!!!CHP HARASSMENT!!! LEGAL ADVICE ANYONE??

[Drinnen]

WARNING: Extremly long, lots of anger, and lots n lots of curse words!! lol

The incident I’m going to tell you about took place at the chp office off of hwy 80 and Indian hill (located in northern cali) during an appointment I had scheduled to retrieve a VIN number on my great aunts 50 Chevy pickup truck today. The nature of this is to explain how I felt my rights were severely violated and harassed by a CHP officer and his fellow officers that were in the building at the time of the incident. I felt like I was given this treatment because of discrimination of my age or the fact that this guy was a complete DOUCHE BAG! This post is very thorough and long due to all the events that took place throughout the 2 encounters I had at this office in one day! So sorry for the essay guys but I didn’t want to leave out any details because I feel it’s all relevant! The reason why I’m posting this here is to share this with all of you and to see if anyone can give me legal advice to see if this is even worth filing a harassment case! I’m only 22 and don’t know any logistics when it comes to harassment laws or anything of this nature and any advice, comments on how much of an asshole this guy was, info for lawyers, or anything will be greatly appreciated! Thanks!

Like I stated before I had trailered a pickup truck to the CHP office to retrieve a VIN for a title transfer. I had borrowed my girl friends diesel and her father’s trailer to help my aunt out on getting a VIN on her truck. The diesel is registered in Oregon because my gf goes to school up there and is a resident of Oregon. She has an Oregon driver’s license and owns a house and property in Oregon. I had driving the truck to the office, with the trailer, early this morning. I pulled up, parked and waited for this officer to come out to look over the vehicle. When I had pulled up I had left the front windows down due to the fact that she had front window tint. I didn’t want to give this guy any reason to even question it so I thought ahead and made sure both front windows were all the way down. When the officer came out he asked were the keys were to the diesel truck and I told him they were in the ignition. He did not ask for my permission to drive the truck or anything but just walked away from me when I told him where the keys were. He didn’t even give me time enough to question why he needed the keys and took the truck into the back impound yard to try to locate a VIN on it. After an hour of a half of waiting he finally comes out and starts questioning me about my girl friends diesel…

He asked if this was my truck and I said no and told him it was my girl friends. He did not ask for registration or insurance but asked for my driver’s license. I asked him why he needed it and he told me he was going to cite me for having front window tint! I explained to him that this was my girl friends truck and her tint was legal to have in Oregon. He went on to tell me that it didn’t matter because the vehicle is now in CA and CA tint laws do not allow front window tint. And by the way her tint almost looks factory it’s so light, I would probably say it’s not even 60%!
I did not have my driver’s license on me and only a CA ID card because the DMV issued me one instead of a license when I lost it a few months back. I explained this to the officer and he told me it’s not valid. I questioned him why because the only difference between the two is that one says ID card and the other says drivers license, even though the ID card had my DL # on it! So now he goes back into the office to write me up a fix it ticket for the tint and to run my license… He comes out with a fucking ticket that said I was driving under a suspended license!! I said what the hell is this? He told me you know what it is you lied to me about your license, its suspended! I said I’m not lying to you and I don’t know why you think I have a suspended license because I don’t. He continued to call me a liar, right in front of my grandfather and aunt, and even threatened me to stop giving him lip or he would impound both trucks and the trailer!! I explained to him as well that my DL was suspended because of an unpaid ticket but I took care of it 3months ago and I know it’s not suspended because I called and verified that it was not! Again he told me I was a liar and that’s what the computer says so I’m full of shit!

I stormed out of there with my 75 year old grandfather now driving my gfs big diesel and 20ft trailer and my great aunt who is 71 driving a work van. Both of them could barley drive as it is, let alone vehicles like that! I ended up having to take the whole day off of work to go to the dmv to take care of this shit. I get to the dmv and renew my license in less than a hour and a half after this all happened and prepare to go shove my temp paper license up this pricks ass!

I go and pick up my gf to bring her with me along with all her information to go set this guy straight and hopefully get the tickets taken care of so we both don’t have to go to court. Soo this is now round 2 dealing with this guy and oh boy he was even more of an asshole.
After arguing with him for 45min I finally get the jerk to write off the ticket for the suspended license. I showed him that I had a valid license and it wasn’t suspended. He never apologized for the mistake and continued on his pompous arrogant know it all super cop attitude! Now it was on to take care of my gf’s tint ticket and this is where it started to get really bad…

At first we just sat there and argued with him that there is no law that we are aware of that states that if someone from out of town visiting CA has to remove their tint to abide by the tint law here. He continued to tell us both we did not know what we were talking about and that he was an all mighty “officer of the law” and knows what the law is. I asked him what the penal code was for this so called law or to show me in documentation somewhere where it states he is correct and would not, he refused!! He just told me that’s what the law is! You don’t need that information because I’m telling you that’s what it is! After it was all said and done and a total of another hour arguing with this guy he asks “to see” my gfs driver license. He sticks out his hand and she hands it to him, thinking that he just wanted to make sure she had an Oregon driver’s license. Sure as shit he takes the license and walks into this back room with it completely ignoring us when we asked him what he was doing! Immediately I start yelling and banging on the glass to get someone’s attention to stop him from taking her license and doing a check on it. Right away I get some lady in there that was literally 10ft away from him in this office to go back there and I hear here tell him that she said she wants her license back and did not give him permission to take it.. It got quiet and we waited 15min for the lady to walk back out of this room. Right away again I asked her what is he doing we want her license back we never gave him permission to take it, just to see it, like the ****** asked. She replied “I don’t know” and just sat back down at her desk. I told her "what do you mean I don’t know he has no right to do that! Please go get her license back”. She just flat out starts ignoring me! She even got up and walked away back into this back office where they can’t be seen but faintly heard. I get so irritated I bang on the glass and said excuse me, directed to another office lady in the building and 2 officers, they all completely ignored me and all vacated the main office to this back room!!! I could hear them all laughing and talking about us like this was some sort of game to them in this back room! Finally 20min later he walks out. Tells me he didn’t even get around to writing up the ticket yet today so he’s just not going to! What a joke!

So now infuriated, I ask for 5 complaint forms and documentation for their policy for investigating complaints. On the wall of the lobby we were in there was a big sign that said it was the law and my right to request both a complaint form and documentation explaining the process of investigating a claim. He told me flat out NO when I asked for all of this. I was so pissed that I said “What the fuck do you mean no? Go get me the information I requested!” He then told me that I could go print them out online on the chp’s website!! I then started reading off the law posted behind me on the wall that stated by law he had to! And told him after I got through reading very very loudly “Go SERVE me my papers”! He then finally reached inside the filing cabinet next to him and got me my complaint forms but still failed to provide me with documentation explaining me what the process was for the investigation, something that I was entitled to by law! By that time I came unglued and this is where I kid you not it even got worse!

I went on to tell him how much of an asshole he was and that I was trying to do a nice thing for my aunt, took of work and everything to help her out. I told him that I have a completely clean record besides traffic violations and that I have never once got in trouble with the law besides forgetting to pay a ticket thus the result of a temp suspension. I told him that if he wasn’t such an ass hole that I would not be filling 5 complaints on his record, 2 were from me for the incident in the morning and then the afternoon, and one from each my gf, grandfather, and great aunt. And the fact that he harassed me, wrote us both tickets for no reason, and even rolled up the windows because he was looking for something to write me up on because he had nothing better to do! He told me he wasn’t being an asshole. He told me that he had every right to roll up the windows because I gave him permission to drive the vehicle. I told him that I did not that he just asked me for the keys, not if he could drive it, and he told me I was full of it and started laughing!! I said you’re full of shit and that the video surveillance will show that the windows were down and that you rolled them up! He said what video surveillance, laughed again, said that there are no cameras on the whole property! I straight up told him he was lying and that there was no way in hell that a chp office would not have them in their impound yard! He told me still that they did not have any cameras. He then went on to say “If you wanna play games kid, it’s my word against yours and who do you think people will believe”! He told me that “I could say the left window was up, and that you gave me permission to go in the vehicle, you really think anyone will believe you over me?”!!!! I told him good luck with that seeing how I know you guys have cameras and I have 3 witness’s saying otherwise! Told him “What ever dude you’re the one who caused all this and now you’re going to be investigated, you’ll have 5 complaints from one single day on your PERMENANT record, your captain and his superiors will read about this, and I will make it my personal vendetta to have your badge on a silver platter along with an apology note from your sorry ass you piece of shit!” Yelled at the top of my lungs “ GLAD YOU ALL ARE PROTECTING AND SERVING IM FUCKING DISGUSTED WITH EVERY PERSON IN THIS OFFICE YOU ARE ALL A DISGRACE TO LAW ENFORCEMENT AND GIVE YOUR FELLOW BROTHERS THE REPUTATION OF BEING PIGS!” Said FU to him and walked out!

/end ridicusly long rant lol

[Quattro]

WOW, just speechless.

Write those complaints, call to speak to his supervisor, etc etc. That is a start and take it from there.

It is just plain sad what he did!

[oildrpr]

i like this.. (the FU part and such)

[feelgood156]

What a mess, too bad you didn't have a tape recorder on you...gluck w/ everything.

[A 4 Awesome]

Dude that sucks!! I would def file a complaint. Good Luck!!

[a62.7t4ceo]

Write to the Supervisor and cc the state representatives for that area (Congressman/Assemblyman, etc..) Place phone calls with them as well. That will definitely get some attention. Who's the local investigative TV reporter? Do you really want to expose and embarrass them?

[fatezero]

Lol, this post is hilarious. Honestly, the CHP officer was right in 90% of your story. If the computer says your license is suspended, guess what...it's suspended. DMV routinely fails to update the State system so it's not the officers fault.

2nd, what do you expect when you bring a truck with illegal tint to a CHP office??? Hello?? The law is the law in California, regardless of where the vehicle is registered. You are supposed to adhere to the laws of the state you are in, not where the vehicle is from.

I don't agree with what you did going back to the office. You could have had handled that better IMO and just had another cop sign off your ticket

[RAudi Driver]

you're an idiot for posting such a long rant. Who want's to take the time to read that? Tell it to the Judge!

[antidote]

Yeah CHP officers are giant assholes and they can do whatever they want since it is on "Government property" but I'm not too sure that they can just get in your truck without permission and roll your window up..

None the less it's kind of expected for them to give you a ticket for window tint <- being a giant asshole cause he is stuck in the office but the suspended license deal they are going by the computer so you can't blame him for "lying" on that issue.

But good luck none the less, and you could have summed it up shorter i didn't even read the last two paragraphs.

[chaze]

Somewhere on the webz, there is probably a secret police forum where the officer is posting his side of all these LOLs. Wish we could read that cross post.

[sa_seahawker]

Understanding that 99% of the people on this site seem to hate the police anyway, I will only say that there is a difference between a civil rights violation and a behavioral misconduct incident. You need to do your research and find out and read the specific law that states what information you are entitled to and what are acceptable methods of dissemination. You will find that in this instances, information is "presumed" to be recieved or delivered in a matter that most people don't think is good follow through.

For instance, you probably DID have your license suspended. When they suspend your license, they usually mail you the notice of suspension to the address on your DL. State laws usually "presume" notice of the suspension has been delivered if it is sent that way. So if you moved and didn't change your DL address, you will never get it and never know you are suspended.

Bottom line, don't expect the FBI come do a thorough investigation of civil rights. They only investigate "blantant" allegations of civil rights violations. My suggestion is to read the laws that you think you are entitled to know, file the necessary complaints, and wait for a response. If the response isn't to your liking then go higher and so on. You probably won't get a settlement check or damages because the cop was simply "mean" to you.

I'm not doubting you may have been mistreated, but if you're going to try and stick it to "city hall", you have to have your ducks in a row.

That's just my opinion, I could be wrong.

[BoostinonYOU]

99 % hate the police when they break the law and get mad at the officer for doing there job. Police are a good thing.

[Drinnen]

V C Section 2800 Compliance with Peace Officer Orders
Compliance with Peace Officer Orders 2800.
(a) It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code.
(b) Except as authorized pursuant to Section 24004, it is unlawful to fail or refuse to comply with a lawful out-ofservice order issued by an authorized employee of the Department of the California Highway Patrol or by ( )1 an authorized enforcement officer as described in subdivision (d).

I complied with the officer when he asked me for the keys to my girl friends truck... He never asked for my permission he asked me where the keys were. I was not going to question him why he needed them because I was trying to comply with his orders. If I had the option I would have told him no, because we wanted to see there process for locating a VIN on the vehicle anyways. Because of this law right here I obeyed I allowed him to drive the truck, because he had driven the truck he thought he had the right to roll the windows up and notice the window tint. Something he was obviously trying to bust me for because of the dark tint on the rear windows he noticed. There was no reason to roll the windows up I was outside when he pulled back out of the impound yard, plus it was a beautiful sunny day! I followed the law but he did not! He did not ask for my permission he ordered me to give him the location of the keys! An officer does not have the right to enter your vehicle let alone drive your vehicle without your consent unless they have probable cause for you violating the law which then gives them the right to!!

V C Section 1803.3 Report of Conviction Reversal Notification of Dismissal
Report of Conviction Reversal; Notification of Dismissal
(b) The abstract shall be forwarded within 30 days of the date the judgment of reversal becomes final. The notice of dismissal shall be given to the department not later than 30 days after the dismissal. Within 30 days of receiving the abstract or notice, the department shall remove any record of that conviction, or notice received pursuant to Section 40509 or 40509.5, from the driver's record.
(c) As used in this section, "reverse" includes any action by which a conviction is nullified or set aside.
Amended Sec. 31, Ch. 263, Stats. 2007. Effective January 1, 2008.

Right there states that previous suspension should have been off my record in 30 days from approval of corrections! I never received anything in the mail but talked to the court when I made the payment to lift the suspension and they verified they received it and also told me that the suspension should be lifted in a few weeks! Not my fault that somewhere in the system it was screwed up! Instead I get called a liar and told im full of shit in front of my family by this douche bag!

815.221 Tinting; authorized and prohibited
materials; certificate.
(1) Notwithstanding
any other provision of law, a person
may apply tinting material to the windows
of a motor vehicle in compliance with this
section.
(2) Tinting material may be applied to the
side and rear windows of a motor vehicle if:
(a) The tinting material has a light
transmittance of 50 percent or more;

Thank you onyrmom for posting that “Vehicles Registrated in the Sate of California are subjected to the tint law, not vehicles operated in the State of California” I looked all over for that piece of information so I must of missed it somewhere. The tint on the truck complied with the law, there for there was no reason to even run my license or issue a tint ticket to my girl friend.

I honestly cant believe some of the people that posted in here… AZ is getting full of complete morons that have nothing better to do then bash people and post shit that they have no idea what the hell their talking about. Thank you to all who had helpful advice and criticism! To the rest of you… Seriously go smoke a joint or drink a beer or something. Find something better to do with your life then sitting on your computer trolling the forums just to bash people and talk out of your ass! I complied to every law and that officer! I wasn’t rude, but friendly to him when he questioned me about the truck and my license. I only became rude and started cursing at him when he started to violate my rights! Im a good person that was trying to do a good thing by taking the day off from work to help my aunt sell a truck that belonged to my uncle that passed away a few months ago. She needs the money because her home is going into foreclosure and does not want to loose it. That truck has sentimental value to both her and I! There was no need for any of this shit to happen! I know I am a good person, so did the officer, I did not deserved to be treated like I was a low life scum! That’s why I want to take this to the full extent by doing what ever I have to do. I’m going to move forward and file the complaints and take it from there. If im not satisfied with the out come I will take peoples advice from this thread and take proper action till the asshole gets what he deserves!!

[Drinnen]

If he was to right me any ticket for my license it should have been for "no proof of license" which is a fix it ticket....
Not "driving under suspended license" which is punishable by jail, huge fine, point on your record, and a misdameanor!!

[Drinnen]

Thought I would post this for the people who think that filing a comlaint with the CHP office will do nothing!

Directly from CHP's website: http://www.chp.ca.gov/publications/ccp.html

Office of Internal Affairs

The California Highway Patrol (CHP) has a well-defined procedure for investigating citizens' complaints. Once a complaint is received, it is the responsibility of the involved employee's Commander to ensure a thorough investigation is conducted. Although complaints cannot always be resolved to a citizen's satisfaction, all investigations are conducted objectively, with a goal of maintaining public confidence and departmental integrity. After completion of the investigation, complaints are directed through the chain of command for an impartial review. After final approval, the citizen is provided with a closing written response.

The citizens' complaint process is designed to investigate the allegations of citizens and to make a determination of fact as to any wrongdoing. In cases where a false complaint is maliciously filed against a peace officer, that officer is entitled to file a civil action. Therefore, it is important all allegations presented in a complaint to the Department be based on factual information.

Penal Code Section 148.6 requires that all law enforcement agencies accepting an allegation of misconduct against a peace officer shall require the complainant to read and sign the following information advisory:

[Quattro]

rock on! it is not an easy process, but wish you the best of luck.