I was in a rough area of town, no one around, cops followed me, in past I have been threatened by cops, they said they were going to pull me over sometime, tape drugs under my car and put me away for a long time, cops turned on red lights, I drove a short distance for safety, where people could watch, I got a $400.00 fine plus court cost, arrested, the legally parked car towed from a parking lot, all for just wanting to be stopped in a safe, well light, populated place.Â (No plate on my car.)
State Troopers advertise on the TV that people can drive to a safe place to be stopped, because girls where getting raped by pretend cops.Â Â The abusive Judges name is Judge Lowe.
Your Honor I wish to read this statement to the court. I will only talk on the 2 main points to save the court time, the rest of the errors and supporting brief is with the court for its viewing for finding of fact and conclusions of law.
We are here because on November 30, 2004 I was driving east of the Qwest Center.
The Omaha Police pulled in behind me and noticed my bright yellow NOTICE OF PRIVATE PROPERTY in my rear window.
They then turned on their red lights.
I continued at about 10 miles an hour driving in the far right lane, with my hand out the window waiving them on and verbally telling them that I was going to park up ahead.
The road had no place to park except in traffic lanes. No parking signs were everywhere.
I wanted to park in an safe place, free of traffic, well lit, hopefully where some people could witness the stop. One main reason for the extra precautions as with witnesses is-
( I have been threatened by an police officer about a year earlier, he told a friend of mine that they will tape drugs to my car and that I will go to jail, due to an personal grudge against me. )
( I have a perfect record, I do not during alcohol, I have never done drugs, I have not skipped one day of Church in 20 years, I believe I have only one thing on my record in the last 8 years and that was a speeding ticket on an remote highway in Nebraska at 1:30 am. No traffic on the road. )
AgainÂ -Â After four blocks (approximately 1.5 minutes of driving based on the testimony of the speed and distance the officer said I was going.) I gently pulled in to an parking lot, under a bright light, close to the busy Cummings street.
The Police parked behind me and with in two second had guns aiming at my head from both sides of my car.
At all times after I stooped my car I had my hand over my steering wheel in clear site.
The copes both continued yelling as loud as they could to keep my hands up and get out of the car.
Each time I started moving my hand slowly down to set the brake and seat belt and door lock and latch they would move their guns closer to my head and yelled â€œkeep your hand upâ€.
With in about three seconds of this the one on my drivers side began trying to break my side window out even though I had my hand completely in the air right in front of him and looking straight at him.
Of course I closed my eyes as he was beating on the window because I could only imagine what will happen to my face and eyes when the window breaks and his gun and fist and shattered glass hits me at full force.
I was terrorized and could not even move for fear that I was going to die or be beat up, or disfigured, or blinded by the glass, I was not prepared for such an crazed response.
I am fully aware of the tragic event of the man being shot and killed in Iowa for trying to find a safe place to park, and for years I have heard officers on TV talk about finding a place to park where it was safe and out of traffic’s way. I watched cars on TV as they were totaled by passing traffics,Â or sideswiped by drunk drivers.
After the officer realized the window was not going to break I was able to move my hand very slowly and get my car in first gear, set the brake, turn off the motor unbuckle my seat belt and unlock the door and then open the door all with one hand in the air at all times.
Then I was dragged to the ground even though I came out of the car in a pron position with my hands up.
I was arrested, I was never asked anything about ID or registration or Insurance.
Your honor I feel the lower court erred primarily by not considering the facts in the record and the reasonable discretion an officer should take for the public’s safety and well being at such an stop.
As the record reflects the officers admit that I got out of the car in an reasonable amount of time under the circumstances at the time of the stop, and both officers also admit that they never asked me for any proof of insurance.
Statute clearly says they must ask for the insurance proof before they can charge me with no proof.
And as for obstruction case law supports that I must do something physically???? to intervene an official act. Judge Lowes FFCL stated that I did not get out in an timely manor, nothing is said about the drive time to park safely. He also states that I did not produce proof of insurance but did not mention that I was never asked.
Your honor I ask you to look and see yourself that what I am saying as with all the points of my brief is supported by the record.Â And that no evidence supports â€œbeyond an reasonable doubtâ€.
Your honor I ask you to take judicial notice of the file, af all my listed errors, and of all my pleadings and my exhibits that are part of the record.
I ask that all my cost of this suit be reimbursed back to me.
That I would be found FACTUALLY INNOCENT so that nothing would show on my record. That everything on my record as with thier charges would be expunged from the police record.Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â This is all I have to say for now.
As of 2011 I have learned that they cannot arrest unless upon a breach of the peace.
Also they had no probable cause to stop the automobile, for no plate is not a violation as to right to travel.Â Police can not stop a car for no plate unless they have evidence it is a regulate-able activity.
When I get time I’ll attempt to get the judgment vacated and go for damages with a subject matter jurisdictional challenge.