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Post by fiberisgoodforyou on Feb 16, 2008 2:34:09 GMT -5
Fiber, according to NJ law, an officer is not required to immediately tell you the reason for being stopped.You are required by law to provide your license, registration and proof of insurance first. During a stop like this one, apparently an active investigation, you are not entitled to be told the reason for the stop. Found that on NJ Atty General web site.It also states that failure to provide the documents upon officers request constitutes Obstruction of Law. Please post the urls from the NJAG site. The officer must have “probable cause” (a good reason that criminal activity or traffic violation is happening) to stop the car, but they may stop the car in a routine stop In United States criminal law, probable cause refers to the standard by which a police officer has the right to make an arrest, conduct a personal or property search or obtain a warrant. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. It is the basis for an investigatory or Terry stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be, engaged in criminal activity; such suspicion is not a mere hunch. Police may also, based solely on reasonable suspicion of a threat to safety, frisk a suspect for weapons, but not for contraband like drugs. A combination of particular facts, even if individually innocuous, can form the basis of reasonable suspicion. |
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Post by admin on Feb 20, 2008 6:33:31 GMT -5
newstranscript.gmnews.com/news/2008/0220/Front_Page/033.htmlAlliance monitors investigation FREEHOLD - The Latino Leadership Alliance of New Jersey (Monmouth Chapter) met recently to discuss the recent accusations of police brutality in Freehold Borough. The accusations of improper behavior by police officers arose after a Jan. 29 motor vehicle stop on First Street that resulted in the arrest of Migdalia Irizarry, 33, of Freehold Township, and her 15-year-old son. Irizarry was charged with disorderly conduct and resisting arrest. Her son was arrested and charged with disorderly conduct, resisting arrest with force and aggravated assault on a police officer. Freehold Borough police Lt. Mark Wodell said a scuffle took place during the motor vehicle stop and several officers responded to the scene. The boy was taken to CentraState Medical Center, Freehold Township, for treatment and then placed in the Monmouth County Youth Detention Center. Freehold Borough police Detective Daniel Heulitt was taken to CentraState Medical Center for treatment of an injured shoulder. Patrolman Chris Colaner sustained an injury to his right hand and an injury to his back and shoulder, but was not taken for treatment. Wodell said the incident is under investigation by theMonmouth County Prosecutor's Office and borough police. The Latino Leadership Alliance issued the following statement in regard to those allegations: "The alliance is closely monitoring the allegations of police brutality in Freehold Borough. We expect the borough police department and the prosecutor's office to conduct a thorough and fair investigation of the complaint filed by Migdalia Irizarry. Mutual respect between the community and police is vital for our society. "The alliance promotes the concept of community forums with borough police and other officials that explain the rights and responsibilities of the residents and law enforcement. We support additional cultural training for the department.We agree with the decision to assign the accused patrolman (Chris Colaner) to administrative duty and remove him from patrol while the case is under investigation." Members of the alliance met with borough officials on Feb. 11 to discuss the issue.
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bergsteiger
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Post by bergsteiger on Feb 20, 2008 7:11:40 GMT -5
newstranscript.gmnews.com/news/2008/0220/Front_Page/033.htmlAlliance monitors investigation FREEHOLD - The Latino Leadership Alliance of New Jersey (Monmouth Chapter) met recently to discuss the recent accusations of police brutality in Freehold Borough. The accusations of improper behavior by police officers arose after a Jan. 29 motor vehicle stop on First Street that resulted in the arrest of Migdalia Irizarry, 33, of Freehold Township, and her 15-year-old son. Irizarry was charged with disorderly conduct and resisting arrest. Her son was arrested and charged with disorderly conduct, resisting arrest with force and aggravated assault on a police officer. Freehold Borough police Lt. Mark Wodell said a scuffle took place during the motor vehicle stop and several officers responded to the scene. The boy was taken to CentraState Medical Center, Freehold Township, for treatment and then placed in the Monmouth County Youth Detention Center. Freehold Borough police Detective Daniel Heulitt was taken to CentraState Medical Center for treatment of an injured shoulder. Patrolman Chris Colaner sustained an injury to his right hand and an injury to his back and shoulder, but was not taken for treatment. Wodell said the incident is under investigation by theMonmouth County Prosecutor's Office and borough police. The Latino Leadership Alliance issued the following statement in regard to those allegations: "The alliance is closely monitoring the allegations of police brutality in Freehold Borough. We expect the borough police department and the prosecutor's office to conduct a thorough and fair investigation of the complaint filed by Migdalia Irizarry. Mutual respect between the community and police is vital for our society. "The alliance promotes the concept of community forums with borough police and other officials that explain the rights and responsibilities of the residents and law enforcement. We support additional cultural training for the department.We agree with the decision to assign the accused patrolman (Chris Colaner) to administrative duty and remove him from patrol while the case is under investigation." Members of the alliance met with borough officials on Feb. 11 to discuss the issue. The teenager in question is an honor role student, a FHS basketball player and works part-time at the church. So he is not the "savage" the bergsteiger is making him out to be. That doesn't mean that good people can do bad things for a moment. The video tape may be inconclusive. The officer was in an unmarked car and they don't have video/audio because they don't own some of those cars. The other police cars that came to the scene had the tape rolling as soon as the lights go on. Who know what is on those tapes. I wouldn't prejudge the situation either way. Everyone is welcome to an opinion and I have mine. The kid is trouble, if not in the past, this is the start of it. Most likely because of the way he is being raised. He obviously does not know right from wrong, with lack of respect, and little common sense. Then there is always a chance it’s a cultural thing. Feel free to say I told you so if it turns out different. Maybe a Civics class in place of Spanish class could help. Looks like the LLA and I agree. We just disagree who should be forced into cultural training  |
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bergsteiger
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Post by bergsteiger on Feb 25, 2008 7:55:51 GMT -5
Anyone know what carpet to look under?
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bergsteiger
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Post by bergsteiger on Feb 26, 2008 8:37:31 GMT -5
Is the Investigation still in progress?  |
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bergsteiger
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Post by bergsteiger on Feb 28, 2008 7:14:33 GMT -5
any update?  |
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Post by admin on Mar 5, 2008 5:52:33 GMT -5
newstranscript.gmnews.com/news/2008/0305/Front_Page/024.htmlInvestigation into officer's behavior enters 2nd month FREEHOLD- More than amonth into an investigation that is examining allegations of police brutality, law enforcement officials told the News Transcript this week that the investigation is continuing. Monmouth CountyAssistant Prosecutor Peter E.Warshaw Jr. said that because the investigation is ongoing, he could not reveal any information about it. Freehold Borough Police Chief Mitch Roth said the police department has joined the prosecutor's office in the investigation. The chief said he was unable to provide any other information about the case. The case involves a motor vehicle stop that occurred on First Street in the borough on Jan. 29. The motor vehicle stop ended with a woman and her 15-year-old son being charged with various offenses. A police officer who was at the scene of the motor vehicle stop was reassigned to other duties within the department after the woman accused him of inappropriate conduct by a policeman. Migdalia Irizarry, 33, of Freehold Township, was charged with disorderly conduct and resisting arrest. Her 15-year-old son was charged with disorderly conduct, resisting arrest with force, and aggravated assault on a police officer. Freehold Borough police Lt. Mark Wodell said a scuffle took place during the motor vehicle stop and several additional officers responded to the scene. The teenager was taken to CentraState Medical Center for treatment. Officer Chris Colaner sustained an injury to his right hand, back and shoulder but was not taken to the hospital. He was later reassigned to other duties. Detective Daniel Heulitt was taken to CentraState Medical Center for treatment of a shoulder injury. Among the individuals who have commented on the incident is retired police officer De Lacy Davis of East Orange, who represents Black Cops Against Violence. In an interview with Davis on Feb. 27, the retired law enforcement officer said he was concerned about the police videotapes of the incident. He said the attorney who is representing Irizarry had not yet received the videotapes.He said the tapes need to be turned over to the attorney for review. Roth said the prosecutor's office is in possession of the tapes. When Warshaw was asked to address the police videotapes, he reiterated that the case is under investigation and said he could not discuss it. Davis said the incident is "taking its toll on the Irizarry family." "She (Irizarry) has had to balance her faith in the judicial system and her faith in people she's grown up with all her life," Davis said. "The psychological impact does not change. She is still concerned with the hurt and pain brought upon her and her son. She's doing all the things necessary to work on healing." Davis said Irizarry worries about her son every time he leaves the house.He said the family is "staying prayerful." "They have also been receiving a great deal of support that crosses racial, gender, age and ethnic lines, and this is a blessing to her and is helping her to stay strong," he said. - Clare Marie Celano
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bergsteiger
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Post by bergsteiger on Mar 5, 2008 7:53:39 GMT -5
Another great propaganda piece from Ms Celano! What about the officers Family? To bad for them huh! Two months and the clock is still ticking……How much more time do they need? Put a date on it guys. It was a couple minute scuffle.  |
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Post by richardkelsey on Mar 5, 2008 12:36:05 GMT -5
newstranscript.gmnews.com/news/2008/0305/Front_Page/024.htmlInvestigation into officer's behavior enters 2nd month FREEHOLD- More than amonth into an investigation that is examining allegations of police brutality, law enforcement officials told the News Transcript this week that the investigation is continuing. Monmouth CountyAssistant Prosecutor Peter E.Warshaw Jr. said that because the investigation is ongoing, he could not reveal any information about it. Freehold Borough Police Chief Mitch Roth said the police department has joined the prosecutor's office in the investigation. The chief said he was unable to provide any other information about the case. The case involves a motor vehicle stop that occurred on First Street in the borough on Jan. 29. The motor vehicle stop ended with a woman and her 15-year-old son being charged with various offenses. A police officer who was at the scene of the motor vehicle stop was reassigned to other duties within the department after the woman accused him of inappropriate conduct by a policeman. Migdalia Irizarry, 33, of Freehold Township, was charged with disorderly conduct and resisting arrest. Her 15-year-old son was charged with disorderly conduct, resisting arrest with force, and aggravated assault on a police officer. Freehold Borough police Lt. Mark Wodell said a scuffle took place during the motor vehicle stop and several additional officers responded to the scene. The teenager was taken to CentraState Medical Center for treatment. Officer Chris Colaner sustained an injury to his right hand, back and shoulder but was not taken to the hospital. He was later reassigned to other duties. Detective Daniel Heulitt was taken to CentraState Medical Center for treatment of a shoulder injury. Among the individuals who have commented on the incident is retired police officer De Lacy Davis of East Orange, who represents Black Cops Against Violence. In an interview with Davis on Feb. 27, the retired law enforcement officer said he was concerned about the police videotapes of the incident. He said the attorney who is representing Irizarry had not yet received the videotapes.He said the tapes need to be turned over to the attorney for review. Roth said the prosecutor's office is in possession of the tapes. When Warshaw was asked to address the police videotapes, he reiterated that the case is under investigation and said he could not discuss it. Davis said the incident is "taking its toll on the Irizarry family." "She (Irizarry) has had to balance her faith in the judicial system and her faith in people she's grown up with all her life," Davis said. "The psychological impact does not change. She is still concerned with the hurt and pain brought upon her and her son. She's doing all the things necessary to work on healing." Davis said Irizarry worries about her son every time he leaves the house.He said the family is "staying prayerful." "They have also been receiving a great deal of support that crosses racial, gender, age and ethnic lines, and this is a blessing to her and is helping her to stay strong," he said. - Clare Marie Celano This story seriously lacks sufficient balance. |
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Post by admin on Mar 5, 2008 17:06:36 GMT -5
Another great propaganda piece from Ms Celano! What about the officers Family? To bad for them huh! Two months and the clock is still ticking……How much more time do they need? Put a date on it guys. It was a couple minute scuffle. Man, O man, Berg, you are harsh on Claire! I like the reporting she does for the borough. I think she does a very good job on a number of topics. I look at the above piece as more filler. Something meant to keep the story in the paper. The only thing I see wrong is that Davis is again given center stage. I would rather see someone from our town who knows our community and has an even, vested interest in fairness and justice. You are right though, the cop appears to be neglected in this as well as other articles. I would hazard a guess that part of that is because he is a cop which makes him less able to be open and accessable. |
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bergsteiger
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Post by bergsteiger on Mar 24, 2008 9:48:03 GMT -5
Any update on this dinosaur?
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leelye
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Post by leelye on Mar 27, 2008 15:13:07 GMT -5
www.app.com/apps/pbcs.dll/article?AID=/20080327/NEWS/80327032Portion of Freehold police brutality probe closed By Kim Predham • FREEHOLD BUREAU • March 27, 2008 FREEHOLD -- The criminal investigation into alleged police brutality against a Freehold Township woman and her son has been closed, Monmouth County First Assistant Prosecutor Peter Warshaw said today. Officials decided not to continue the investigation because the mother, Migdalia Irizzary, and her teenage son chose not to make statements to police, on the advice of their attorney, Warshaw said. "As a result, all available evidence was evaluated and (officials) determined there was no basis to proceed," Warshaw said. Irizzary, 33, has alleged that she and her son were victims of police brutality during a motor vehicle stop on Jan. 29. Both were charged in the incident, and their criminal cases will move forward, Warshaw said.
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Post by admin on Mar 27, 2008 15:49:49 GMT -5
www.app.com/apps/pbcs.dll/article?AID=/20080327/NEWS/80327032Portion of Freehold police brutality probe closed By Kim Predham • FREEHOLD BUREAU • March 27, 2008 FREEHOLD -- The criminal investigation into alleged police brutality against a Freehold Township woman and her son has been closed, Monmouth County First Assistant Prosecutor Peter Warshaw said today. Officials decided not to continue the investigation because the mother, Migdalia Irizzary, and her teenage son chose not to make statements to police, on the advice of their attorney, Warshaw said. "As a result, all available evidence was evaluated and (officials) determined there was no basis to proceed," Warshaw said. Irizzary, 33, has alleged that she and her son were victims of police brutality during a motor vehicle stop on Jan. 29. Both were charged in the incident, and their criminal cases will move forward, Warshaw said. This is interesting. Take note that it says criminal. There are still departmental and civil charges that could be filed if the officer is is accused of violating of either. My questions: Why did an attorney give advice to the mom and her son to not give a statement? Is this normal and is this good or bad for the cop or them? I would be interested in the reasoning behind this. |
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Post by novillero on Mar 27, 2008 15:53:14 GMT -5
makes you think their statements would have incriminated them, or they are saving it all for a nice civil suit.
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Post by admin on Mar 27, 2008 15:55:52 GMT -5
makes you think their statements would have incriminated them, or they are saving it all for a nice civil suit. Are you guessing that the attorney would drop the criminal suit against the cop, keeping them from being incriminated, and just saving it all for one nice pay out of as civil suit? |
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Post by novillero on Mar 27, 2008 16:09:41 GMT -5
Alleged victims are looking for a pay day. I was open minded about this until now. If these folks really wanted justice they would have talked to the Prosecutor. All they want is money. Either they want money, or they have something to hide (which would open them up to further criminal charges or sink them on the pending charges - whatever they are). I am sure that the prosecutor was above-board with them and told them that if they don't talk, the prosecutor's office has only one side of the story. And that one side is the police version. So, to me, by all appearances, I agree with Lisa... something is fishy. If you want justice, you talk. |
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Post by fiberisgoodforyou on Mar 27, 2008 16:38:40 GMT -5
www.app.com/apps/pbcs.dll/article?AID=/20080327/NEWS/80327032Portion of Freehold police brutality probe closed By Kim Predham • FREEHOLD BUREAU • March 27, 2008 FREEHOLD -- The criminal investigation into alleged police brutality against a Freehold Township woman and her son has been closed, Monmouth County First Assistant Prosecutor Peter Warshaw said today. Officials decided not to continue the investigation because the mother, Migdalia Irizzary, and her teenage son chose not to make statements to police, on the advice of their attorney, Warshaw said. "As a result, all available evidence was evaluated and (officials) determined there was no basis to proceed," Warshaw said. Irizzary, 33, has alleged that she and her son were victims of police brutality during a motor vehicle stop on Jan. 29. Both were charged in the incident, and their criminal cases will move forward, Warshaw said. Things that make you go...HUMMMMMMMMM Self-IncriminationThe Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" is a refusal to answer a question because the response could form self incriminating evidence.Historically, the legal protection against self-incrimination is directly related to the question of torture for extracting information and confessions.[2][3] The legal shift from widespread use of torture and forced confession dates to turmoil of the late 16th and early 17th centuries in England. Anyone refusing to take the oath ex-officio (confessions or swearing of innocence, usually before hearing any charges) was taken for guilty. Suspected Puritans were pressed to take the oath and then reveal names of other Puritans. Coercion and torture were commonly employed to compel "cooperation." Puritans, who were at the time fleeing to the New World, began a practice of refusing to cooperate with interrogations. In the most famous case, John Lilburne refused, in 1637, to take the oath. His case and his call for "freeborn rights" were rallying points for reforms against forced oaths, forced self-incrimination, and other kinds of coercion. Oliver Cromwell's revolution overturned the practice and incorporated protections, in response to a popular group of English citizens known as the Levellers. The Levellers presented The Humble Petition of Many Thousands to Parliament in 1647 with thirteen demands, of which, the right against self-incrimination (in criminal cases only), was listed at number three. These protections were brought to the American shores by Puritans, and were later incorporated into the United States Constitution through its Bill of Rights. |
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bergsteiger
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Post by bergsteiger on Mar 28, 2008 6:33:52 GMT -5
If it turns out that the little brat is innocent I will apologize for calling him a “Savage”, until then the label stands. Let it be a lesson to all the potential savages out there, assault a policeman get labeled as a savage. Now instead of debating the kid’s savage behavior till we find out otherwise you can debate my vocabulary So when will the savage and his mother be tried for the criminal charges against them? |
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leelye
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Posts: 150
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Post by leelye on Mar 28, 2008 6:35:24 GMT -5
www.app.com/apps/pbcs.dll/article?AID=/20080328/NEWS/803280404FREEHOLD — The criminal investigation into allegations of police brutality filed by a Freehold Township woman and her teenage son has been closed, First Assistant Monmouth County Prosecutor Peter Warshaw said. A borough police investigation that could result in administrative sanctions, however, is continuing, borough Police Chief Mitch Roth said. Officials decided not to pursue a criminal investigation because the complainants, Migdalia Irizzary, 33, and her 15-year-old son, chose not to make formal statements to police, Warshaw said. Their attorney advised them not to, Warshaw said. "As a result, all available evidence was evaluated and (officials) determined there was no basis to proceed," Warshaw said. Norman Hobbie of Eatontown, who has been representing the Irizzarys, did not return a call for comment. The administrative investigation could last two more weeks or so, Roth said. If officials decide the officer involved, Patrolman Chris Colaner, acted improperly, Roth said penalties could range in severity from counseling to termination. The investigations were initiated after Irizzary alleged that she and her son were victims of police brutality during a motor vehicle stop in the borough on Jan. 29. Irizzary was driving home that night from a basketball game when her sport-utility vehicle was stopped. Police have said her vehicle resembled one they sought in connection with an assault earlier that evening. At the time, police were trying to settle an unrelated dispute between two families. Police initially said Irizzary and her son "called attention to themselves" as they drove by the scene of the investigation. Irizzary's version of events is as follows: After police stopped her vehicle, Colaner would not answer her when she asked him why she had been pulled over. He then ordered her out of the vehicle and twisted her arm behind her back. When Irizzary's son — one of several young people in the SUV — started yelling at Colaner to stop disrespecting his mother, Colaner allegedly handed Irizzary over to another officer and reached inside to punch the boy in the face. Police account differs Borough police, however, have said that after Irizzary's vehicle was stopped, a scuffle ensued. Irizzary's son hit one police officer and another injured his hand and shoulder trying to subdue the boy, police have said. The boy and the injured officer were both taken to a hospital for treatment, police have said. Irizzary was charged with obstructing the administration of law and resisting arrest. Her son was charged on a juvenile complaint with third-degree aggravated assault and resisting arrest. The charge against Irizzary will be prosecuted April 8 in Municipal Court. Her son's case will be handled in family court, since he is a juvenile. Colaner remains on administrative duty, Roth said to which the officer had been reassigned after the incident. Kim Predham: (732) 308-7752 or kpredham@app.com
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Post by concerned on Mar 31, 2008 15:58:50 GMT -5
funny how things turn out when the race card isn't the hot topic and even headed investigators look at the facts before making accusations that are ow proven to be fraudulent. There is no reason a lawyer would advise a supposed "VICTIM" from speaking to the prosecutor's office, the investigating agency, if you and your son's rights were so horribly violated for no reason at all by a police officer. Give me a break!!!!The attorney probably realizes that her own words will show that she/ son was guilty of everything the officer said.I hope the officer sues her and all these so called activists that dragged his name through the mud.
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