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Tallahassee Police Officer caught on video framing driver for a DUI

Discussion in 'Too Hot for Swamp Gas' started by gator_lawyer, Apr 3, 2024.

  1. ValdostaGatorFan

    ValdostaGatorFan GC Hall of Fame

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    This training probably is. It wasn't department training, but it is a training seminar paid for by taxpayers. Thousands of cops nationwide have attended these. Their presentations teach unconstitutional policing. It's so bad, that hundreds are being ordered to retrain just for attending the thing.

    MSN

    MSN



    Language warning. There are some F bombs. They start out censored but aren't after that. It's worth watching, imo. Was this the vibe when you were on the force?



    There might be one happening in Orlando at the end of this month. The organizer looks to have filed for bankruptcy, but the event is still on their calendar.
     
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  2. danmanne65

    danmanne65 GC Hall of Fame

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    If you don’t want to be a cop pick another career. To many do it for the power to ruin people.
     
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  3. mrhansduck

    mrhansduck GC Hall of Fame

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    In addition to her changing story about the seal, the officer testified that she wasn't personally permitted to impound liquids under their policy. I wasn't clear if that was based upon rank or whatever. If I understood, she seemed to concede that another LEO on scene would have been able to impound it and that it would make sense because it was evidence of DUI. For some reason, the officer also left an open container (cup) of what she believed contained alcohol without pouring that liquid out. I felt like she was all over the place and wasn't making sense on any of those details.
     
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  4. Gator515151

    Gator515151 GC Hall of Fame

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    From the Tallahassee Democrat. .............I'm not jumping to any conclusions until the trial is over and we get the chance to watch the unedited video.

    How the viral video surfaced
    Our Tallahassee, a left-leaning and electioneering online outlet founded by Max Herrle, a political operative and former local lobbyist, posted edited video on its website and social media feeds of the May 7, 2023, arrest of Riley. It was viewed more than 2.5 million times on Twitter/X alone.

    Herrle, who operates three state political committees and has campaign ties to City Commissioners Jeremy Matlow and Jack Porter and County Commissioner Brian Welch, narrated the footage himself. The two-and-a-half-minute video, with the headline "TPD Officer Plants Evidence in DUI Arrest," shows an officer open a sealed bottle of what is purported to be alcohol, pour it out and throw it back in Riley's car during his arrest.
     
  5. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    The sealed bottle of liquor was not evidence of DUI, it only potentially became evidence after it was opened. If she emptied out the contents due to her perception of department policy, the bottle should have been discarded or left in the car. It should not have been seized and impounded as evidence, it only had any evidentiary value due to her altering it by breaking the seal, opening it and pouring out the contents.

    This statute is, in my opinion, applicable to her conduct.:
    918.13 Tampering with or fabricating physical evidence.—
    (1) It is unlawful for any person, knowing that a criminal trial, proceeding, or investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury, or legislative committee of this state is pending or is about to be instituted, to:
    (a) Alter, destroy, conceal, or remove any record, document, or other item with the purpose to impair its verity or availability in such proceeding or investigation; or
    (b) Make, present, or use any record, document, or other item, knowing it to be false.
    (2)(a) Except as provided in paragraph (b), a person who violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    (b) A person who violates subsection (1) relating to a criminal trial, proceeding, or investigation that relates to a capital felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
     
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  6. danmanne65

    danmanne65 GC Hall of Fame

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    Well release the whole video. The only reason they aren’t is they are hoping this blows over. The only further investigation should be by the FBI to determine who in the chain of command shouldn’t be prosecuted.

    I think a RICO case might be in order here. It is a criminal conspiracy and cover up.
     
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  7. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    The jury has the case. The foreperson indicated Friday afternoon that they were not close to a verdict and asked to come back Monday instead of deliberating any longer Friday. The judge agreed. Based on that juror's wording, I suspect this jury might hang.
     
    Last edited: Apr 6, 2024
  8. Gator515151

    Gator515151 GC Hall of Fame

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    We all know Our Tallahassee is a left leaning publication and the narrator of the video is a Democrat operative.

    I'm still not ready to fully defend the Tallahassee PD but I am getting closer all the time.
    I ran their video through my video editor to get a better idea of how edited the video is. Here are the results I got.
    At the 02:01:11 mark 13 seconds are edited out
    At the 02:01:31 mark 8 minutes 36 seconds were edited out
    At the 02:10:14 mark 4 seconds were edited
    At the 02:10:36 mark 1 minute 48 seconds were edited out
    At the 02:12:30 mark 5 minutes and 44 seconds were edited out
    At the 02:18:36 mark they started jumping from camera to camera and it was tough to follow without spending a lot of time on it.

    Now let's talk about the narrator intentionally misleading us. At the very end he says all the officers discussed if their cameras were off. All I heard was one officer say "are you still on" that's it.
    Also I don't drink so I had to look at pictures of full liquor bottles online but all the ones I saw were full up to the neck, it looks like there is too much air in that bottle to be unsealed to me.
    Now let's jump to the real smoking gun. I distinctly heard this the very first time I watched the video but couldn't prove it until I ran the video through my cell phones video editor and slowed it down. Once I did that I knew what I heard was right. LMAO I guess sound travels faster than light because you hear the sound while the bottle is still in one hand.



    Note to Our Tallahassee, you probably should get a better video editor before you try to lead sheep to follow with an edited video.
     
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  9. gatordavisl

    gatordavisl VIP Member

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    I hear the sound of the seal being broken while the LEO's right hand is twisting. You are hearing a different sound before that, maybe cop equipment jingling. If anybody knows the sound of a liquor bottle seal being cracked, it's me. ;)
     
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  10. orangeblue_coop

    orangeblue_coop GC Hall of Fame

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    The resident cop defenders love defending their favorite gang, the police
     
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  11. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    This purports to be the officer's full BWC video:


    What's interesting here is how the nature of the DUI investigation keeps changing. It started off with "I can't really smell anything right now."(5:52) (Note: In my experience, if a cop is going to smell anything, it's going to be when the driver's window is opened for the first time during the stop and the cop is standing right there.) Then at 12:12, "I smell marijuana in your car." It should noted, they find no evidence of marijuana in the car...no shake, no seeds, nothing, not even a lighter. At 17:03 the one officer tells the other one "And you can just charge him with DWLSR," a tacit acknowledgement there is no PC for a DUI charge at that point. At 21:15 the officer is asking him to take a breath test. Wrong test if you suspect weed, you ask for a urine test. At 13:30, one of the officers says, "Wow, he reeks of alcohol."
     
    Last edited: Apr 7, 2024
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  12. g8trjax

    g8trjax GC Hall of Fame

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    LOL, so all a cop has to do is say they smell pot and they can legally search your car?
     
  13. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    Yep. "Plain smell" provides probable cause to search unless you or an occupant can produce a medical marijuana card. They were going to be able to search anyway due to the suspended license.
     
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  14. danmanne65

    danmanne65 GC Hall of Fame

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    And if they “smell” alcohol and they can force you to do the acrobatics of a dui check. I think the punishment for dui should be 20 years in jail and never being able to drive again. But I like the bill of rights more than I hate drunk drivers.
     
  15. g8trjax

    g8trjax GC Hall of Fame

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    No way I could pass a field sobriety test anymore, balance is shot. Also heard horror stories of breathalyzers being way inaccurate...you could be stone sober nowdays and still end up in jail.
     
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  16. mrhansduck

    mrhansduck GC Hall of Fame

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    Sorry if already posted, but here are some trial clips.

     
  17. danmanne65

    danmanne65 GC Hall of Fame

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    And if not in jail, out thousands of dollars for a defending driving by a cop with an attitude.
     
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  18. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    Second female officer's BWC video:

     
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  19. higator85

    higator85 All American

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    I got popped once and went through the whole ordeal. I wasn’t drunk but I smelled strongly of alcohol because I had done a long ride 2 hours earlier and was still pretty dehydrated when I went out for dinner and drinks. I had 3 (good size) glasses of wine and was 1.5 miles from my house) so I felt good to drive.

    Cops asked me to blow and I was smart enough not to. Back then you didn’t lose a license for not doing it. Cops make me count backward walk and stand on one leg. By legs were very strong from biking and my history of surfing and windsurfing gave me exceptional balance. I stood on one leg like a freaking statue for 30 seconds could have gone much longer.

    They still hauled me to jail. Hired an attorney (10K) who selected trial by judge and he played the video. Not a hitch or waver on my part. I could have been part of cirque de Soleil. I was acquitted.

    5 years later I gave up drinking for good.
     
    Last edited: Apr 7, 2024
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