Settlement costs Denver $8500.

[thexrayboy]

http://www.thedenverchannel.com/news/13344028/detail.html

Text of story.

DENVER -- Asking a police officer for his business card landed a man in jail, and now, the city will pay that man $8,500 and train officers that's it's OK for citizens to ask officers for their ID, according to a tentative settlement announced by the American Civil Liberties Union of Colorado.

Richard Rosenthal, the independent monitor for the city of Denver, said that the original complaint about Evan Herzoff's arrest was sent to police internal affairs.

According to the ACLU, Herzoff was walking home April 8, 2006, when he saw police arresting an individual. He filmed the arrest with a small camera and was approached by Officer Jeffrey Morgan, who asked Herzoff for his identification.


Morgan examined Herzoff's ID and was told he was free to leave. When Herzoff asked Morgan for his business card, Herzoff was handcuffed, arrested and forced to spend a night in jail.

Morgan cited Herzoff, a volunteer for Copwatch and a student at the University of Denver, for trespassing. The charge was later dismissed.

ACLU attorney Taylor Pendergrass said the training bulletin for police would now state that no retaliatory action is to be taken against citizens based on a request for an officer's identification.

Jaimie Wynn, an assistant Denver city attorney, said the payment and agreement must be approved by the City Council.

Rosenthal said disciplinary action was taken against the officer after the incident was reviewed by police commanders, the police chief and the manager of safety.

Rosenthal said he is prohibited from saying what that discipline was.

So no retaliatory action will be taken against citizens for asking for ID. That statement implies that there are other instances where retaliatory action would still be allowed. I find that disheartening. The police exist to do a job, not retaliate. If you break a law you get arrested, if you break no law they do nothing. Should be that simple, apparently it isn't.

 

[Autolycus]

At least the city paid something. I have a feeling this would have had a worse outcome had this been done in Chicago.

Either way it is nice to see young people fighting for their rights with organizations like Copwatch. And once again I am thankful for the ACLU. I think I will have to join their organization when I have some extra money as they seem to be fighting hardest to protect our rights (well except the 2nd but with enough pro-gun people that could change!).

 

[pacodelahoya]

If you break a law you get arrested, if you break no law they do nothing. Should be that simple, apparently it isn't.

power corrupts

 

[Mumwaldee]

power corrupts

Yeah, but we need the electricity!

 

[ilbob]

why is this guy still employed?

 

[Kali Endgame]

I'd call Shenanigans(sp), but there is a tape to back up this guy's claim. I want to see the tape.

 

[foob]

ACLU attorney Taylor Pendergrass said the training bulletin for police would now state that no retaliatory action is to be taken against citizens based on a request for an officer's identification.

Thought that would be extremely obvious...

 

[larry_minn]

Of course there is lots of info NOT here. IF (I repeat IF) He was told "You are free to go" and he (in a almost polite manner) asked for Officers business card/badge number and got arrested/tossed in jail there should be more serious results.
How many of you would be ok being arrested, cuffed, hauled to jail and spend the night for $8500. I wouldn't care to.

 

[Sage of Seattle]

How many of you would be ok being arrested, cuffed, hauled to jail and spend the night for $8500.

*raises hand*



Sorry, but I'm so broke, I can't even pay attention...

 

[larry_minn]

Sage of Seattle "raises hand"
You do realize what this will all entail? The Officer is likely rather mad at you (unlikely to be friendly) You will get cuffed behind (let me tell you it is uncomfortable in the back of a squad esp if they have hard plastic seats instead of factory) At the station you loose all your possetions. From wedding ring to shoe laces. (Depending on institution) You get wonderful pictures taken/fingerprints and then the strip search. All your cloths are gone thru again and at some places you get to bend over (and not for prostate exam) It might be more likely for someone the Officer tells them in troublemaker.
Assuming they skip strip search/body cavity search. I know I would be VERY scared/worried during all this. Lots of bad stuff could happen.
Then you get stuck in a cell. Often not alone. Many of the folks already there have BTDT. They likely are NOT as scared/upset as you. Some may not be nice folks.
So lets say none of the (really bad) stuff that I hinted at happened. You were treated fairly, not humiliated, cell mates (if any) were fine and you got home next day.
It would appear as a arrest. Stuff like that has strange way of being hard to delete. You would likely want to hire a lawyer. They are not cheap. They next few days you would likely be distracted/mad/upset/etc. Some people would tell (inflated) stories about what happened/why/etc. It is possible yrs later when pulled over and Officer runs your lic this arrest might STILL come up.
I knew a gent who was riding ATVs in area he was not suppposed to. When Sheriff showed up he tried to run. Couple squads got stuck and he gave up finally. EVERY time after that he got contact with LEO he got tickets. The minute they saw "resisting/evading/etc" the idea of a warning died.
I have always been on the good side of jail/prison bars and plan to stay there.

 

[Prince Yamato]

Here's a novel idea, don't be a jerk to the cops.

 

[foob]

Here's a novel idea, don't be a jerk to the cops.

He sounds like a jerk. But asking for identification from a cop is not being a jerk. There's a lot of rapists+murderers that pose as cops and pull women over.

For $8500 profit I may not mind. But he had to pay his lawyer and likely wasted a lot of time. That $8500 doesn't sound too tempting any more. And an arrest record that takes a lot of effort to expunge.

 

[joab]

How many of you would be ok being arrested, cuffed, hauled to jail and spend the night for $8500. I wouldn't care to.

I would and yes I know full well what it entails without having to rely on my imagination

The minute they saw "resisting/evading/etc" the idea of a warning died.

You didn't say that we had to be convicted in order to collect

one of my charges was intimidation of a LEO and I have never gotten a ticket since then, you think they have a log on me and are scared, that would be really cool because that original cop didn't seem impressed at all

 

[Autolycus]

It could be that the man wanted to settle and the ACLU's attorney had to obey his wishes. I would consider settling for it if it seemed less of a hassle. But we do not know the full details of the story except that the cop was wrong.

 

[pacodelahoya]

Here's a novel idea, don't be a jerk to the cops

Hold on a minute there Prince. This guy was doing nothing illegal, just videotaping an arrest. The cop comes and asks him for his ID.(why?) I think the cop was being a jerk and trying to intimidate him. When the guy asks the cop who he is IE for a buisness card, he gets arrested? Apparently the Da agreed that the cop was being a jerk as the guys charges were dismissed.

Just possibly, some Cops need to stop being jerks. The lack of professionalism slays me. Any other job you treated people that way you would lose it. Yea, I know, I never walked a beat

 

[Autolycus]

Prince Yamamoto: How about police dont be jerks to the citizenry? All the kid did was ask for ID to verify that the officer was who he said he was. As well as to protect himself and other cops from the behavior of the cop in question. This young man was only doing it because he wants to go home at night...

 

[Deanimator]

ACLU attorney Taylor Pendergrass said the training bulletin for police would now state that no retaliatory action is to be taken against citizens based on a request for an officer's identification.

Thought that would be extremely obvious...

You'd think it'd be fairly obvious that:

You don't run a torture chamber.
You don't beat up females [half your size], on OR off-duty.
You don't threaten to plant drugs on people for reporting you beat them.
You don't shoot unarmed, unthreatening people in the head.

All of the above have been quite obscure at various times to the Chicago PD.

 

[ZeSpectre]

This is SO WEIRD to me. When I was an LEO we were required to carry little business cards that listed our last name, badge #, desk phone, supervisor's desk phone and direct dial for central dispatch.

We gave them out when we needed people to call us back and we gave them out whenever someone even hinted that they had a complaint (along with the well drilled line "if you believe you have been treated unfairly here is a card with my information and my supervisor's contact information and you may feel free to lodge a complaint".

 

[Titan6]

19 posts and no one has said it.... Must resist the urge.... Can not help myself...

"BADGES? WE DON't NEED NO STINKING BADGES......"

There I said whew, feel much better now.

 

[WeedWhacker]

False arrest is a misdemeanor. According to the story's details, the arresting officer should be in jail.

Kidnapping is a felony.

What? "Equality under the law", what?