When Police Do Bad Things During Los Angeles DUI Stops – Like Shoot Dogs

LAPD officers engage in the dangerous work of patrolling our streets and stopping drivers suspected of Los Angeles DUI and other crimes. Without these courageous men and women, it is absolutely true that our surface streets and freeways would be more dangerous and more people would die and get hurt.

We applaud these efforts.

But we also want to make sure that patrol officers obey the law and respect the rights of suspected DUI drivers. So what restrictions on officer behaviors are appropriate and required? And when can officers effectively break standard procedure?

A sad but compelling case out of Mesa County, Colorado speaks to these two questions.

According to AP reports, a sheriff’s deputy near Grand Junction Colorado shot and killed a dog that allegedly attacked him while he was struggling with a DUI suspect. Reports say that police responded to an emergency call at a grocery store last Monday night. A man allegedly had been driving all over the road. When police arrived, the suspect ran away, and his shepherd mix dog jumped onto the deputy and bit him on the upper thigh. The deputy instinctively shot the dog and killed it.

According to the Grand Junction Daily Sentinel, the suspect, Joseph McMillan, said that his dog had not been vaccinated for things like rabies, so now local animal services is submitting the dog’s body for tests for rabies.

In this case, at least according to reports, what the officer did sounds completely appropriate.

Although officers generally do not like to brandish their weapons against dogs or people, they do deserve and need the right to protect themselves (and victims) from harm caused by wild, erratic and dangerous people and animals.

Some cases, however, are ambiguous.

For instance, the shootings in Ferguson, Missouri this summer catalyzed intense and divisive debate over the use of police force in emergency situations. And we have covered many instances in which police officers have said or done things that are either inappropriate or downright ridiculous/Unconstitutional after DUI stops.

What should you do if you suspect that police behaved inappropriately (or even Unconstitutionally) during your DUI stop, tests or arrest?

The short answer is: take action by getting in touch with a qualified Los Angeles DUI lawyer as quickly as possible. Call attorney Michael Kraut and leverage his knowledge to obtain the results you need.

Have you been arrested for a DUI in Los Angeles? If so, please contact DUI defense attorney Michael Kraut at (323) 464-6453 or online. Our building is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Framingham Police Execute Search Warrant In Drug Case And Shoot 68-Year-Old Resident- Attorney Sam’s Take

Yesterday, we discussed that tragedies sometimes result from mistakes made by human beings. Yesterday, it was the Parole Board. Today, authorities are investigating a police-involved shooting in Framingham yesterday morning that has left a 68-year-old man dead, the Middlesex District Attorney’s office has announced. The word “homicide” has not been used…yet..

It all began when Framingham police detectives and members of the Framingham Police SWAT Team gathered together at 26 Fountain Street. at about 12:30 a.m. in order to execute a search warrant that had been issued for narcotic offenses, according to the DA.

What happened next is a little hazy, as it often is when police shoot someone.

Apparently, the search warrant was being executed, as planned, but something somewhere went wrong. Initial reports (aka all we are being told thus far) indicate that a bullet was “discharged” from the Framingham Police Department-issued weapon of a SWAT Team member.

In civilian parlance, one of the officers fired his gun.

The bullet struck one of the residents, according to the statement. The resident was 68-year-old Eurie Stamp. He was taken to Metro West Medical Center, where he was later pronounced dead.

No public outcry about this particular mistake…at least, not yet.

Two other men, Joseph Bushfan and Devon Talbert, both 20, were arrested at the scene on charges of possession with intent to distribute a class B drug and drug violation in a school zone.
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The investigation into the circumstances of the shooting continues and further
details, including the name of the officer involved, will be released upon
completion of the investigation, the DA’s office said.

Yes, well we know how that goes. In the meantime, some other witnesses, not dressed in blue, are not waiting for the end of the official investigation to voice their concerns.

"Framingham police came into the house and shot my father. I don't know why or what or what the purpose was," said Marlon Stamps, the victim's son. "If you have my mother in handcuffs in the police car, you have my brother in the police car, and you have my cousin in the police car, why are you shooting my father?" he asks.

Another Framingham resident, Dwayne Barrett is also somewhat confused. "Eurie was laying in the bed and they said somehow the gun just discharged. I am not sure how a gun can just discharge, but that is what they are saying," he relates.

Meanwhile, Framingham District Court Judge Robert Greco has ordered Bushfan held on $5,000 bail and has released Talbert on personal recognizance.

From The Trenches:

You don’t really have to be an experienced Boston Criminal Defense Attorney to get the idea that there is something wrong with this picture. But it helps.

You see, those involved on a regular and long-term basis with the criminal justice have seen things happen. Odd things. Things we were brought up believing do not take place. Many of these things involve the sanctity of police officers and their sometimes overly-valued testimony in court.

Of course, I have no personal knowledge about the lethal execution of this search warrant and, without question, moving in on the drug trade is a dangerous business. Things happen out there…things that sometimes never come to light…or come to light only surrounded by a blurry blue haze.

The clarity of the truth of what happened is usually determined by the good folks investigating and determining the truth.

Kind of like most criminal cases.

After that, it is up to attorneys like me to try to sort it out and give whomever turns out to be accused of wrongdoing a chance to stand up against whatever “truth” is determined.

Often, a lot of work goes into the preparation of said “truth”.

That is why you need an advocate with experience, skill and, yes, determination.. Being a former prosecutor or police officer does not hurt either.

If you would like to discuss such a matter with me, I can be reached quite easily. Just call me to arrange a free initial consultation at 617-492-3000.

To view the original story in which parts of this blog were based, please go to : http://www.boston.com/yourtown/news/framingham/2011/01/man_68_is_fatally_shot_in_fram_1.html?p1=News_links and http://www.thebostonchannel.com/news/26375629/detail.html

View the original article here

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