Should DWI Checkpoints Be Allowed in New Mexico?

July 25, 2016 by Leave a Comment

The New Mexico Court of Appeals recently ruled that police sobriety (DWI) checkpoints are constitutional as long as the police “try” to publicize it. They keyword here is “try.”

In 2013, the New Mexico State Police sent a notice of their DWI checkpoint to a nonworking email address at a small radio station. Obviously the “notice” was never publicized.

According to the Albuquerque Journal, Albuquerque police DWI Sgt. Kyle Curtis said in a statement, “What the media does with the press release and or the media release is out of our hands.”

That statement is just ridiculous. The New Mexico State Police (and other Departments) know what they are doing. The Court of Appeals ruling will allow Departments to “try” and publicize notice in the most obscure ways possible.

I am not condoning Driving While Intoxicated in New Mexico. I cannot and will not condone drunk driving. DWI has destroyed far too many lives. If you must drink, have a designated driver or call an Uber to pick you up.

On the other hand, I cannot and will not condone illegal search and seizure. The Police are public servants and should be required to make a reasonable attempt to uphold the constitution. There should be a reasonableness test required when attempting to “publicize” the sobriety checkpoints. That seems like a fair requirement for Police Departments.

In the end, it may not matter one-way or the other because the Court ruled, “a lack of advance publicity, without more, is simply not sufficient to find that a DWI checkpoint constitutes an illegal seizure.”

I guess we will have to wait and see if the New Mexico Supreme Court decides to hear the case. What do you think about this case or DWI checkpoints in general?

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APD Officer who Killed Mary Hawkes was highest paid officer in 2013 (and 3 other crazy facts about the APD)

November 30, 2014 by Leave a Comment

tyranny-montesquieu

Ladies and Gentleman, something is truly screwed up in Albuquerque (and the rest of this country). After reviewing the City of Albuquerque’s top 250 salaries in 2013, I have come to the conclusion that crime really does pay off (if you can hide behind a badge while doing it).

I was stunned to discover that the police officer that murdered 19-year-old Mary Hawkes was the highest paid police officer in the city in 2013. Here are 4 crazy facts about the Albuquerque Police Department that may blow your mind:

 JEREMY DEAR

  1. Officer Jeremy Dear is the highest paid police officer on the force. He earned (stole) $118,641.17 in 2013. (UPDATE, Officer Jeremy Dear was fired from APD on 12/01/14)

This is THE Officer Dear who was on the scene when Officer Sean Wallace shot and killed an    unarmed, 22 year old Alan Gomez. He was caught giving conflicting details of the incident.

Oh yeah… Officer Dear is also the one who shot and killed 19-year-old Mary Hawkes. She was shot 3 times in a downward trajectory and had multiple blunt force injuries. (no lapel video available)

Officer Dear has also had several excessive force complaints in which no video is available because his lapel camera malfunctioned

RUSSELL PEREA

  1. Officer Russell S. Perea was the highest paid employee in the entire City of Albuquerque (I did not include him as the highest paid officer because he was not on the force in 2013). He pulled down a total of $154,169.16 in 2013. (Back pay for time missed)

Officer Perea was fired in 2011 because he was deemed to be “untruthful” about his activities and   conversations with Officer Levi Chavez on the night Officer Chavez’s wife was murdered. (A court recently ruled that Officer Perea should be reinstated)

 

  1. Sergeant Daniel Carr made $106,900.59 in 2013.

Sergeant Carr was involved in a case where he followed a stripper’s boyfriend and arrested him for DWI. (According to reports, Sergeant Carr was infatuated with the stripper and wanted to get rid of the boyfriend)

Sergeant Carr has also been reprimanded officially several times, missed court, and been involved in 3 accidents. He has been flagged by APD’s Early Warning System.

MONEY WASTED

  1. 17 members of the APD made more than $100,000 in 2013 (12 of them made more than Mayor Berry’s $103,854.40)

 

These are just a few of the strange facts about the $100,000 Club. One Officer on the list has a current civil rights case against him; 2 Officer’s have been involved in shootings; one Officer was in an accident that cost the City $75,000; and another Officer refused to consider creating stricter policies against officer’s who give false statements (after the Boyd shooting).

It is simply amazing that taxpayer money is wasted like this. How can these people earn 6 figures? Something needs to change!

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Why is My Little Girl Afraid of the APD?

August 15, 2014 by Leave a Comment

vigil

Dear Readers,

My heart is torn to pieces. Tonight I attended the candlelight vigil held in solidarity for the brave people standing up against police brutality & racism in Ferguson, Missouri. I had planned on writing a post about the event to make sure that it was accurately recorded for the future.

BUT…

I experienced something very painful and heartbreaking. After listening to Jonathan Mitchell’s father discuss the pain of losing his child, I looked at my daughter with wonder. I could not imagine losing her.

cops

After he spoke, my daughter ran down from the steps and sprinted towards me with a look of complete terror in her eyes. My wife and I were stunned and did not know what was happening.

She ran in between my wife and I and looked up at us with tears in her eyes. We asked her what was wrong. She said:

“The police are here and they have ambulances with them! Are they going to hurt us?”

I didn’t know what to say. I attempted to reassure her that we would be fine and that we had a right to be there. I said that she should never be intimidated by the police or anybody else. I told her that I would not take her somewhere dangerous.

She seemed to calm down and went back to playing and participating in some of the chants.

undercover cop

As we left the vigil, we noticed somebody standing outside of a car parked near ours on the corner of Roma & 5th. He was a dark haired gentleman with a goatee. He had a badge on his belt and was taking pictures of the vigil from afar.

My daughter noticed him and asked why the police wanted to take pictures of everybody. What do I say to that? It is just so difficult to give her answers that make sense.

While the police in Ferguson attack innocent people, the APD attempts to intimidate us. How do you tell your little girl that she should feel safe? Isn’t that what a daddy is supposed to say?

candlelight wall

I cannot live in a world where we must fear those who are hired to protect & serve us. My daughter and everybody else deserves to live without fear. I stand in solidarity with Ferguson.

As the speakers at tonights vigil said, we cannot allow the momentum to fizzle away. We need to be loud and strong. Our children need a better future. That is our right! Stand up and fight back!

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URGENT: Stop the APD/NRA Shooting Competition September 13-18

August 8, 2014 by 2 Comments

lawbanner

What do you get when you mix the Albuquerque Police Department, the NRA, and a city with the highest per capita police shooting rate in the country? You get the 2014 National Police Shooting Championship held in Albuquerque, New Mexico (September 13-18,2014). That’s right folks…New Mexico will host police officers from around the country and allow them to show off their shooting skills.

What a great idea! Let’s highlight police shooting in Albuquerque. On top of that, how about letting some of our famous shooters compete in the event. There is a rumor that APD Officer Sean Wallace will be representing our great city in this national competition.

Who’s Officer Sean Wallace? He is the shooter responsible for 3 shootings since 2010. One of those shootings included the killing of 22 year old Alan Gomez. Mr. Gomez was sentenced to death by Officer Wallace because he held a spoon in his hand. The killing of an unarmed man cost the City of Albuquerque $500,000.

The event boasts (link to document):

“Well once again its time for the National Police Shooting Championships and we invite you to join us for days of shooting challenges, lots of fun and a chance to meet fantastic law enforcement professionals from all over the United States and international shooting team members.”

Is Officer Wallace one of these “fantastic” law enforcement professionals that they speak of? Is practicing shooting supposed to be fun for cops? Sure, I get it… shooting is a sport and these professionals want to show off their skills. But is that really appropriate? Why doesn’t the law enforcement field highlight professionals who end conflicts without having to shoot somebody? How about an award for that? Well, I doubt the NRA, Smith & Wesson, or Beretta (competition sponsors) would really want that. They want bullets to fly and people to die. That’s how they make BIG money.

NPSC Photo

Since my idea of honoring nonviolent police officers will probably never happen, what should we do? Well, let’s begin by boycotting the hotels that are hosting the event. The host hotel is:

Fairfield Inn University, 1760 Menaul Blvd N.E., Albuquerque, NM 87102, (505) 889-4000

The event will also hold classes at:

Crowne Plaza Albuquerque, 1901 University Blvd NE, Albuquerque, NM 87102, (505) 884-2500

The actual competitions will be held at:

Shooting Range Park, 16001 Shooting Range Access NW, Albuquerque, NM 87120, (505)836-8785, tpohl@cabq.gov

Oh yeah, please do not worry about the safety of hotel guests. Although they are around trigger happy cops who like to play with guns, the competition has strict rules to protect the innocent people in the hotels. The host hotel info sheet says:

“An accidental discharge at the hotel or parking area or anywhere at the NPSC Range Facilities MAY result in the disqualification of a competitor…”

I am glad that they “MAY” be disqualified for an accidental discharge in the hotel. That should make everybody feel safe that there “MAY” be some consequence for firing a gun near innocent people.

All joking aside, we must do something to show the APD, NRA, and elected officials that this type of event is unacceptable in Albuquerque, in New Mexico, and in the United States. The “shoot first” militarized mentality of our law enforcement professionals needs to change. They are here to serve and protect… not shoot and murder.

Call, write, email, protest, and make your voice heard around the world. This is a disgusting competition that highlights everything that is wrong in law enforcement.

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Remember the 1980 New Mexico State Penitentiary Riots

August 6, 2014 by Leave a Comment

I am a major believer in the quote, “Those who do not remember the past are condemned to repeat it.” I am posting a documentary about the 1980 New Mexico State Penitentiary Riots. Take some time to watch it if you can.

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Why Does UNM Love Drunk Drivers and Money?

August 5, 2014 by Leave a Comment

c01_jd_26jul_saavedra-120x120

Does the screwed up moral compass of UNM bother anybody else? UNM President Bob Frank was “saddened” when the UNM lobbyist, Marc Saavedra, who has endangered the lives of multiple people by getting behind the wheel of a car drunk, was arrested and charged with his 3rd DWI. On flip side, he believes that a faculty member, Prof. David Correia, who stands up for the rights of people facing abuse by the Albuquerque Police Department, is not in line with the high standards expected of UNM faculty.

What is wrong with this world? President Frank was so upset by Prof. Correia’s actions that he said the university will “monitor” the situation. Maybe he should have monitored the high paid lobbyist ($156,000 per year) who promised to seek help and quit drinking after his 2nd arrest in 2006. Maybe he should have monitored that same lobbyist after he ran away after he refused to pay $28 for a taxi ride for him and a lady friend.

So why would President Frank speak so highly about Marc Saavedra and be “truly sorry” to see him resign? Probably because he was effective at bringing in big money from the state legislature. UNM Regent Jamie Koch said that Saavedra would be “hard to replace” because he knew more about state finance and how the legislature works than anybody. I guess “high standards” are not expected of UNM lobbyists if they know how to get money for the university.

This situation highlights the degraded mission of higher education. A professor who walks the walk is frowned upon for being “radical” and not worthy of praise. That is because he does not bring in the money that Saavedra does. Prof. Correia gets news coverage that corporations and state legislators are afraid to associate with. Although he was doing something honorable and respectable, it threatened the money supply of the beast. On the other hand, drunk driving and stiffing a taxi driver out of $28 is acceptable as long as Saavedra keeps the money flowing.

In the end, Marc Saavedra resigned from his position while Prof. Correia received tenure. The outcomes were both exactly the way they should have been, but the fact remains that UNM has some really screwed up morals and is guided by greed.

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NM AG Gary King Protects Animals But Ignores Humans

April 25, 2014 by Leave a Comment

Horse Meat

Yesterday, New Mexico Attorney General Gary King gave a speech about horse slaughter at the University of New Mexico School of Law. Although horse slaughter was his main focus, he addressed another interesting issue that rarely gets attention. He spent time discussing his Animal Protection Task Force (APTF). The APTF is a wonderful idea to help animals, but I wondered why there isn’t a task force to help the under-represented and homeless population (humans) called the Human Protection Task Force.

The APTF is a group of volunteers who gather together to think of policies that will address certain issues pertaining to animals. AG King said that, contrary to popular belief, the APTF does not actively seek out animal cruelty. He stated that he “does not sit in his Machiavellian tower in Santa Fe and reach out to stomp on the civil rights of people with his APTF.” He acknowledged that the APTF has very little authority. They cannot go to local authorities and demand that they make a “bust”. The only authority that the APTF has is through smart drafting and policy making.

AG Gary King went on to say that he has “generated quite a bit of controversy as AG because he has attempted to enforce laws that have never been enforced.” He mentioned the horse doping laws that he has enforced.The AG also acknowledged that they are working on a proposal to make animal cruelty part of the Domestic Violence Act.

The APTF does an admirable job. It is fantastic that they give a voice to the voiceless. But what about the humans who cannot speak for themselves? What about creating a Human Protection Task Force (HPTF)? The HPTF could develop policies that would prevent human cruelty and neglect. The Task Force would seek to punish those who are charged with protecting, serving and caring for the people who neglect or abuse people. It would seek out people who are starving, sick, or homeless and develop policies to correct the problem.

The HPTF would  also look for instances in which people are abused or killed by the people in charge. The Task Force would hold those individuals accountable and demand a change. The HPTF would enforce laws and regulations that are currently in place, but ignored.(Like AG King claims to do for animals)

AG Gary King could prove that he is controversial and knows how to use the bully pulpit. He could demand that organizations like the APD comply with IPRA request for lapel camera videos. He could make sure that Police Chief’s do not ignore policy and use their position to secure a job after retirement. He could investigate why Taser Corp, which develops a cruel product that is used to abuse humans, received the largest contract ever from the City of Albuquerque and APD Chief Schultz.

There would be a lot of wonderful applications for a Human Protection Task Force. We could make abusing humans as appalling as abusing puppies. Every living creature, including humans, needs a voice. AG Gary King could be that voice for the People if he would just use his bully pulpit properly as he claims to do.

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