Anonymous has left a new comment on your post "Attn: Sheriff Mike Lewis & The Local Main Stream M...":
Anonymous August 19, 2014 at 1:04 PM - “At least Sheriff Lewis is a strict constitutionalist in public.”
That statement is pure crap. Sheriff Lewis and several of his deputies violated my First and Forth Amendment rights.
Below is only a portion of the complaint I filed with the Wicomico County Sheriff’s office (yeah right, do they even care, probably threw it in the trash).
Wicomico County Sheriff Deputy Corporal Howard Hatton Phillips proceeded to asked me to provide him with my identification. I informed the Corporal Howard Phillips that I had no identification with me; my wife informed the Corporal Howard Phillips that I had left my wallet home and didn’t have any ID on me. Corporal Howard Phillips repeatedly demanded (in a very terse manner) for me to show him my ID. I repeated that I didn’t have any ID with me. Then Corporal Howard Phillips asked “what is your name?” I informed Corporal Howard Phillips that I did not believe I need to tell him my name.
I then asked Corporal Howard Phillips if he could get any of his superiors to respond to the scene. Corporal Howard Phillips ignored my request.
Corporal Howard Phillips then ordered me to tell him my name or I would be arrested. He did not tell me that I am required to provide my name by law prior to being arrested. Corporal Howard Phillips handcuffed me saying “I am arresting you”. I asked “what are you arresting me for”? Officer Phillips did not tell me why I was arrested or what the charges are against me.
After being handcuffed, Wicomico County Sheriff Deputies began searching through my all of my pockets of the clothes I was wearing without informing that they were going to do so. I had just been placed into handcuffs as the Wicomico County Sheriff Deputies began reaching into my pockets, I asked / said “don’t you need a search warrant”. When being searched there were at least 5 or 6 Wicomico County Sheriff Deputies completely surrounding me and Officer Phillips was shouting at me.
The actions of the Wicomico County Sheriff Deputies were NOT one of merely “patting me down” for checking if I might have any weapons. I believe the Wicomico County Sheriff Deputies were looking for identification. The actions of the Wicomico County Sheriff Deputies was searching, pulling everything out of my pockets and even placing contents of my pockets back into my pockets.
The Wicomico County Sheriff Deputies began making arrangements for my transport to the sheriff’s office. With their hands on me, we walked over to a parking lot where they pointed to a police car and told me that is the vehicle they were going to be using.
They opened the rear passenger side rear door and began placing me in a position to be seated on the back seat. I said “hold on, wait a second” (because I have a prior and permanent injury to my right knee and wanted to be careful with getting into the car) and one of the Wicomico County Sheriff Deputies began yelling “I told you to get into the car, or I will TASER you.” I said “what? You’re going to taser me”? As I began to sit down, I said “hold on, wait a second, there is something in my back pocket.” The same Wicomico County Sheriff Deputy again yelled “I told you to get into the car, or I will TASER you.” One of the Wicomico County Sheriff Deputies reached in my back pocket and removed its contents. I then sat down onto the back seat of the police car.
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I'd love to hear the WHOLE story and what ACTUALLY happened.
ReplyDeleteIf you feel and have proof the officer clearly broke the law, eye for an eye.
ReplyDeleteTake matters into your own hands and defend yourself. When he least expects it. If your family was involved that makes his fair game.
Lewis isn't going to do anything about rogue officers as he is one himself. Nothing will change until these punks with badges or "mercenaries" start to feel the pain personally. Then and only then may they change their tactics.
anonymous 9:09, I firmly disagree. You hide behind anonymous and put up harsh comments every day on SBYNews. That being said, you have NO credibility. While I respect your 1st Amendment right, everyone knows those of you saying cops are "kops" are just a bunch of wussies who got arrested and you are now bitter.
ReplyDeleteMind you, there are plenty of bad cops out there but the overwhelming majority of good cops deserve to be respected.
Use your name, I DO. If I have a problem with ANYONE I'm man enough to say my peace and use my name.
As for what this person should do, they should go directly to Matt Maciarello. He is an honorable man and will see that justice is done.
Again, this is why I believe officers should be wearing cameras.
From this account, it is obvious there is more to this tale. What was the incident that led up to the interaction with the deputies? Seems if there were that many there, it must have been more than a casual run in. Maryland does require you to identify yourself to law enforcement when requested. Once the cuffs are on, and you're arrested, it is no longer a pat down, it is a thorough search.
ReplyDeleteYou were probably pulled over for doing something stupid. Then, even your story admits it, you were even MORE illegal for driving without a license. Then you refused to cooperate. The officer seemed to do his job pretty well!
ReplyDeleteI was not driving.
ReplyDeleteAugust 25, 2014 at 9:23 AM check out that you are wrong...
Google search “stop and identify”. State of Maryland does not have a law that requires a citizen to tell a police officer your name, Delaware does. It doesn't matter what I was doing when the police break the law of the land.
Seems to me if you're not doing anything wrong, you don't mind cooperating.
ReplyDeleteMike Lewis and his band are just like any other police agency, out of control and untouchable. Some of the "sworn" police officers need to review their training and reason for their jobs,
ReplyDeleteSince you weren't driving I'm not understanding why they wanted your name. My friend got a ticket for speeding on our way to a craft exhibition in OC. She got a ticket but the officer didn't care who I was. I'm not sure why I would have been asked for my name.
ReplyDeleteNeed to see the police report before I can make a decision or not. Everybody should hold judgment until the police report is presented for review.
ReplyDeleteDuring such incident as this, it is important for him or his wife or anyone else to video the entire time if they had a video phone. Know your rights!
ReplyDeleteThere is a more to this 'story' than what is being told. Frankly, you sound like a third grade student explaining to the teacher why you didn't have your homework. Grow up and tell the whole story.
ReplyDeleteyou made your choice when asked for ID.
ReplyDeletehey Joe, I have a clean record, former marine and I use the term kops all the time. so don't lump us all together. I seen to many incidents where the kops act just like this. However I am surprised that in this day and age his wife wasn't smart enough to pull out her cell phone and record the stop. everybody do yourself a favor when dealing with a cop be polite and courteous, however when you realize you are dealing with a kop pull out your cell phone and start recording.
ReplyDeleteI was being polite, handed my wife my smart phone, in the haste of the cops abuse, she thought she hit the video record but hadn't. A cop can ask anybody for their name - in Maryland it is unlawful for a cop to DEMAND your name. I was walking / not driving. No identification required to be on my person.
ReplyDeleteWhy were you stopped in the first place? A half-assed story doesn't add much to public awareness.
ReplyDeleteWe have a definite handicap in regards to rendering opinion on this issue that is a total lack of the incident report and the facts contained therein as well as the whole account from witnesses.
ReplyDeleteSomething smells fishy here and this criminal obviously broke the law at some point and now he is instigating trouble from the Deputy.
ReplyDeleteI am sure you deserved what was coming to you.
You knew you didn't have an ID so give the officer your full name. If you are clean he might just give you a small fine for driving without a license and send you on your way. Since this story smells I believe you had something to hide so you are trying to pin the deputy for violating your "rights."
Now I feel like I have to take a shower.
Maybe it wasn't his wife driving!
ReplyDeleteFishy fishy fishy fish!
ReplyDeleteNobody was driving, we were walking. There are reasons I don't post everything right now including not being able to post 300 pages of testimony. Remember this post because someday you will hear the whole story. I'm just getting all my ducks in a row before the major push to inform EVERYBODY the WHOLE story!
ReplyDeleteIf you are not driving, you do not have to carry ID with you or show it to an officer on demand in Maryland.
ReplyDeleteThat being said, failure to produce an ID when an officer intends to charge you with a crime will mean that the officer must make an arrest, and cannot simply give you a citation.
Police may give you a "pat down" if they have reason to suspect you have a weapon. You do not have to consent to such a search. If they go into your pockets, it means they think you have a weapon from the pat down. You can make 'em look bad in court by asking which coin felt like it could have been a knife. :)
If you are driving (look up "driving" and "motor vehicle" in Black's Law Dictionary for yourself and decide if that's what you do), you are required to give the officer your license, registration, and proof of insurance on demand.
Your best course of action is to be polite and shut up. If you don't like where the conversation is going, ask if you are being detained. If they reply with a "no," they can't keep you there. Leave calmly to deescalate. IF they say yes, shut up. Say nothing. And don't piss anybody off any more than shutting up will frustrate them. Don't get yourself caught in a lie...it's worse to lie than be charged with many crimes.
If the cuffs go on you, only state that you want an attorney. You must invoke your 4th amendment right to remain silent specifically in this screwed up world.
4:38 PM. You are absolutely correct. You are not one of the stupid ones that mouth off without knowing the truth! The point is by not telling the police officer your name, you are not violating any law. The police officer is breaking the law by making an arrest based solely for refusing to give the officer your name. And that is what happened. No ifs ands or buts about it.
ReplyDelete4:38: it's 5th Amendment right to an attorney, but generally you're right. Also, whoever this story's about: Once the cops arrest you, they don't need a warrant-it's called a "search incident to arrest" and they're allowed to do a search then.
ReplyDeleteWhile I respect your 1st Amendment right, everyone knows those of you saying cops are "kops" are just a bunch of wussies who got arrested and you are now bitter.
ReplyDeleteI disagree with you Joe and in my case I am not bitter cuz of an arrest. I may be bitter because of the things 'KOPS' do every day, and why myself and others make 'un-credible and harsh' statements every day.
As far as anyone using their real name on here, I think you should be smart enough by now to realize the backlash and subsequent targeting by kops.
Maybe you are left alone by these kops because they don't want to get 'blogged', but for some of us we don't have that luxury.
Personally, I started using 'kops' as a way to disrespect the kops who commit illegal, questionable and immoral acts.
ReplyDeleteEvidently, by others copying me, I must have hit a nerve and others starting doing the same.
You and kops think all of us have been arrested and are not bitter because of it?
This is not 1950 and the speech Jack Webb gave is not anywhere near relevant today.
I'm glad for you and anyone else who have always had pleasant and professional experiences with police. Not everyone can make that claim.
This happened over a year ago in a local park in Wicomico County.
ReplyDeleteYou are correct Corporal Phillips can not demand an id unless there is a complaint. In this case there was a complaint by a vendor at the park. Since there was a valid complaint first thing that is completed is identifying all parties involved. Md Judicary case search has the author pleading guilty........Shouldn't you have brought this up before pleading guilty in Wicomico Co District Court
I was at Pork In The Park that day. This guy claimed to be a govt. Official. Was drunk and so was his wife. You sir need help you are a drunk. Your wife is a a drunk. I am sorry at some point you had to be a good state employee. You alcoholism cost you a career. You drunks want to blame the world for your weakness. Get help sir you need it. Your wife as well apparently
ReplyDeleteJoe the guy was dead wrong anyone who knows Hal Phillips knows he is about as fair as they come.
Convicted and canned sorry loooser. Roam around our parks drunk again and try to get free cigars by extorting a vender. Drunken a-hole
ReplyDeleteAnonymous August 26, 2014 at 10:20 AM, August 26, 2014 at 12:39 PM & August 26, 2014 at 12:42 PM
ReplyDeleteI was wondering how long before the deputies would start posting comments. Hi guys. I can tell it is coming from you guys because you lack the ability to think logically.
First off, “Phillips can not demand an id unless there is a complaint.” That is an incorrect statement. I know because I was playing music (a little loud – not crazy loud) in my backyard; a neighbor complained and guess who showed up? Yes, a Wicomico County Deputy showed up in my backyard and guess what… he said “we have a complaint about how loud the music is” I informed him that I was only testing the outdoor music system.
He said he had a “complaint.” Yes it was a “VALID” complaint. Did he ask me for ID? NO, no & NO. Why not? Maybe because it wasn’t a *%#$ cop that didn’t DEMAND to know someone’s name? Maybe because after the incident with Corporal Phillips, Lewis counseled his thugs that Phillips did bad and not to do that again. The cop didn’t know who I was, didn’t ask. Before trying to answer that, try using logic, if you can.
A point of education here…
1. No warrant is required for a felony arrest in a public place, even if the arresting officer had ample time to procure a warrant, so long as the officer possessed probable cause that the suspect committed the crime. Felony arrests in places not open to the public generally do require a warrant, unless the officer is in "hot pursuit" of a fleeing felon (see Warden v. Hayden, 387 U.S. 294 [1967]). The Fourth Amendment also allows warrantless arrests for misdemeanors committed in an officer's presence.
Operative word is… MISDEMEANORS committed in an officer's PRESENCE.
2. No warrant is required for searches incident to lawful arrest. If a police officer has made a lawful arrest, with or without a warrant, the Fourth Amendment permits the officer to conduct a search of the suspect's person, clothing, and all of the areas within the suspect's immediate reach. This kind of warrantless search is justified on grounds that it allows police officers to protect themselves from hidden weapons that might suddenly be wielded against them. Accordingly, officers are only permitted to seize items from the area in the immediate control of the arrestee.
Operative word is… “LAWFUL”, not “unlawful”.
3. An officer who reasonably believes that criminal activity may be afoot in a public place is authorized to stop any person who is suspected of participating in that criminal activity and conduct a carefully limited search of the suspect's outer clothing for weapons that may be used against the officer (see Terry v. Ohio, 392 U.S. 1 [1968]). The officer may also ask for identification, but the suspect is under no obligation to produce it. This kind of warrantless search, called a Terry stop or a Terry frisk, is designed to protect officers from hidden weapons.
Operative word is… “MAY ask for identification, not “DEMAND”
4. The Fourth Amendment prohibition against unreasonable searches and seizures generally requires police officers to obtain a warrant based upon probable cause before performing an arrest. Intended to protect against unreasonable searches and arbitrary arrests, the warrant requirement has traditionally been strictly enforced to prevent violations of constitutional privacy interests.
Had enough education for now?
“Was drunk and so was his wife.” That is just plain funny. LOL
“Joe the guy was dead wrong anyone who knows Hal Phillips knows he is about as fair as they come.”
That is just plain funny too. Everyone (police officers that know Hal Phillips) keep telling me he is suffering from an inferiority complex condition.
“Roam around our parks drunk again and try to get free cigars by extorting a vender.” Its fun, you should try it. LOL! Thanks guys, glad to know I got your goat. Gotta go now, time to get drunk.
It looks to me like we have individuals out there starting trouble and then want the attention drawn to the technicalities of how the police, who are doing their job, make an arrest or diffuse the situation. What was the person that filed this complaint doing to even be in this situation? Looks like he/she has been watching too many youtube videos on how to work the system.
ReplyDeleteJoe Albero you need to get arrested and thowed up against a wall. I hope they handcuff you so tight that you suffocate to deth in the back of the copcar.
ReplyDeleteHey “Anonymous August 31, 2014 at 10:11 AM” A person(#1) asks a cop to go identify a person(#2) and report back to that person(#1) with the name of person(#2). Person(#1) does NOT believe person(#2) committed any criminal acts. Just wants to know who he is.
ReplyDeleteCop accost person(#2) and demands to see ID, person(#2) does not have ID on him(not required in Untied States of America). Cop then unlawfully demands person(#2) to state his name (Maryland does not have “stop and identify” statute, Delaware does – look it up). Person(#2) asked cop to get any of his supervisors to arrive at location (diffuse the situation).
Cop refused (failed to diffuse the situation) to get any of his supervisors. Cop makes unlawful arrest of person(#2). The cop is the one who is the trouble because either he doesn’t know what he is allowed to do or NOT allowed to do OR he just doesn’t care about violating citizens basic rights. Cop was NOT doing his job properly.
We do not live in a NAZI state. Maybe Sheriff Lewis thinks his county should be controlled by a NAZI mind set.
It looks to me like we have poorly trained cops out there creating trouble and ignore the technicalities of how the police, who are suppose to be doing their job, make illegal arrests and fail to diffuse the situation. What was the person that filed this complaint doing to even be in this situation? ANSWER = walking. Looks like cops need to be watching youtube videos for training and how not to abuse their power.
Hey Joe, I posted at 9:09.
ReplyDeleteMany of these supposed law enforcement officers are completely over the top control freaks. They are required to go to psychological counselling because they are abusive to everyone around them. I watched a state mercenary commercial division officer remove FOUR guns from his person before going to his counselling session just around the corner from your old building.
MANY officers are receiving treatment for mental illness, anger issues lack of self control.Many others NEED to be treated.
You are a fool not to see the writing on the wall.
Anonymous John Robinson said...
ReplyDeleteJoe Albero you need to get arrested and thowed up against a wall. I hope they handcuff you so tight that you suffocate to deth in the back of the copcar.
August 31, 2014 at 2:20 PM
You need to get an education.
9:09 above- you are so correct. There are good cops and bad cops - those that thrive on power. And many do thrive on power.
ReplyDelete