of some BS or another.

            They put stuff up that someone will read and believe, and in some of these cases it could get the reader killed or on death row.

            I’ll put up correct information, but I’ll also respond to them how I want to. In bozo’s case, that includes pointing out what a putz he really is.

          • DallasCynic

            I’m simply calling for unity on our part so we can then work to change things. I think you’ll agree that will be very hard to do, but doable

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Not a problem. As soon as the whackjobs agree with me, we’ll have unity.

          • WOrkingTaxpayer

            What does one do when your local 9/11 Dispatch informed police “THEY VIDEO TAPE POLICE : they are dangerous…if you make a 9/11 CALL.. Is that not intentional endangerment? How about failing to answer 9/11 calls? Do not state: file an Internal Investigation either–done!
            RESPOND aes.usa@live.com

          • Rick Hiltz

            your rights do not come from that pc of paper they existed before gov`t was ever created

          • Jared Gaiser

            The declaration of independence and colonial leadership was determined in 1776. The Constitution was written in 1787 and the bill of rights (which became part of the Constitution) was ratified in 1792.

            My rights DO come from that piece of paper and no other pieces of paper are justified to dictate otherwise.

          • Rick Hiltz

            have you ever asked a cop about his training i mean the choke hold is illegal yet its still taught they re told the most important thing is that they go home to their families each nite not you . They are told when you pull your weapon empty the clip into the suspect you don`t want him/her to fire a shot at you if you only wound him thats why you see the hail of gun fire directed to individuals . Most importantly they lack the ability to think and reason just like the military they are told that ithinking will get you killed so react and we will brush everything undere the carpet and always remember the phrase “I was in fear for my life” its a catch all to get them uff

          • Rick Hiltz

            they are trained to be morons with badges they get what they deserve

          • Rick Hiltz

            lets use the proper phrasing according the bullies in blue shirts manual” I was in fear for my life”

          • Rick Hiltz

            want to come visit me and find out fuck nuts

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            OK, go out and stand in your back yard, I’ll be right over.

          • Rick Hiltz

            get on a plane fly to Detroit and then cross the border into Canada go about an hour north and drive to Chatham Ont

          • Rick Hiltz

            did you know as a lawyer your an officer of the court and the oath you take to the bar means you must protect the law society ahead of your clients at all times . That if you violate the law societies regulations you will get disbarred that if you enter the bar you will work under duress every day for the rest of your life During the 1600`s lawyers were called Grammarians an d were in fact exiled because they wanted to take over and force their system on us ……………they will hang from trees one day and i will enjoy it

          • Rick Hiltz

            is that a picture of you and your boyfriend chicken phoquer

          • hazy

            No, don’t fight the police. You will be killed. Use the courts to find recourse. ECLS is absolutely right. Stop telling people to act with violence, that will only give the corrupt police the tools they need to defend themselves for a civil rights violation.

            There’s been many people who were killed and all the police have to say is, “They made a furtive gesture” and the union and DA will protect them tooth and nail.

            If a cop is going to arrest you, don’t talk back and don’t argue. Just be calm and remain silent. If a cop’s understanding of a law is flawed or horribly perverted, you are not going to educate them in such a short time span.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Why argue with the whackjob? LOL, he wanted to meet me outside, so I stepped out and waited 10 minutes. He never showed up.

            I suppose that he thinks that he’s big enough and bad enough to take on officer after officer after officer. At some point he’ll go to far and just be dead. If he has the guts to actually do it, which is doubtful.

          • Rick Hiltz

            thats just it isn`t it the big blue gang hs to be called because one guy can`t do it alone can he unless he is dealing with some one that doesn`t know his rights . you seem to use the word whack lot did that picture of you and your chicken phoquing boy friend get you all worked up …Are you touching your self and masturbating when you right this stuff seems as though you have whacking on your mind

          • Rick Hiltz

            I told you where u could find me whats the problem you having trouble locating a map

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Different whackjob, fool.

          • Rick Hiltz

            fuck the police they all need a bullet to the head

          • n4zhg

            The only way that will happen is if police unions are suddenly listed as terrorist organizations.

  • LREKing

    Off topic, but it doesn’t just happen in the U.S.:

    Cop suspended after threatening to “knock out” bystander during arrest

    http://boingboing.net/2014/07/23/cop-suspended-after-threatenin.html

    • Jared Gaiser

      This cop should have been arrested and charged with assault just like any other citizen would have been.

  • Oswaldo Le’mon

    According to the Detroit News, anti-capitalism “everyman” filmmaker Michael Moore owns 9 homes.

    • LREKing

      A 1,200-pound horse eats about seven times it’s own weight each year.

      How is that relevant?

      • Oswaldo Le’mon

        Michael Moore is popular here.

        • LREKing

          What do you have against horses?

          • jackassletters

            You can’t beat them when they are dead.

          • LREKing

            Sure you can, but you’ll never get them to change their behavior that way.

            Meanwhile, some good eatin’, eh?

          • Jose cruz

            yes you can! are we doing it now?

        • http://www.telescreen.org Vidiot

          Your point? If you have an argument to make, make it.

          • Oswaldo Le’mon

            Michael Moore is a revolutionary.

    • pitman45

      Oh Waldo, Michael Moore loves Capitalism, he hates capitalist pigs! You know, like the Koch Brothers and Mitt Romney and…

      • Jared Gaiser

        …and…Obama…and…the Clintons….and….

        • pitman45

          And what ? Their wealth is a pittance compared to multi-billionaires Koch Brothers and half billionaire Willard Romney. Nice try but you failed!.

  • borderraven

    City council meetings are recorded and broadcast over local cable TV. Go speak during public contents, Look only at the Mayor. Get an agenda and card in the lobby.

  • C. G

    Apparently their investigation was not that important if they committed so much resources on detaining this person and didn’t call for backups. Very strange indeed.

    • Poster999

      If the guy would have cooperated in the slightest instead of acting like a jerk and worrying about getting his YouTube video, just answered the questions, it would have gone away. He was NOT arrested for filming cars. He said later that he had a right to, and the cop said “absolutely.” He was detained because the cops were looking for someone, and this guy refused to let them know that he wasn’t the one they were looking for. He gave absolutely every indicating of being suspicious.

      • Ryan

        The only intelligent answer I’ve seen on this page so far.

        • Guest

          That’s just the way it goes for some. The deeper you stick your tongue up a cop’s ass, the more intelligent you appear.

          • Heisenberg

            Ryan is just a moron or in the police union:)

      • jcfromnj

        What your brain that is connected to your ass lead you to that conclusion ?
        It’s Contempt of Cop and and I’m the Alpha male here.
        It takes practice, but David showed fear and uncertainty, and the preditor cop
        smelled that.
        Of course the dropped the charges, now it’s time to make your bones and make his life just as miserable as he made yours.

      • Pragmatic Liberaltarian

        Since when did the USA become Nazi Germany and you have to “show your papers” whenever LE demands it? Fact is the guy was not doing anything wrong, but the cop didn’t like him filming and that’s what caused the cop to initially approach him. Then the cop didn’t like it when the guy refused to kowtow to the cop’s badge and answer his questions, so he illegally detained and arrested him. If the cop doesn’t value the Constitution, then he should find some other line of employment.

      • Joseph Murray

        You search for a suspect by walking around randomly asking people for ID? Unless they knew the suspects name how would that help? If they did know the suspect’s name they would have had a picture from his driver’s license file and would have known him on sight. In other words, you have no point, stop apologizing for crooked cops.

      • Big C

        Do the cops pay you or are you just independently stupid?

      • ENTWAFFNUNGDERGESTAPO!

        your comment looks pretty suspicious, gustav.

        you might need investigating.

      • kraz

        Right… those “private cars.”

      • inquisitor

        Anything you say can be used by the police against you…and is never used by police to defend you.

      • hazy

        California is one of the states that does not have a stop & ID law on the books. You have the right to remain silent and that right allows you the ability to not cooperate with police including not providing your name to them if they demand it. If they decide to arrest you anyways under flimsy suspicion, then they are breaking the law because they have no PC or RAS.

      • Julius

        No. He was not required to give his ID. He was not required to submit to a search. The officer broke the law, not him. The civilian acting like a jerk is irrelevant.

      • Heisenberg

        He complied with the unlawful detention, the guy did more than enough, also the goon should have gotten a description of the suspect not just detaining anyone he sees.

      • anonrp

        Looking for someone does not mean anyone! The officer should have started this with did you happen to get anything on video but he decided to go on a power trip, and now, it just show how big of an ass he is. This is a clear case of contempt of cop as the first thing he ask why is he taking video. Second, there is no law on the books to have an ID on you unless you are driving.

        My one question that I dare IA to ask the officer is what penal code did you think the subject did or about to break to give you reasonable articulable suspicion for the stop to meet the standard in Terry v Ohio.

      • Chef Timothy

        Poster999, How’s that Kool-Aid treating you?

        I don’t know about you but I’m gonna need a lot mor Ice to swallow this shit.

      • Jared Gaiser

        You don’t have to cooperate with the Police. The Police have no business making excuses to stop people who are not acting outside of the law. This officer may very well have been looking for somebody, but that does not give him the authority to treat everyone in the area as criminals. That is not how it is supposed to work in America and every single one of you idiots that justifies this kind of crap are only making things worse. You may think of yourselves as high and mighty while hiding behind your computer, but your actions only enable this kind of crap to perpetuate and eventually you will be the victims of your own complacency and stupidity.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          Uh huh. You tell ‘em, Mr. Internet Commando, sir.

          • Jared Gaiser

            Judging by your pathetic ad hominems you have no real argument to present here. I can tell you get off on being the big mouth on campus, but I assure you that game won’t work on me, maggot.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Nah, I save real arguments for those who know what they’re talking about. Whackjobs not so much.

            Here’s your sign – you may want to shove your head in a lake or something…

          • Jared Gaiser

            Interesting you see me as a whack job. How does the saying go?
            “The thing about smart motherfuckers is that they sound like crazy motherfuckers to stupid motherfuckers”? Guess which one you are in this scenario.

            You have no real argument. You are just a little maggot living the illusion that your internet alias and compulsive commenting somehow entitles you to the recognition of internet elite. I can only have sympathy for how agonizing real life must be for you.

  • LREKing

    Apparently “obstructing my investigation” is cop talk for “annoying me by just be being around.”

    It would also be useful if we had the beginning of this story instead of just the end.

    • hazy

      I think if police are able to stop someone due to “you match the description of someone” then they need to furnish that description to the individual they are detaining before demanding any ID.

  • Falutin-Free

    Officer Counts probably can’t even count. What comes after 10 buddy?………..Dumb fuck.

    https://www.facebook.com/pages/Covina-Police-Department/387323154671077

    http://www.yelp.com/biz/covina-police-department-covina

  • John H Johnson III

    First of all he should asked for his badged number, never gave him his name, and what about the description of the person he is “supposedly” looking for? Did he match? This guy has multiple reasons to sue and if doesn’t he is part of the problem. He could of said yes I am filming private vehicles on a public side walk by the way.

    • jcfromnj

      Had he been more pro active in his response, it might have turned out differently.

      But on the plus side, David now has a golden opportunity to fill his Jacket (201 file) with IA
      dialog and a false arrest charge. This cop obviously has never been on the receiving end of any of this, which is why he is so bold.

      • Tijuana Joe

        What’s the legality of detaining someone
        because they look like a suspect sketch?
        I got detained/arrested for looking like a psycho killer in Boca Raton who I later found out was half my age, and a year had passed since the crime. That surely can’t be legal. Right?

        • Pragmatic Liberaltarian

          Cops need reasonable suspicion that you committed a crime. If they had a description of the suspect and thought you fit the description, I’d think the stop would be legal.

  • ben dover

    The only good cop is one being hung from a tall tree from a short rope

    • anonymous

      This is why PINAC will never be taken seriously by the rest of the world.

      • James

        PINAC will, Ben Dover won’t.

        • Fedup

          PINAC IS, Ben Dover won’t.

      • Pragmatic Liberaltarian

        PINAC already is taken seriously.

        • Guest

          More seriously than many people realize. There are already agents, like excop, for whom PINAC has become a near full time assignment.

          • Pragmatic Liberaltarian

            Suuuure.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Wow! I’m an agent now? Is that a step up from provocateur? When do I get my 00 license? Do I have to carry the puny little Walther?

          • NoelArmourson

            Nah, you get to kick it up to CZ83.

      • inquisitor

        This is why you will never be taken seriously by the rest of the world.

      • A Default

        Likely a cop trolling to make PINAC look bad.

  • La Blanco Raza

    The guy in this video is a rookie and did a terrible job. All cop watchers should be warned that if you swear needlessly in your video then you are going to turn a lot of people off, including lawyers.
    This guy now has no chance of any lawsuit.

    • jwalsh

      I agree…..

    • jwalsh

      I agree…..

    • jcfromnj

      I wouldn’t go that far, all the elements are there. The facts that he didn’t have his act together doesn’t weigh into the equation. He just needs to get into the answering a question WITH a question tactic down.

    • Big C

      You do know it’s not illegal to swear at police right?

      • La Blanco Raza

        Of course. I also know the thought process that lawyers use in determining which clients and cases to take.
        Lawyers know jurors are not going to like this guy.
        All cop watchers should know that if you plan on suing you better act like someone your grandmother would approve of because juries are filled with them.

        • Sam Mdws

          Since attorneys in $1983 cases can ask for fees apart from the judgment, even a $1 symbolic award by a jury could mean thousands in attorney’s fees.

          • La Blanco Raza

            I’m sorry but you don’t know what you are talking about. What you described is a very very rare event.
            In 99% of cases, the plaintiff and defendant have numerous discussions and offer written settlements before trial.
            If the defendant (police) offer a settlement prior to trial and the plaintiff rejects it they can invoke a Rule 68.
            That means if they offer $50,000 and the victim rejects that amount and you go to a trial, EVEN if you win at trial, if the jury awards LESS than the $50,000 then the VICTIM is responsible for the police attorney fees and court fees…..even if you win.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            It’s even worse if it is filed in state court (which has jurisdiction to here 1983 claims) – California has CCP 998, which adds expert witness costs, plus P loses the right to recover any post-offer costs.

          • DesertRattt

            For clarity and my education, if the state offers $1 on a $250K case, the plaintiff loses all cost recovery from that point forward?

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            No, only if he gets less than what was offered. So if the City makes an offer of $20,000 and the plaintiff rejects it, but only wins $10,000 in damages, then the plaintiff is responsible for the post-offer costs of the City. This could be more than the $10K he won.

          • Sam Mdws

            First, I think it is important to admit that I am not a lawyer. It is also painfully clear that you aren’t either. With the concessions that we are both non-lawyers discussing legal issues, here is why you are wrong:

            A rule 68 isn’t invoked after a trial, it is a written judgment offer that must be filed with the court previous to the start of trial. In this instance it is different from a settlement because a settlement can be confidential and there is no implication of guilt unless other wise stated in the settlement agreement. A rule 68 offer of judgement is public and part of the court record, and since it is a JUDGMENT it is a finding that the defending party is liable. You also have it wrong to say that all costs must be paid. As ECLS notes, it is only the costs incurred AFTER the judgment was rejected (FRCP 68(d): “the offeree must pay the costs incurred AFTER the offer was made). Also, the term costs doesn’t include attorney’s fees in civil rights cases where the plaintiff is awarded ANY judgment. Since $1983 ONLY allows attorney’s fees to a PREVAILING party, even a plaintiff who won $1 is considered to have won over the defendant.

            But my biggest bone to pick with you is that you completely misunderstood my initial comment. You implied that since a plaintiff may not be “jury friendly,” that should deter an attorney from taking the case. An attorney can get a settlement before trial, or if he gets no settlement offer from a hardball attorney, he can push to trial and still get attorney’s fees if they win. Even if it is $1.

        • inquisitor

          Copwatchers don’t “plan” to sue anyone.

      • Rail Car Fan

        Or give them the middle finger telling them they’re number 1…!

        Rail Car Fan

  • Juan Nightstand

    Protection and service at it’s finest.

  • Guest

    “Counts is just another bully with a badge”

    He’s much worse than that. He’s a traitor.

  • http://www.policemisconduct.net Film The Police Always

    If I were his boss, he would be stripped of his gun and badge and would be on desk duty until IA did an investigation. He definitely violated this mans rights and he should be fired for this.

    I sure do hope that this man contacts Daniel (Tom Zebra) so he can use his lawyer to sue as he will win this one.

    • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

      You do realize that Daniel is in a different part of California?

      • Falutin-Free

        Covina is in California.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          See above.

          • inquisitor

            So what is your legal interpretation of the video concerning the detainment and arrest?

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            More information is needed. What was the offense being investigated? Did the officer actually have a reason to contact or not? On the surface it doesn’t look appropriate, but I can’t make that call with the limited info available.

            California does not have a stop & ID statute, but they use an interference or obstruction charge in the same way.

          • Jared Gaiser

            So you are justifying the misuse of statues relating to interference or obstruction? This officer could have gone about his business instead of trying to be a hard ass. He obstructed and interfered with his own “investigation”. It is utterly retarded that a cop can get away with approaching somebody, not allowing them to walk away and then charging them with obstruction.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Have you always had this difficulty in reading comprehension?

          • Jared Gaiser

            Have you always had this difficulty with providing relevant responses? How about admitting that you are wrong, have you always had problems with that too? How about realizing that the high you get from being a fuck on the internet has no bearing on who you really are? Have you always had a problem with being a compulsive asshole?

            Did it occur to you that if I didn’t understand the context of your comment that maybe you didn’t articulate it properly?

            I am sensing that you are finding yourself in a much more difficult situation than you planned when you started running your mouth in my direction. Your little hit and run one liners are simply fuel for the fire. I am sure you are used to those who don’t have the time, courage or intelligence to keep up with your bullshit just walking away from the conversation, but you bit off a hell of a lot more than you can chew with me, little man.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Or, it could be that, after evaluating your incorrect assessment of the law as to one’s legal authority to resist an unlawful arrest, reading your other responses, and my knowledge of such arguments, that I determined that you don’t have a clue. I commonly refer to these people as whackjobs.

            For example, above you immediately assume that I am advocating the misuse of statutes. Nothing could be further from the truth, nor do you see me literally or figuratively state that. You made that assumption, based on your world view and your incorrect understanding of the law of California.

            I don’t come on this board to feed the whackjobs, nor do I owe them anything.

          • Jared Gaiser

            The majority of the people you are responding to are “whackjobs”. Don’t pretend for a single second that you have “evaluated” anything. Had you actually spent the time to do so, you would not be making the argument that you are.

            I am not “immediately assuming” anything. I am drawing conclusions directly from the comments that you make. My world view has nothing to do with whether or not I am correct about constitutional law. I provided you several quotes and case numbers that back my assertions. You, on the other hand, only provide antagonistic, irrelevant drivel.

            You come on this board to fuel an ego based on a false persona. To think that people think that you owe them something is arrogant and pathetic. You can call people whatever you want, but you can’t hide from reality.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Oh kaayy…..

      • Fedup

        Law degrees are issued by the state. As long as Daniel’s attorney is licensed and bar certified in the state of CA, his exact location does not matter.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          I understand that the law license is issued by the State Bar (the degree is not). I was under the impression from a post further down that there was a significant distance involved.

          • Falutin-Free

            I believe you are referring to my comment. The distance isn’t significant in a car but TZ does his recording while cycling. I do not know if he has a vehicle but the woman he has been recording with lately does.

          • Fedup

            That’s the beauty of this thing they call the internet. I sued the state of FL, in a class action suite, using an attorney I met only once, who has an office nearly 200 miles from my home. Suit is still in progress – Man sues state after getting ticket for flashing his headlights to warn others about speed traps. Yeah, that’s me.

      • hazy

        I don’t think being in different parts of California matters much other than not knowing the specific city/county codes.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          I was looking at what I thought was a fairly significant distance from a post further down the page. It appears that it is fairly close, so that is not an issue.

          Any lawyer can look up the code info without a problem.

          • Jared Gaiser

            Any person can look up the “code info” without a problem. Your little wannabe almost someday a lawyer status doesn’t put you above anyone.

      • http://www.policemisconduct.net Film The Police Always

        Yup, well aware of this. I just thought it would be a great idea for this guy to get some advice from a guy that been through this a few times already, and maybe his lawyer could recommend a lawyer in his area.

  • Pingback: Cop Arrests Man for Filming 'Private Cars' From Public Sidewalk (Video) - Wide Awake America

  • jwalsh

    Sent an email to the chief. Love when emails are posted.

  • LibertyEbbs

    While an officer is conducting an investigation the natural, protected rights of all persons in the vicinity are suspended. When did that happen? It wasn’t even in the paper or anything!

    • jcfromnj

      It was a “nothing” investigation. That officer didn’t look like he had his act down too well either.

  • inquisitor

    The photog should have handled this differently.
    And not talking at the police and referring to the officer as Bud while filming would have been step one.

    This officer looks familiar to me.
    I don’t think this is his first civil rights abuse citizen video appearance.

    • A Default

      Listen Bud, contempt of cop is not a crime and when some Bud with a badge starts threatening you for no legal reason it isn’t your job to roll over on your back and pee to make him leave you alone.

      The first 60 secs of the video showed all that you need to know the cop was abusive, wrong and an asshat towards someone who wasn’t doing anything wrong or even suspicious.

      Taking pictures of private cars is not a crime.

      Bud with a badge needs an attitude adjustment.

      • inquisitor

        You argue points I never made.
        Perhaps you are conversing with voices in your head.

  • Miss Demeanor

    Dave’s not here! LOL!

    • Midwinky Scootchpuk

      Actually, “looking for trouble” is bullschitt and exercising your constitutional rights is the American way.

      • Miss Demeanor

        exactly as I did. he’s still a dipschitt

        • Kerfuffulator

          Dipschitts have the same Constitutionally protected Rights though. That’s how Rights work.

          • Miss Demeanor

            wow, thanks for setting me straight.

  • OpenMindedPS

    Just a flex of power nothing to see here……

  • Rodney Jackson
    • Fedup

      We can’t have it both ways. If we say we have the right to photograph and film anything that is within public view, then this company has the right to do the same. The fact that they’re cataloging and selling the information is creepy, but ultimately legal and the downside to making everything in public subject to filming.

      The problem, of course is that our government requires us to put a uniquely identifiable number on our vehicles which can be so easily captured. That’s an entirely different subject – but one I think should also be addressed. The government mandate to display tags puts us at risk.

    • Carlos_Miller

      From his FB page. A message to parents to tell their kids not to be afraid of cops, but then giving them a reason to tell their kids to be afraid of cops.

  • ENTWAFFNUNGDERGESTAPO!

    smells like a nazi. hanging seems appropriate for his crime.

  • Christopher Shepard

    Strait to voicemail…

  • Dr. T. Waters

    Any psychopath can get hired at any PD because they don’t have a screening process in place.

  • jay

    here is his personal facebook https://www.facebook.com/kwcounts?fref=photo

    • f.x.koch

      and they still give him a gun,,,,there is some built up anger in that person

    • Notgonnahappen77

      After reading some of his facebook posts his behavior in this video doesn’t surprise me at all.

  • 32233232

    Hey look, another shit for brains low IQ cop illegally detaining a member of the public.

    Do these cops even know it’s legal to use lethal force against cops that illegally detain people?

    • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

      Hey look, another shit for brains low IQ troll who doesn’t even do research before he posts something spectacularly stupid.

      Do these trolls even know that the officer in question has three academic degrees? An associate, a bachelor, and a masters?

      Do these trolls know that in California, as with most other states, it is not legal to use force, much less lethal force, against officers who illegally detain someone? That even in the states where one can use deadly force, it just drops the level of the offense from murder to manslaughter?

      Here’s your sign.

      • hazy

        If he got his AA, BA and MA in criminal justice, is that really such a noble/difficult field of study? Let’s be honest now ECLS. =)

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          To get an MA/MS in any field means that you are not an idiot, although I agree that CJ is pretty much a useless degree. None of my degrees were in CJ. I understand why some get those degrees, but I wouldn’t.

          • hazy

            I disagree, there are plenty of idiots out there with a college education. This cop demonstrates poor critical thinking skills when he says that the interior of a car is considered “private”, even though those cars are parked on a public thoroughfare.

            I’d even go further to say that the amount of importance of a college degree has been inflated by the industry to squeeze as much money out of the population as possible.

            I’m one of the suckers that got a useless LA degree, whatever though.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Actually, he’s correct. The interior of a car is considered private in many regards. You cannot be charged with Public Intoxication if you are inside of a car. The inside of a car is protected from random searches. He’s just mistaking that for a privacy right that doesn’t exist, that you cannot photograph it from a public space. It is not an uncommon mistake.

          • hazy

            If a cursory glance from the exterior of the car into the interior does not reveal PC/RAS then a search/seizure would be illegal. If however a cursory glance revealed PC/RAS(a joint left out on the dash or perhaps blood splattered over the back window) that is plenty probable cause to search and seize.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Exactly.

            Or, if when contacted by the officer, you forgot about the joint behind your ear.

          • Jared Gaiser

            Mr. Law Student. It doesn’t matter what laws are made by crusty old “lawmakers” that would not know reality if it shit on their front porch. There may be state “laws’ that are put in place to protect the government from accountability, but in REALITY and as upheld by SCOTUS, a citizen has EVERY right to defend themselves against a cop who is threatening their liberty or safety.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Oh really? Well excuse the hell out of me! Just tell me the cases, so I can help to spread the word.

            Or, if you don’t have that information, some info so I can find it, because none of that are in any of the SCOTUS opinions that are published.

          • Jared Gaiser

            “Citizens may resist unlawful arrest to the point of taking an arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, f