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2011 06 07

THE ACCUSED:
         Well, sir, I live in Faust, about three to four blocks east of here. I was going to a residence in Faust, about three or four blocks that way from here. As I came down the road here, there was a police vehicle parked at Birch Avenue, which is just the second street from there, and I turned left there. I went up towards the school there and I observed that the police vehicle turned around and followed me, and as I was in an area called the flats in Faust, I was pretty close there and the flashing . . .

THE COURT:
         Just come a little closer here because I cannot hear you very well.

THE ACCUSED:
         Yes, sir. And as the flashing lights went on and I stopped -- and it was a well-lit area -- and I rolled down my windows and I expected the officer to come up to my window and explain to me that he was stopping me for a check or because he had been -- reports of impaired drivers or something like that. Nobody came and I exited the vehicle and turned around and the officer exited the police vehicle, and in a very loud and commanding voice ordered me to sit in my vehicle, and my first reaction was that this was arbitrary and unreasonable. We were in a well-lit area, so I asked, Why?
         And the police officer was immediately in a sort of a full intimidation mode. He approached me and demonstrated on my person that he remembered some arm holds from police school, you know, the wrist and the thumb and then he faced me against my vehicle and he put my arm behind my back and told me to stop resisting, to which I replied, I'm not resisting. And he told me again to stop resisting, to which I replied again, I'm not resisting. I was not belligerent verbally in any way. I was not making no physical gestures. Then he put one hand behind my back and he put a handcuff on me. He put -- he told me to place my other hand on my head. I -- at the time I thought, you know, what if he asks me to pat my head and rub my tummy at the same time, but I didn't want to escalate the incident so I did what I was told. Then he put my other hand behind my back and handcuffed me, told me he was putting me under arrest.
         He put his hands in my pockets and removed the items from there. I was -- did not consent to that. Then he placed me in the back of the police car in handcuffs. I observed that he went to my vehicle, opened the door, looked all around in there. He made some radio calls, you know, to dispatch and I was sitting in the back of the police car, he was in the front. I asked him what he was being -- what I was being charged with. He did not reply. I asked him again what I was being charged with; he did not reply. I asked him a third time what I was being charged with; he did not reply.
         Then he said I was being detained in an investigation. Another officer showed up at the time, you know, I guess -- you know, as a backup. He phoned in that he had a subject that was resisting, I imagine, and that was the circumstances of the incident. And as a -- I was then released and he wrote me up the three tickets and, indeed, I did not have those documents with me. I had them at home. It wouldn't have taken me very long to get them. He asked me why I didn't comply with his order. I thought it was arbitrary and unreasonable. We were in a well-lit area .. I do not pose a threat of any sort. I did not intend any harm to the officer.
         So I would like to ask the court that -- I'm not sure if this is appropriate, sir, but I would like to ask the court to direct the police that the principle of reasonable and probable grounds should always be paramount. It was, to my understanding, there was no -- it was arbitrary and unreasonable. When I received the tickets, I noted I was not being charged with disobeying an order. I was not cited for any traffic violations or equipment failures or anything like that, except for these three tickets. I'm -- I'm hoping that -- that my feelings were right, that you know, I don't have to comply with an arbitrary and unreasonable order and I just see that as a, you know, $500 fine for talking back and it's a very unhappy circumstance that I'm here, and I think it's just unreasonable on the part of the officer to act in that way towards me.
         That's all I have to say, sir.
         I don't want to make a complaint. I just don't like to see this happen, sir.

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