Monday, 22. December 2008, 08:05:58
Greetings and Happy Holidays - from the Snitch - at the District at Tustin Legacy
Sgt. Jeff Blair – Standards and Practices – Tustin California Police Department
In re: Invasion of Privacy – Illegal Police Surveillance – Illegal Searches – 4th Amendment Violations by the Tustin Police Department – Security Personnel acting as Agents for the Police - and - how many places have you had sex.
The District at Tustin Legacy – Shopping Mall – Tustin California – my Holiday Roundup!
Dear Jeff,
Per my voicemail here is good news for the people and bad news for the Tustin Police Department, line by line, and point by point.
You will recall a few months back I made note of the fact that your Police Officers have been seen in full uniform “visiting” several restaurants and other establishments at the District at Tustin Legacy Shopping Mall, and you agreed as I recall, with me, that this activity is unacceptable, for lots of reasons.
I further told you and have since spoken to several managers at various establishments, mostly restaurant and bar establishments, and we concluded that, “when we go out to dinner, dancing, cocktails, or in my case, scoping-out on local “Man Booty”, while having cocktails, we do not need, want, nor will we tolerate, the Police or Security - tagging-along with us.
We also agreed that when folks are out and about, dining and drinking – “having the Police arrive in the establishment”, is “intrusive”, “intimidating”, and amounts to a “4th amendment violation” regarding illegal searches, and there are plenty of other “privacy” and “legal issues” involved as well - whether or not the business owner consents to this intrusion – I don’t consent.
So, Saturday night, around 9:30 PM - I was enjoying a couple of tequilas at ”Strike Bowling” in the District at Tustin Legacy, checkin’- out some “Hot Man Booty”, when all of the sudden my view went dark, obscured - by two massive figures, which turned out to be two Tustin Police officers.
http://en.wikipedia.org/wiki/TequilaRemember, most outings for drinks and dinner – are the precursor to a private sexual encounter, and as such – there is a further expectation of privacy and freedom from Police or any other intrusions. I don’t need supervision from the Police or Security when I’m getting ready to do some consensual “Man Booty” grabbing - and Gay flirting.
I jumped out of my chair, and approached the officers, introducing myself, out of formality, knowing that few if any City of Tustin Employees don’t know who I am, or wouldn’t recognize me.
I asked, “gentlemen, is there trouble here tonight”, they replied no, “I asked did someone summon you to these premises”, again they replied no, and then I asked, “well then, just what exactly are you doing here”, they replied that they were just “dropping-in to make sure everyone was ok” - well - isn’t that sweet.
I replied, “what you are really doing is intrusive and an invasion of privacy”, and wasting my tax dollars on a goof-off mission as well, no doubt at the expense of a real crime victim, who, while you’re here jerking-off, is being robbed, raped, beaten, swindled, or burglarized; we’ll be taking a peek at your crime calls database when I address the City Council on this issue at a later date, to see who was or has been victimized by a crime while your Police Officers are on a goof-off mission, probably on overtime too - inside of a legal, licensed, lawful business establishment, violating my rights to privacy, and to be constitutionally protected from intrusions by the Police, including illegal surveillance, illegal searches, and nosey Cops and Security Guards.
This also applies to IPC International Security, and any other mall personnel, who if they conduct an illegal surveillance, and then whisper into the ear of the police, “are acting as an agent for Police”, which amounts to a 4th amendment violation, any court will be dutifully obligated to toss any and all charges, never allowing them to be re-filed, at any time.
Also, I recently informed you and the management of the District at Tustin Legacy Shopping Mall, that I have spoken to several managers and patrons at various establishments at the District, and everybody agrees, we do not want, nor will we tolerate IPC International Security or any other Security Operation or even the Police - hanging around even outside of these establishments, glaring at people, who are dining and drinking in legal, licensed, business establishments.
Now, for those who think I’m sticking-up for Drunk Drivers, you should know that I rarely anymore have an alcoholic beverage, have never had a DUI, and as licensed Pilot, I can tell you that the rules for Pilots are very clear, no Pilot may consume any alcoholic beverage prior to operating any aircraft, for a time period which I believe is now either 12 or 24 hours prior to operating any aircraft, depending on your license status with the FAA.
It would be just fine with me - if these same rules applied to operating a motor vehicle.
But, since they don’t, here is what is going to happen when your Police Department and or any security company or personnel, “acting as an agent for the Police” steamrolls over the United States Constitution by bypassing “Probable Cause”, which means “coincidentally” observing erratic driving, and subsequently pulling-someone-over, for a sobriety check.
It does NOT mean - hanging around a bar or restaurant, making note of folks who might be consuming alcoholic beverages, and then sleazing around the parking lot, or just down the street, and subsequently pulling someone over, because they are “likely” to have been consuming alcoholic beverages, (whether or not your Police Department admits to this activity) - this constitutes an illegal search, and bypasses legally required “probable cause”, and there is enough legal and case precedence, so as to require a forklift, to get it into the courtroom, and in front of a Judge.
When the Judge, and the Defense attorney hear from me, by getting a copy of this memo, that people’s rights are being violated by Security Personnel whispering in the ear of a Police Officer, about something they saw, heard, or otherwise were aware of, bypassing “probable cause”, and 4th amendment rules, all of any otherwise legitimate criminal charges, DUI, Drunk in Public, Urinating in Public, and anything else that you can imagine, all of these charges will be promptly dismissed with prejudice, never to be filed again.
In comparison - as one legal professional pointed-out recently in the case of the “privacy charges” filed against Senator Larry Craig - having sex or seeking to have sex in public - in and of itself - is not a crime, and further, there IS an expectation of privacy while in a stall at a public restroom, and whether or not there are two people in the same stall, and what’s going on inside of the stall - is both private, and irrelevant.
http://thelede.blogs.nytimes.com/2008/01/16/in-larry-craigs-corner-the-aclu/?hpI’m not advocating that folks start having sex in public restrooms, but, in and of itself, it is not illegal, a successful prosecution, would require insufficient privacy measures by the participants, (not seeking the privacy of a stall or other measures) - and would also require someone under oath - to testify that they were offended by two human beings having sex or even seeking to have sex; pretty hard to swear to, except by someone who has never themselves had any sex - I suppose there are a few, but not likely many. People seek to have sex - and have sex on airplanes, trains, automobiles, and almost everywhere, human beings are “Intelligently Designed” for Sex”. In fact – I myself have met some real sweethearts in the Men’s room over the years - subsequently had blazing Gay sex with them - and have remained in contact with some of them even today - “Teddy-Bears” - the kind of guys you would take home to Mom on Christmas day.
When it comes to Gay men – we do have an advantage over the straight guys – because the Men’s room can sometimes be like a Costco – you might get a preview or a free sample before you buy.
If you don’t like people drinking and then driving - change the law.
Then these types of business establishments will have to provide rides to folks who have been drinking - pretty soon - we’ll all be in the habit of having a “designated driver” - one way or another, and the Tustin Police Department and others can be downsized or outsourced.
So - even a Serial Killer is goanna walk, because you, IPC International Security, the property managers, and your Police Department - didn’t play-by-the rules.
I know this because I am going to make sure that the Orange County Bar Association, and similar Trial Lawyer Associations have this memo, and also, the next time I see your personnel, and or Security Personnel, essentially “stalking people”; my trusty Cannon Power Shot Camera is goanna come out of my backpack, and everybody is goanna get an opportunity to say Cheese.
Further, with this memo and information that I am providing to Defense Lawyers, not only are all future Police Stops made by your department, Irvine, The Sheriff’s, and others - going to be subject to scrutiny, all of your Stops going backwards in time, and any and all of your Stops, Arrests, Prosecutions, retroactively, will be called into question, and no doubt many are going to get tossed, because, I’m going to make sure that everyone in Orange County knows of this illegal surveillance activity, 4th amendment violations, and that IPC International Security, acting as an “agent for the Police”, and employed by Vestar Development, are violating folks rights, and everyone involved, the City of Tustin, IPC, and Vestar are going to be subject to - predictably successful lawsuits, no one, will be safe, and or free from liability – from this invasion of privacy.
Make no mistake, I am developing a file on this, and it will be full of photographs and is already full of documentation, and I will beckon folks like the ACLU, who are also getting copied on this memo, to file, and secure a class-action status, for a lawsuit against all of the bad guys, and I will make myself available as the first plaintiff for the class.
Also, I am copying the Top Guns of DUI defense attorneys, in this area, and making them aware, that when there is a Stop or an Arrest in Tustin, Irvine, or in proximity to your Police jurisdiction, and the District Shopping Mall, there is ample evidence and documentation to call any and all of it into question, and to seek a prompt dismissal based on the prior bad behavior of the Tustin Police Department, and any other Police Departments who demonstrate similar bad behavior, and any Developers, Landlords, Property Managers, and or Security Companies.
In summary, consider this to be your last warning about this issue, it would behoove you to pay attention - curtail these activities and this nosey invasion of privacy – keep doing it, and I’ll bring a whopper of a lawsuit against any and all involved, and then I will ask the taxpayers of Tustin and their elected representatives, to outsource Policing in Tustin, to the Orange County Sheriff’s Department, and close the Tustin Police Department once and for all, saving money annually in an amount that I estimate to be in excess of $30-50 Million Dollars, “not a one time savings”, but, “each and every year”.
Very best regards and Happy Holidays,
Dave – "I Snitch"
Community Leader – Public Safety Advocate – Mentor – Snitch
Protecting regular folks from Armored Car Drivers – Federal Express Drivers – The Police – and IPC International Security – even it means - wearing a Bullet-Proof vest!
cc:
VIP List
ACLU – Orange County Chapter
Top Gun DUI Defenders
Mothers Against Drunk Drivers
News Media
Orange County Bar Association
Tustin California City Council and Mayor
Sandra Hutchins – Orange County Sheriff
David L. Maggard Jr. Chief of Police – Irvine California
Restaurant and Bar operators – in the District at Tustin Legacy
December 21, 2008