Section 148(a)(1) of the California Penal Code makes it a crime to willfully “resist, delay or obstruct” a police officer or emergency medical technician in the performance of on-the-job duties. Ironically, this section of the penal code aka as “the boot of the police state” is the section that is almost exclusively and illegitimately used AGAINST US. This time, I believe that it directly applies to Dan Hughes and possibly even Andrew Goodrich who was the watch commander. Here is the claim for damages filed by the DA investigator who was abrubtly taken off of the case
In the wee hours of the morning following election night, Dan Hughes directly interfered with an arrest, and willfully delayed and obstructed his four officers in the performance of their on the job duties. He called off the arrest of and breathalyzer administration to a suspect caught in the act of fleeing the scene of an accident as he reeked of alcohol. The suspect was none other than our esteemed City Manager-Joe Felz.
The state legal system is set up to give police officers the ability to carry out their functions with minimal interference, including command staff, and anyone who interferes should face arrest and prosecution if they are perceived to be interfering with the operation of law. In fact, anyone could be charged with the crime of obstructing justice for doing virtually anything that constitutes an attempt to prevent a police officer from performing their duties. I believe Dan Hughes signed his own guilty plea when he put out that memo to the council regarding the election night incident involving our city manager.
A petrified Fullerton homeowner had called in a car crash in front of their home at 1:30 in the morning where a van ran over a tree and got itself stuck. The driver of the van was attempting to free the vehicle by continually reving up its engine, putting it in gear and reverse over and over trying to get away. What kind of police officers does Fullerton have who arrive on scene to where a man smelling of alcohol was attempting to leave the scene of an accident, and they fail to arrest and administer a breathalyzer? Whats worse is they let the alleged drunk driver who happens to be our City Manager Joe Felz call and ask for the police chief at 130 in the morning?
What kind of police chief instructs his four police officers who arrive on scene to where a man smelling of alcohol was attempting to leave the scene of an accident, to NOT to arrest him, not to administer a breathalyzer but rather wait until the police chief sends HIS special guy out possibly hours later to do a PRIVATE field sobriety test with NO BREATHALYZER, AND without the presence of another officer without and then drive him home instead of arresting him and taking him to jail? Hiding or destroying evidence or material that would be useful in proving a crime, or attempting to prevent another individual from providing information regarding a crime would have you or I facing charges of obstruction of justice. Watch Joe Imbriano and Barry Levinson at FPD headquarters as they attempt for a second time to get the FPD’s own men in black to take a report on Chief Dan Hughes’ obstruction of justice and they REFUSE.- part 1 and 2. The criminal justice system is broken folks and until law enforcement agents are held criminally liable for their actions, nothing is going to change, We need to send a strong message to all law enforcement that no one is above the law, especially those who are bestowed with arrest powers who are so handsomely paid to and entrusted with the duties to uphold and enforce it.
#1 by Old School on April 19, 2017 - 1:36 pm
Fullerton Police Department Report Preparation
344.1 PURPOSE AND SCOPE
Report preparation is a major part of each officer’s job. The purpose of reports is to document sufficient information to refresh the officer’s memory and to provide sufficient
information for follow-up investigation and successful prosecution. Report writing is the subject of substantial formalized training and on-the-job training.
344.1.1 REPORT PREPARATION
Employees should ensure that reports are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned employee to complete
and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up
action on active leads, or arrest reports where the suspect remains in custody should not be held.
Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee will be required by the reviewing supervisor to promptly make corrections and
resubmit the report. Employees who dictate reports shall use appropriate grammar, as content is not the responsibility of the typist. Employees who generate reports on computers
are subject to all requirements of this policy.
All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken. Employees shall not suppress, conceal or distort the facts of any reported incident, nor
shall any employee make a false report orally or in writing. When an Officer’s conduct may be reviewed, that officer shall be interviewed or complete their written report prior to
reviewing any audio or video recordings. When any audio or video recording is reviewed by an officer prior to preparing a required report, that fact shall be documented in the
report. That documentation shall include the circumstances that led to the review, who authorized the viewing and under what conditions the review took place. Group access of
recorded evidence by involved or witnessing officers is prohibited. Generally, the reporting employee’s opinions should not be included in reports unless specifically identified as such.
344.2 REQUIRED REPORTING
Written reports are required in all of the following situations on the appropriate department approved form unless otherwise approved by a supervisor.
It appears Sgt. Kandler was following orders from his supervisor, Captain Siko not to take a report from a citizen. The question is Why?
344.2.1 CRIMINAL ACTIVITY REPORTING
When an employee responds to a call for service, or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the employee is required to document the activity. The fact that a victim is not desirous of prosecution is not an exception to documenting a report. The following are examples of required documentation:
(a) In every instance where a felony or misdemeanor has occurred, the documentation
shall take the form of a written crime report
(b) In every case where any force is used against any person by police personnel
(c) All incidents involving domestic violence
(d) All arrests
344.2.2 NON-CRIMINAL ACTIVITY
The following incidents shall be documented using the appropriate approved report:
(a) Anytime an officer points a firearm at any person
(b) Any use of force against any person by a member of this department (see the Use of
Force Policy)
(c) Any firearm discharge (see the Firearms and Qualification Policy)
(d) Anytime a person is reported missing, regardless of jurisdiction (see the Missing
Persons Reporting Policy)
(e) Any found property or found evidence
(f) Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy)
(g) Suspicious incidents that may indicate a potential for crimes against children or that
a child’s safety is in jeopardy
(h) All protective custody detentions
(i) Suspicious incidents that may place the public or others at risk
(j) Whenever the employee believes the circumstances should be documented or at the direction of a supervisor
#2 by Anonymous on April 19, 2017 - 7:25 pm
Wall of shame is more like it.