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Rogue
San Jose Police Officer:
Torres: Badge #4175
These officers bring Shame
and Embarrassment to the San Jose Police Department:
Date: 7/2/2009
Time of traffic stop: 7:00pm
Time ticket was issued: 9:06 pm
location: At Monterey
Road, North of Curtner Ave / Tully Road, San Jose
Officer: Torres
Badge #: 004175
Traffic Citation #: E1710261
San Jose Police
Misconduct Victims:
Mr. F. , Mr. C. , Ms. V.
Mr. F was driving Mr. C's van, the three people were in the
van, to Home Depot to pick up supplies for work. Mr. F. noticed a
police car behind him, and that the officer was typing something in his
computer while at a stop light. Shortly after passing the light, the
officer turned on his lights and initiated a stop. Mr F. pulled
into a parking lot. One officer approached the car, another officer
stood nearby. The officer asked for license and registration and
insurance, which Mr. F. provided. After running the license, the
officer returned and asked Mr. F. to step out of the van and walk to
the police car. Mr. F. was told that his license was suspended the
day before. Mr. F. responded that he did not know this. The officer
responded that there was no way for Mr. F. to know, because he had
not been served yet. At that time Mr. F. said that they were
working, and had only left to buy more supplies at Home
Depot, and would
they allow Mr. C. to drive since he has a driver's license. The
police said that "We'll see. We're asking the questions."
At this point, one officer told Mr. F. to put his hands behind his
head, and began a search of his body. The officer removed everything in
Mr. F. pockets and put it on the hood of the patrol car. After
finding nothing dangerous or illegal, Mr. F. was told to sit down
with his legs crossed and to not say a word; to which he obliged. Then
a second patrol car arrived. At this time Ms. V. was asked to
step out of the van and was searched by a male officer. Her whole body
was touched and when she said, "Hey" in response to the improper
searching, the officer said "Shut up and be quiet. Go sit down next to
him (Mr. F.) and don't talk to each other."
Then Mr. C. was told to get out of the van. He was told that if he
opposed a search of himself or the vehicle that he would go to jail. He
did not respond to this statement, and the officer proceeded to search
him, and then the van. After finding nothing dangerous or illegal, the
officer told him to sit down and don't talk. At this point Mr.
C.
asked the officer, in English, "Excuse me, what is your name?" The
officer responded, in Spanish and with his hands clenched in fists, "No
estas en Oakland, no te tengo miedo." ("You are not in Oakland, I'm not
afraid of you.") Mr. C. then sat down with the others.
No one knows which officer is named officer
Torres, which is the only
name on the citation. There were a total of 8 San Jose
Police Officers present on the
scene at one time, as two more SJPD patrol cars arrived while Ms.
V.
and Mr. C. were being searched.
After sitting for 15 minutes Mr. F. was called over to the squad car
and was informed that he was getting a citation and "That van is mine."
Mr. F. asked what the officer meant by that, and the San
Jose Police officer
responded, "It's going to be towed." Mr. F. asked that Mr.
C.
please be allowed to drive the van, as he also has a driver's license.
The Police Officer responded by saying "No." Mr. F. asked why not, and the
officer responded "Because he asked my name." The three people sat for
45 minutes or one hour, until a tow truck arrived. Then when it arrived
Mr. F. only was allowed three minutes to remove personal property of
all three people from the van. Mr. F. was issued a citation for
"VC-14601.1(A) Driving when privilege suspended or revoked authority
17520 F and C" and "VC-24601 Lamp to illuminate license plate must
work." However, the van was pulled over at approximately 7 pm and the
sun was still shining, and cars on the road did not have their lights on
yet. Mr. F. only signed because he thought that if he did not sign
the ticket he would end up being arrested.
The injustices that we feel occurred are as follows:
1. Cars on the road did not yet have their lights on, it was still
daylight hours; so the van should not have been stopped for the alleged
license lamp being broken. Also, the lamp is, and has always been,
working.
2. Mr. F. had not been informed by the DMV that his license was
suspended. He has still not been informed by the DMV that this is the
case. The officer knew that Mr. F. had not been served this notice,
but still wrote a citation.
3. Mr. C. was not allowed to drive the van away that night, even
though he has a driver's license and the van is owned by and registered
to him.
4. Ms. V. was searched by a male San Jose Police
Officer, no attempt to call a
female police officer to the scene was made.
5. When Mr. C. asked one officer for his name, the officer did not
tell him, and Mr. C. felt very threatened by the officer's
response.
6. The price of getting the van back was $455 paid to the towing
company, and $182 to the San Jose Police Department to release the van.
See Also: Cuenca &
Tortorici
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and Web Design Services will be provided to Attorneys
at NO CHARGE ( in exchange
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References, For more info, please call 408-401-8940
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Cinco De Mayo Brown Act Violation
complaint
against SJPD Officer: Ted Trujillo. ( Badge# 2725 )
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questions regarding this project, please call Cary-Andrew
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