Porc 411: SPCA and Police en route to home in Candia NH

[drumnaked!]

I was on my own property. He was on the road and he stepped over onto my property to arrest me.

[MaineShark]

I was on my own property. He was on the road and he stepped over onto my property to arrest me.

File charges for trespassing?  He was clearly told that he was no welcome on the property, several times, on video.

Joe

[David]

The mental masturbation 'faceoff with the police fantacy's ' are just that.  It is not welcome on this forum.  It is hard enough to stand your ground with the police and wannabe police without the escalation of violence.  The camera is the number one tool we have to push the police back, use it. 

The Chief of Police is Mike McGillen. I talked to him face-to-face for about a half hour this evening at the polling place in town. He apologized for the incident and seems like he wants to do the right thing.

He is doing damage control, most probably. You should consider asking for a public apology from the offending officers. Making this more public helps discourage future retaliation.

I bet this is not the first incident of trying to scare young people with a handcuffed ride/kidnapping. I also wouldn't doubt the "Chief" is aware of the practice.

[dalebert]

The mental masturbation 'faceoff with the police fantacy's ' are just that.  It is not welcome on this forum.

What are you talking about? What's this in response to?

[Caleb]

I'm guessing he's talking about this:  http://nhunderground.com/forum/index.php?topic=15929.msg268564#msg268564

But the guy already apologized so I don't think there's any need to keep crawling all over his ass for one little comment.

[Kat Kanning]

The mental masturbation 'faceoff with the police fantacy's ' are just that.  It is not welcome on this forum.

What are you talking about? What's this in response to?

And why is David speaking for the rest of us anyway?

[jaqeboy]

What the hell? Why was the SPCA concerned about their horses? I presume they take good care of them?

We do.

This is similar to the harassment of Andy Tempelman of Milford a few years back - yes, Andy was a pro-freedom guy, too. I'm researching the articles in the Milford Cabinet newspaper to see if I can find the articles. I can put Coop, Beth or Brian in touch with Andy if they'd like to review it with him. He lives in Nashua now.

Jack

[jaqeboy]

Brad Jardis pointed me to this:—

105:18 Special Deputies. – Any officer or agent of any incorporated society for the prevention of cruelty to animals, upon being designated in writing for that purpose by the sheriff of any county in this state, may, within such county, make arrests and bring before any court or magistrate having jurisdiction offenders found violating the provisions of this subdivision.

So was this SPCA goon actually a government agent?

You'd have to obtain from the County Sheriff or the County Clerk a "true copy" or "attested copy" of their "written designation of authority" to that actor or possibly to that agency. You'd want to get a foil, raised seal copy for the dossier if you want to use that in an official oppression or threatening case. (Or they may not have issued one and he's just acting under color of law). You could also ask for the copy of that from the SPCA office, but the county would have the official public record copy. Would also want to get his badge number etc. for the dossier - "to consider what action would be taken in response to his threats." Sheriffs can deputize people to carry out acts for them - this statute appears to define a type of deputization.

We'll need to begin mounting civil rights investigations and beginning files on some folks to prepare for serious actions against them.

PS: Way to go Coop and Beth!

[jaqeboy]

He was at some point deputized. He's basically a private animal control officer with all the powers of a Sheriff.

HOWEVER: Being that's he's still acting on behalf of a private company, there may be alternate avenues of recourse should things get worse. I don't know the details, but it would seem that dealing with a private company would work differently than dealing with govt.

Mr. Sprowl told me that he was a cop for 25 years before joining the SPCA. He also said that he could be deputized by the sheriff, which would give him the ability to "detain and arrest citizens". He said that as if he was not under that situation now.

Ah, I posted too soon. So, the reason he called the cops was probly because he wasn't at the time deputized - right.

[dalebert]

What the hell? Why was the SPCA concerned about their horses? I presume they take good care of them?

I think this guy is going by the idea that he should be able to go on private property and inspect to see if any laws might be getting violated. It doesn't work that way. That's like saying the police can get search warrants on anyone to inspect their property and see if they're harboring illegal substances. This guy's ignorant of the 4th amendment.

[jaqeboy]

I was on my own property. He was on the road and he stepped over onto my property to arrest me.

With no charges being filed, I say start a Chip-In for legal costs and pursue false arrest [2nd ref] charges (criminal), false imprisonment and official oppression (criminal) and harassment (civil) - bet you could get donations from all over the country to help right this wrong. Take the offense & take no prisoners! (That might be false arrest  )

[lastlady]

I have to wonder, to get a warrant to go onto the property don't the police need some sort of proof that a warrant is needed? Something more than just the owner won't let us onto the property? 

And if a warrant is granted does it really mean they can search every part of your home, if the warrant was regarding horse shelter?

Of course I understand that they can do whatever the fuck they want to, but pretending for a second we were living in a nation of laws, I wonder what the "norm" is for this kind of thing.

I also wonder in this town who grants the warrant? Is it someone local?

[Kat Kanning]

I have to wonder, to get a warrant to go onto the property don't the police need some sort of proof that a warrant is needed? Something more than just the owner won't let us onto the property? 

Maybe that's why they haven't actually got the warrant.

[lastlady]

I have to wonder, to get a warrant to go onto the property don't the police need some sort of proof that a warrant is needed? Something more than just the owner won't let us onto the property? 

Maybe that's why they haven't actually got the warrant.

Well that and the fact that it went public and viral. It's interesting how different things are when the "public servants" realize they are being watched and critiqued by people who know the laws better than they do.

[MaineShark]

I have to wonder, to get a warrant to go onto the property don't the police need some sort of proof that a warrant is needed? Something more than just the owner won't let us onto the property?

"Some" proof is needed.  Of course, these are closed-door proceedings, so a cop can hire some actor to come in and claim to be your neighbor, saying that he saw you abuse your horse, and now there's a warrant!

And if a warrant is granted does it really mean they can search every part of your home, if the warrant was regarding horse shelter?

Warrants do need to be specific, to be Constitutional.  Not that they won't do it, but anything they find will usually be inadmissible, if the warrant was overly-broad.

I also wonder in this town who grants the warrant? Is it someone local?

Warrants are granted by judges.  Any judge with jurisdiction can grant a warrant.

Joe