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UPDATE: Man Charged with 'Obstruction of Justice' in Georgia For Refusing Illegal ID Demand Wins, Has Criminal Case Dismissed By Witless Prosecutors 2/25/15 See DontWakeMeUp.org FOR FULL DETAILS ON THIS ISSUE
See DontWakeMeUp.org FOR FULL DETAILS ON THIS ISSUE
In yet another example of insane cops who flagrantly break the law and do whatever they want, a man who refused a warrantless demand for ID has been arrested, jailed, and charged with 'Obstruction of Justice' in Georgia.
The issue of warrantless compulsory ID checks has been ruled on countless times in the U.S. Supreme Court. Despite this, cops keep demanding ID from people without cause.
Kenny Capell of TN, who works as a commercial truck driver, was tired of being repeatedly woken up by police officers who kept demanding his ID without a warrant or probable cause. Kenny owns his own rig and drives a team operation with his wife; while one person is driving, the other is sleeping in the 'sleeper berth.'. This is how the freight arrives on time to its destination. So in April, when a rogue cop woke him up once again after his wife pulled into a weigh station on I-75 in Ringgold, GA, Kenny had enough and told the officer that they had no probable cause or reasonable suspicion to demand his ID, so he refused to show it to them. It should be noted that the couple had had an identical exchange with the same officer less than a month prior. But this time, Kenny refused to submit and refused to show his ID.
The Georgia police officer, Officer Leigh A. Parsons, Badge # 7554, then arrested Kenny, handcuffed him, took him to jail, and charged him with a misdeameanor criminal offense, 'OBSTRUCTION OF JUSTICE.' It should be noted that Capell keeps a copy of his driver license, medical card, and even his medical examination in the truck permit book. None of these things are required by law, but Capell tried to accommodate the officer in case the truck had an inspection. Officer Parsons knew exactly who they were and simply insisted on her sadistic enjoyment of what she views as her 'power.' She is a disgusting disgrace and should be fired, arrested, and sued. Incidentally, the officer was also so incompetent that she put a court date of July 18, 2013 on the ticket.
Update 12/8/14: Kenny's trial was originally scheduled for August 11, 2014. Then the prosecutor made up some excuse and delayed it until October. When October came around, the prosecutor delayed it again until December 8. Now the prosecutor has delayed it yet again. This psychotic criminal posing as a prosecutor obviously has real problems. For some reason, the so-called prosecutor does not seem to want this case to go to court. Kenny also sent a Freedom Of Information Act Request to the Georgia Dept. of Public Safety on 4/24/14 demanding any and all audio/video of his arrest, to use in his defense at trial. The GA DPS replied back and claimed that no video existed. However, Kenny had also filed a police misconduct complaint, and the internal affairs investigator has since acknowledged that there is indeed a video of his arrest and the investigator has seen it. We will keep you updated on this case. To join the e-mail list for updates, send an e-mail request here.
There are many laws laws which truckers must follow regarding their required sleep in the sleeper berth. It should also be pointed out that whenever a driver is sleeping and is disturbed, woken up or ID'd, he must log the interruption as per federal law, and re-start his 10 hours in the sleeper berth all over again! So for example if he had been sleeping for 7 hours and about to begin his shift in 3 more hours, he now must RE-START the 10 hour, making the load LATE.
The issue of compulsory ID has been to the U.S. Supreme Court countless times and it is very clear that police have no authority to demand ID from people without cause. In
Brown v. Texas, 443 U.S. 47 (1979), for example, the court ruled "to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe appellant was engaged or had engaged in criminal conduct. Accordingly, appellant may not be punished for refusing to identify himself..." In Kolender v. Lawson, Edward C. Lawson, a black man from San Diego, CA, represented himself in the U.S. Supreme Court and challenged California Penal Code Section 647(e), which "required persons who loiter or wander on the streets to identify themselves and account for their presence when requested by a peace officer to do so." Lawson [edwardlawson.com] won and the CA legislature revoked the unconstitutional statute. Lawson reportedly died in 2011 but he made several interesting youtube videos explaining his case, which are embedded below. [Read about many more such cases at PROTECTIONS FROM WARRANTLESS SEARCHES AND COMPULSORY ID.]
This latest case of police arresting Kenny Capell is nothing more than a case of power-starved cops gone mad. They want to exert their power and wake up hard-working truckers unnecessarily, just 'because they can.'
Capell has demanded a jury trial. A 'Sergeant King' told Capell in a phone conversation that "We can ID whoever we want" and abruptly hung up on him.
There are thousands of federal rules which truckers must follow- first and foremost getting their federally mandated ten hours rest between their shifts. Failure to comply with these sleep rules is actually considered by the FMCSA to be a more serious offense than having alcohol in the truck. There is absolutely no reason why police should continue this unnecessary and illegal practice of waking up sleeping truck drivers who are getting their much needed rest!
In my case, two rogue cops woke me up illegally in Texas in 2010 after my partner pulled into a weigh station, while I was sleeping in the sleeper berth. They demanded my ID under threat of arrest. Both officers were recorded and the Texas Department of Public Safety admitted wrongdoing in writing on behalf of the two officers only one month after an internal affairs complaint was filed against the officers in November 2010. The admission letter, dated December 20, 2010 and signed by Captain Kenneth Plunk of the Waco Commercial Vehicle Enforcement Division, stated that "corrective action was needed" against both officers and that "additional training has been taken." I then filed a 42 U.S.C. Section 1983 Federal Civil Rights Lawsuit against the troopers for damages, permanent injunction, and to dissuade them from continuing this blatantly illegal practice. One of the internal police department documents which they were forced to release as a result of my lawsuit in initial disclosures revealed that the Texas Troopers officially admitted that "The passenger is under no obligation to comply with request" for ID. It simply doesn't get any clearer or simpler than that.
Here is an interview I conducted with Kenny in the hills of TN last week. The volume is a bit low, so to Increase volume substancially, click your volume mixer/device/speakers/enhancements/Loudness Equalization. Clicking 'Loudness Equalization' will make this video a lot louder and easy to hear. (How to Boost YouTube Volume)
Calls about this case can be made to the Georgia Department of Public Safety Motor Carrier Compliance Division. They can be reached at (404) 624-7212.
On a final note, There are countless safety studies outlining the importance of commercial driver sleep. The feds spend millions of dollars on this issue. Following are only a few samples.
The Federal Motor Carrier Safety Administration states: "Driver fatigue is recognized as a major factor in accidents involving long-haul truck drivers. One way in which long-haul truck drivers decrease their fatigue level is through the use of tractors equipped with sleeper berth units. However even with these units, the quality and quantity of sleep that a driver obtains may not equal what they would receive if they were sleeping at home."
The National Transportation Safety Board (NTSB) states that "driver fatigue is a factor in 31% of all fatal-to-driver heavy truck crashes, and found fatigue to be a factor in even a higher percentage of all truck crashes investigated by NTSB."
FMCSA notes the INSURANCE INSTITUTE FOR HIGHWAY SAFETY report that "increased risk of fatality is associated with nonconsecutive sleep rather than disturbance from the motion of the truck while sleeping''
As the U.S. Department of Transportation Federal Highway Administration has documented in their meticulous report Fighting Fatigue, "One person's lack of sleep can contribute to another's lack of safety on the Nation's roads. According to the National Highway Traffic Safety Administration's (NHTSA) Senior Research Psychologist Jesse Blatt, fatigue and sleep deprivation contribute to about 100,000 police-reported highway crashes, causing more than 1,500 deaths annually in the United States. And the National Transportation Safety Board also has linked operator fatigue with a number of costly public incidents, including the Exxon Valdez grounding and the collision of subway trains on the Williamsburg Bridge in New York City."
1 - Cops Stop Black Guy 15 Times
2 - Cops Stop Black Guy 15 Times
"The right of privacy may not be intruded upon by the government absent probable cause, see Dunnaway v. New York, 442 U.S. 200, 208 (1979); indeed, it is the probable cause requirement that "safeguard[s] citizens from rash and unreasonable interferences with [their] privacy." Brinegar v. United States, 338 U.S. 160, 176 (1949).
Florida v. Royer, 460 U.S. 491, 500 (1983) "The person approached, however, need not answer any questions put to him; indeed, he may decline to listen to the questions at all and may go on his way" Id. at 497-98.
Illinois v. Wardlow, 528 U.S. 119, 125 (2000) "If they do not learn facts rising to the level of probable cause, an individual must be allowed to go on his way."
Brinegar v. United States - 338 U.S. 160 (1949) "The citizen who has given no good cause for believing he is engaged in [criminal] activity is entitled to proceed on his way without interference" (Page 338 U. S. 177)"
Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.