Police invade Cotati home, no warrant, tazed occupants

[sharingwisdom]

I'm truly concerned about this kind of police state harassment coming into our local community. The Cotati police were called out to an apartment for a noise compliant by the neighbors. One of four police officers announces they will enter the home due to a domestic violence call as the persons inside the house yell back, “There is no domestic violence, just an argument with yelling,” and relay sections of the Fourth Amendment that dictate probable cause and a warrant be obtained prior to police entering someone’s home.

Around twenty seconds into the video, one of the officers is seen holstering either a firearm or a Taser.

The officer in charge next asks how many children are in the house, likely assessing the amount of psychological trauma that will soon be dealt out, before asking the persons inside the home why they’re not coming out, to which the person filming answers, “Because we don’t live in a police state, sir. Martial law has not been established in this country.”

Displaying utter disregard for the US Constitution, ignoring the person’s response, the officer tells the residents to get down on the floor with their hands behind their backs “because we’re gonna kick the door.”

What comes next is a chilling example of what could happen to anyone in any home in America if police are allowed unrestrained free rein. Although difficult to pinpoint exactly why police found it necessary to invade the person’s home and privacy, it can be assumed that the documented home invasion, constitutional violation and destruction of property would likely have never been brought to light if the person had not filmed the event.

As the police quickly holster their weapons after the camera turns on, the three occupants continue to exercise their rights non-aggressively. The police respond by going into "over-the-top" aggressive mode, utilizing excessive force by kicking in the door, assaulting the female and tazing the cameraman four times causing the camera to short out. All three occupants are arrested/cited for obstruction. Incident occurred on 5/10/2013.

[Barry]

Here's the video again. This is in Cotati. It's a chilling scene:

The PD has posted an article about this home invasion, adding the following:

[Chief] Parish said that a man and the woman were cited for resisting arrest and released. Another man, James Wood, 33, of Cotati, was booked into the Sonoma County Jail on suspicion of resisting arrest, Parish said. He bailed out and was released, jail staff said.

Parish would not comment on whether the tactics depicted in the video appear to be lawful and compliant with police department policy.

“We will have an administrative review to ensure that policy was followed,” Parish said. “I'm not going to comment before that is done.”

Cotati Mayor Mark Landman said he asked the chief to issue a statement about the video but would not comment on the incident while it is under investigation

[Karl Frederick]

This turns my stomach. A full and impartial investigation must be performed and shared with the residents of Cotati. In order for there to be mutual accountability and responsibility, the police force and the citizens need to be on the same page.

The PD has posted an article about this home invasion, adding the following:

[Chief] Parish said that a man and the woman were cited for resisting arrest and released. . . . .

[Roland Jacopetti]

I really think it's important for anyone who has the opportunity to view this footage to overcome any resistance they may have, and watch it. After watching it, I'd suggest the viewer just sit quietly and imagine yourself placed in that situation.

Roland Jacopetti

I'm truly concerned about this kind of police state harassment coming into our local community. The Cotati police were called out to an apartment for a noise compliant by the neighbors. One of four police officers announces they will enter the home due to a domestic violence call as the persons inside the house yell back, “There is no domestic violence, just an argument with yelling,” and relay sections of the Fourth Amendment that dictate probable cause and a warrant be obtained prior to police entering someone’s home.

Around twenty seconds into the video, one of the officers is seen holstering either a firearm or a Taser.

The officer in charge next asks how many children are in the house, likely assessing the amount of psychological trauma that will soon be dealt out, before asking the persons inside the home why they’re not coming out, to which the person filming answers, “Because we don’t live in a police state, sir. Martial law has not been established in this country.”

Displaying utter disregard for the US Constitution, ignoring the person’s response, the officer tells the residents to get down on the floor with their hands behind their backs “because we’re gonna kick the door.”

What comes next is a chilling example of what could happen to anyone in any home in America if police are allowed unrestrained free rein. Although difficult to pinpoint exactly why police found it necessary to invade the person’s home and privacy, it can be assumed that the documented home invasion, constitutional violation and destruction of property would likely have never been brought to light if the person had not filmed the event.

As the police quickly holster their weapons after the camera turns on, the three occupants continue to exercise their rights non-aggressively. The police respond by going into "over-the-top" aggressive mode, utilizing excessive force by kicking in the door, assaulting the female and tazing the cameraman four times causing the camera to short out. All three occupants are arrested/cited for obstruction. Incident occurred on 5/10/2013.

[ladybug5]

Those bastards! Thank God for video. I started to watch this with an open mind,, thinking maybe the
police thought there was somebody being hurt that they needed to protect. We need protection from
the police. Can't even have an honest argument in your own home..

[bodegahead]

Wow, that does not look very good

[forveterans49]

Yes, the police are way out of control but that is nothing new. Remember during the Bush/Cheney years Blackwater was training different police stations across the country and this is very scary. The police are not going to like it one bit when citizens decide they aren't going to take their crap any longer.

[sharingwisdom]

I also wanted to add that one of my favorite Internet newcasters, Abby Martin of 'Breaking the Set', reported about not only this Cotati incident but about police crimes and brutality happening daily. https://www.youtube.com/watch?v=m8pRzT8gUl0 (start at 2:20 to 5:42)

The Cato Institute posts these nationwide police misconduct and brutality occurrences on their site at www.policemisconduct.net

[rossmen]

the police are empowered to assume that a domestic violence call is "probable cause", so yes they can bust down the door without a warrant. i don't mean to excuse them, they looked confused by the occupants attempt to educate them on constitutional law. they could have asked another question, "how many adults are in the home"? and followed it up with their needs, "we need to talk with every adult individually, inside or outside the home to make sure they are alright." i don't think a claim by the occupants will get very far despite this disturbing video.

and i think tasers are just a more lethal version of waterboarding, legalized torture used indiscriminately.

also i will always struggle to deal with the police decision to successfully defend the cap on intelligence for police recruits. this is a difficult position in society which needs applicants who can make complex decisions in a short amount of time.

[alanora]

This police behavior is sickening and awful. Not far from the ex-marine in his NY apartment in his underwear who was murdered by the police after accidentally setting off his lifealert.....They broke in his door too.....

the police are empowered to assume that a domestic violence call is "probable cause", so yes they can bust down the door without a warrant. i don't mean to excuse them, they looked confused by the occupants attempt to educate them on constitutional law. they could have asked another question, "how many adults are in the home"? and followed it up with their needs, "we need to talk with every adult individually, inside or outside the home to make sure they are alright." i don't think a claim by the occupants will get very far despite this disturbing video.

and i think tasers are just a more lethal version of waterboarding, legalized torture used indiscriminately.

also i will always struggle to deal with the police decision to successfully defend the cap on intelligence for police recruits. this is a difficult position in society which needs applicants who can make complex decisions in a short amount of time.

[cotatikid]

Who called the police and said that there was "domestic violence" (DV) occurring? It will be illuminating to hear that call.

Simultaneously with the police contact at this location, and before any non-warranted intrusion, the close neighbor who called 911 must be "de-briefed," insuring that the call is legitimate and requires a response commensurate with an actual DV incident. If the neighbor's call was an over-reaction that didn't rise to the threshold required to be truly DV then an apology and standing down are easily, and professionally tendered. End of story...

This is where the situation becomes sticky. Since the call wasn't made from within the home the Cotati Police attacked, and the police used the bogus domestic violence call as the reason/pretext to perpetrate actual brutal violence, their legal basis for this home invasion and violent confrontation is problematical at best.

The possible flawed personality of a resident, alleged elsewhere by possibly the same person who called the police, doesn't excuse any of the police perpetrated "over-the-top" violence, including breaking down the door, the assault and battery of all of those inside and using the sometimes lethal taser on any occupants. Or arrests made to cover-up and rationalize their errors. Shame on these police!

Completely unnecessary, and ridiculously violent reaction by police that today believe that they have the power to do what they want to any of us whenever they desire.

Protect and serve? Who? You or me?

NO! Today we are prey, and the police are the predators armed and armored, with itchy trigger fingers! They are now tasked with keeping us in order, they are on the front lines of the corporate controlled governments war on dissent. Their task, among others, is to instill the fear/terror so we can be more easily controlled.

How is that working so far? Amazingly well in the USA! In the rest of the developed world, not so much. Elsewhere the people would be in the streets when they are being exploited and abused by their government.

That is what (was once) OUR government is terrified of, that the people will soon get so frustrated by the nations downward spiral, the loss of our civil and human rights while the wealth only we created is funneled into just a few "pockets," we will be in the streets ourselves agitating for changes.

[sylviawrath]

Well, there's the disturbing video displaying police brutality and misconduct (unnecessary use of force, at the least)... and then there is how I felt when I learned that the police were responding to a domestic violence call. The idea that the police would respond to a domestic violence call in this insensitive and violent manner is APPALLING (if that does in fact prove to be the case, and not just an excuse created post-incident, which I am also suspicious of). If the police believed that domestic violence had or was occurring in this home, how could it ever be the appropriate response to TAZE the potential victim? - increasing the violation and injury to that woman. Or did they have strong reason to believe that she was the perpetrator? That seems unlikely, and it still does not justify the violent response to a complex situation like domestic violence in a home, especially when kids are present. It does not make sense. I agree with other posts demanding an investigation. I also think it's worth probing into if these officers have had training in responding to a DV call. They did not come across as the least bit sensitive, compassionate, or competent. How can they possibly justify these actions given the context? It's completely outrageous. My heart goes out to this family, and I hope they are able to find peace and safety in their home.

[Malene Rander Comes]

Ok, I am NOT going to defend the police, I too think they completely over reacted and see no legal reason for them to enter the house. Clearly, the woman was safe at that moment. They could have left an officer on the scene while more fully investigating the DM claim. They could have also called a Sr. Officer on the scene who might have more experience in talking with people and assessing the situation.

I am going to add another side of this discussion though. There was a complaint of possible domestic violence, and that MUST be investigated. I would have been at least as upset if the police had left the premises without fully investigating the potential for DM. In cases of true DM it is not enough to hear the possible victim claim that it didn't happen while standing next to her alleged perpetrator.

I think it is completely reasonable for the police to speak with the couple separately inside or outside of the apartment as they choose. Apparently the couple were loud enough that someone got worried about DM, and for that reason I think the couple were extremely wrong in not having the ten minute conversation with the police that it would have taken to clear this case up. Seriously, they had children in the house, why on earth risk scaring the day lights out of the children on something so silly as to not take a ten minute conversation with the police. It is not equivalent to a "police state", when the police asks to make certain that a woman is safe following a particularly loud fight.

Now, the police had other options than to break down the door, and they should have used those options, but they couldn't leave without investigating. Given that the couple had had loud fight I also feel that the couple is completely wrong in pushing the police to use additional man power on interviewing neighbors, family, friends and probably the child who is still outside, to make sure the woman is safe.

So Yes, the major fault is with the police, they abused their power. Clearly, they were not very well trained, and we have the right to set the standard higher for our law enforcement officers. But the couple are not innocents in this, not bya long shot.