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JEleazarian
Trad climber
Fresno CA
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Nov 12, 2014 - 01:40pm PT
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I know both Judge Seng and Judge Ishii, and their rulings don't surprise me. Judge Ishii's ruling simply says there is enough evidence to go to trial. The rangers were arguing, in essence, that the allegations of the complaint were insufficient to find them liable. Ishii, rightly in my opinion, disagreed.
If the plaintiff can prove the facts alleged, she shouild be entitled to substantial damages, but remember that she has the burden of proof.
At least the U.S. Attorney's office was smart enough to drop the one remaining criminal charge. Unless all of the other allegations of the plaintiff were made up, her screaming was both justified and protected speech.
Sounds like an interesting case.
John
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Toker Villain
Big Wall climber
Toquerville, Utah
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Nov 12, 2014 - 01:43pm PT
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Not so easy to sue law enforcement, but it can be done.
She should go for it. That guy should have sued Lobo too.
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Tvash
climber
Seattle
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Nov 12, 2014 - 01:44pm PT
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1: Ask if you're under arrest. If the answer is no, ask if you're free to go (you are), then calmly leave.
2: You have the right to remain silent. You should.
3: If the police asks to search anything, politely refuse. If they search anyway, don't resist.
4: Do not resist or argue, even if you believe police actions to be illegal.
5: Record the badge and name of the officers involved.
6: If arrested, definitely remain silent and call your attorney. The police cannot listen in to this call.
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Toker Villain
Big Wall climber
Toquerville, Utah
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Nov 12, 2014 - 02:02pm PT
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Recently I was "detained" for about 15 minutes. Frigging tool kept asking the same question over and over because he didn't like the truth.
I hate that.
Finally I offered him the telephone number of my attorney and asked to speak with him. The tool kept interrogating me even after I said "LAWYER, COUNSEL, ATTORNEY!"
Finally his senior partner pulled him aside.
I don't think all cops are tools, but I have had some pretty bad experiences.
One or two in YNP.
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the Fet
climber
Tu-Tok-A-Nu-La
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Nov 12, 2014 - 02:13pm PT
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In my experience there are more good cops than bad cops. But I'm disgusted by the blue code where they let other cops break the law and cover up for them. Too many serve each other instead of justice. And when it's proved a bad cop did something and a big judgement is issued it comes out of the pocket of the taxpayers, it doesn't hurt them personally when sometimes it should.
Thank goodness for the proliferation of video cameras lately. More and more of the BS comes to light. I love it when the truth comes out and the guilty pay.
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Reilly
Mountain climber
The Other Monrovia- CA
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Nov 12, 2014 - 02:17pm PT
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So, Toker, what was the truth? That you weren't wearing burlap undies?
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couchmaster
climber
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Nov 12, 2014 - 02:38pm PT
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Trash said: "1: Ask if you're under arrest. If the answer is no, ask if you're free to go (you are), then calmly leave.
2: You have the right to remain silent. You should.
3: If the police asks to search anything, politely refuse. If they search anyway, don't resist.
4: Do not resist or argue, even if you believe police actions to be illegal.
5: Record the badge and name of the officers involved.
6: If arrested, definitely remain silent and call your attorney. The police cannot listen in to this call."
Great list. I don't see where this womans specific issue is addressed. That is, when you are dressed in a bikini top and hot looking shorts some animals dressed in uniforms put you in the headlock and then start groping your body. I run through 1-6 numbers and I guess #2 is the only one appropo to her which she ignored. Maybe 3 and 4.
2:......REMAIN SILENT. YOU SHOULD.
3:......DON'T RESIST
4.......DON'T RESIST
hmmm, she may have taken you up on #6. If charges (and video) are true, hope that serious jail time ensues for the perpatools. "The video shows Bellino and Bonner grabbing Mazzetti's bare knees and prying her legs apart so that they could touch her groin, while Mazzetti screamed for them to stop,..." I suppose the rangers will use the "Well you are damned hot lookin and we just couldn't control ourselves cause we are men in authority. Lets pretend we had to finger you to see if you might have had a weapon in your vagaina....after all, we have the right to do what we want" defense. Which is a surefire winner most of the time. "WE WUZ JUS BEING POLICMEN AND ALL DUEIN ARE JOBS BOSS..."
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Don Paul
Big Wall climber
Aurora Colorado
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Nov 12, 2014 - 02:56pm PT
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hope that serious jail time ensues for the perpatools
Fet got it right. Taxpayers will pay significant damages and the rangers will carry on as they like. (it doesnt appear to be a Bivens case)
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johntp
Trad climber
socal
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Nov 12, 2014 - 06:16pm PT
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Don't know the facts since I wasn't there. My philosophy w/ LEOS is the "yes sir", "no sir" direction. Say as little as possible and don't exacerbate the situation. It sounds like this lady got belligerent; LEOS don't like that and will take measures to demonstrate their authority.
Not saying their actions were justified. Just sounds like she pushed their buttons and paid the price. "I fought the law and the law won".
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John M
climber
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Nov 12, 2014 - 06:24pm PT
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a question..
the original complaint says male occupants of a vehicle.
How can the rangers legally detain a female in a case where the suspects are supposedly male? On what grounds can they detain her? Just asking.
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johntp
Trad climber
socal
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Nov 12, 2014 - 06:41pm PT
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John M-
LEOS have the authority to request ID in the course of an investigation. Failure to provide the ID to the investigating officers upon demand is technically a crime, regardless of preceding events.
edit: re-reading the OP it appears she was trying to access the vehicle to provide the ID, so my above statement does not wash.
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Jon Beck
Trad climber
Oceanside
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Nov 12, 2014 - 06:45pm PT
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LEOS have the authority to request ID in the course of an investigation.
Not true, there has to be some level of probable cause before they start prying
How can the rangers legally detain a female in a case where the suspects are supposedly male? On what grounds can they detain her? Just asking.
The LEOs started playing judge and jury, improperly detained her, she resisted and the situation escalated. Under Federal law you have to submit to an unlawful detention. Under California law you are permitted to resist an unlawful detention. Of course deciding unilaterally that it is unlawful can be hazardous to your health.
This case sounds like classic D#@&%ebag vs. D#@&%ebag. having experienced this out of control law enforcement in YNP I can only hope those turds are held accountable.
jeez, D0uche is banned now?
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okie
Trad climber
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Nov 12, 2014 - 07:04pm PT
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Unlawful arrest? Sounds more like sexual assault. These guys should have to register as sex offenders.
They still on the beat looking for fresh victims?
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Ricky D
Trad climber
Sierra Westside
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Nov 12, 2014 - 08:04pm PT
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If we truly wish to be Free Citizens then use your goddamn cellphone for something other than checking Facebook.
Video EVERY Police encounter you see.
Become part of the Police Brutality Video Project or the Andre Lorde Project or the Peaceful Streets Project.
Film the SOBs and post it immediately.
When the watchers become the watched then we regain Freedom.
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mouse from merced
Trad climber
The finger of fate, my friends, is fickle.
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Nov 12, 2014 - 08:33pm PT
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Where did I put my road map to the police state?
Damn! I know I had it out yesterday.
Hey, I've heard some woeful tales of highway stops
By nice guys who were overzealous cops
None of which came out happily for either side.
I'm reserving judgement for later, after I've consulted my lawyer, Oddknee King. He's a climbing lawyer, so he's pretty hard up for clients.
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Gnome Ofthe Diabase
climber
Out Of Bed
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Nov 12, 2014 - 08:44pm PT
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sounds like aggravated sexual assault or rape.
Why am I the only one to say so?
It is an American right to be an entitled smug jerk.Some women make millions doing so.
Cops are not mostly good they are self serving gang members who we pay for.
(I tried working under the ranger hat)
Stop taking the side of these animals.
No means No.
Bad behavior in public by others should not subject a women to abuse.
A badge does not give you the right
to search the opposite sex...to touch rape or search. the detention was enough.
Wait for the female L.E.O.or be cool and bust the men.
WTF is wrong with many of you here?
Are these rangers your pals?
Phok them they should lose their jobs and do time.
I am
A concerned father and husband.
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Jon Beck
Trad climber
Oceanside
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Nov 12, 2014 - 08:48pm PT
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I'm reserving judgement for later, after I've consulted my lawyer, Oddknee King. He's a climbing lawyer, so he's pretty hard up for clients.
Get a second opinion from Jackie Chiles. Jackie Chiles made me rich (or was that Larry Parker?)
Subtitles are for Rong
[Click to View YouTube Video]
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Levy
Big Wall climber
So Cal
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Nov 12, 2014 - 08:58pm PT
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I've been harassed by Ranger Bonner before and he was a complete di*k, both times. I hope he and the other two get a tooling in Federal court. They are so very deserving of the full weight of the law.
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Toker Villain
Big Wall climber
Toquerville, Utah
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Nov 12, 2014 - 09:04pm PT
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Reilly,
the burlap is always on the outside, cashmere on the inside (it's almost like IIA protection).
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Risk
Mountain climber
Olympia, WA
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Nov 12, 2014 - 09:48pm PT
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Sounds like quite a kerfuffle. I am so glad to be out of the YNP LEO business. I prefer to take the high road and let climbers be climbers. What’s so hard about that, especially in Yosemite Valley?
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