WV Civil Rights Lawyer

Police Misconduct, Civil Rights Law

New changes in West Virginia law regarding hemp and medical marijuana

Update: Facebook video I made:   https://www.facebook.com/JohnBryanLaw/videos/244860226411030/


So last night I attended a great seminar on the developing legal changes in West Virginia. Here are some of my notes, regarding my take-aways…  This is a completely new area of the law, and economy, in West Virginia.  Here were my basic takeaways.  Excuse the short-hand notes:

Things learned from the hemp seminar last night:

1. There will be a boom of investment into West Virginia, including a land rush, for hemp and medical marijuana, similar to the marcellus shale.  Foreign investors and land agents are going to be looking for lease contracts.  Private property owners and farmers are going to want to cash in as well.  A legal quagmire is imminent, due to the next thing:

2. The difference between hemp and marijuana is a chemical difference only.  You cannot tell the difference, nor can law enforcement, between hemp and M. by looking at it.  A chemical analysis has to be performed.  Hemp is, by law, .3% or less THC of a certain strain of marijuana plant, and therefore not illegal.

3. State and federal law, and authorities are not on the same page.  The WV DOA is fully on-board and is looking to assist landowners and businesses in developing this new economy, while the feds are still looking for pot needles……  There are differences in state and federal law which can land you in big trouble very easily…..

4. Industrial hemp growing, and production, is going to be much easier than dealing with medical marijuana.  Pretty much anyone is going to be able to get into hemp, so long as all owners, and land owners, pass background checks.  While MM is going to be limited to 10 growers, and 10 processors…..  Insert WV good ole’ boy politics.  

5. Both hemp and MM are going to be cash-intensive businesses.  While hemp is reasonable as far as permit fees go, there currently is no access to banking institutions, nor insurance for those activities.  MM has the same problems, with the added bonus of enormous filing fees and capital requirements.  To get into that business, it looks like millions in liquid capital is going to be necessary.  With the added bonus of no banking, no insurance, and high legal risk.  The cherry on top is that apparently the IRS is auditing pretty much 100% of these businesses….

6. LEOs are going to be very slow in understanding the legalities and the differences.  You must get legal advice prior to getting involved.  Transporting can be big trouble. Likely better to fully notified any applicable agencies ahead of time.  Be proactive.

7. This is going to be a regulation nightmare, but it will be necessary.  Permitting is going to be key.  Permits will be denied based on nondisclosure, lies, or omissions.  Better to be fully compliant than sorry.

Summary:

Get ready and buckle up because this industry is coming; and it could be an economic boom for West Virginia.  There’s a lot of money to be made, and let’s try to keep it in WV rather than the out of state investors.  But as they say, you’re going to need a lot of 

Lawyers, guns, and money…….

Thanks to Jennifer Mason, Esq., of Dinsmore & Shols law firm for the presentation last night.  The thoughts here are my own and not hers BTW…..

January 16, 2019 Posted by | DOJ, Drugs, Hemp/Marijuana, Lawyers, Uncategorized | Leave a comment

Important gun Rights civil lawsuit filed against Putnam County, West Virginia, and three deputies.

 

Update:  Charleston Gazette-Mail article:

https://www.wvgazettemail.com/news/putnam_county/scott-depot-man-sues-putnam-deputies-commission-after-alleged-false/article_293c3a92-be3e-53d9-9de9-d5619717376f.html

WV Record article:

https://wvrecord.com/stories/511685545-man-sues-putnam-county-commission-deputies-for-civil-rights-violations

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Yesterday we filed a federal civil rights lawsuit against the Putnam County Commission, along with three of their employee deputies: Lovejoy, Donahoe and Pauley.  The suit is related to multiple searches and seizures of Michael Walker, a Scott Depot, WV resident, who was simply exercising his right to open-carry firearms in the State of West Virginia.  He has seizures, so he cannot drive.  Therefore he walks everywhere he goes, including hunting.  But when he walks with a firearm openly displayed, which is perfectly legal in West Virginia, he has been harassed by the Putnam County Sheriff’s Department.  In December of 2016, he was arrested by Deputy Lovejoy for open carrying a pistol.  He spent an entire weekend in jail without his seizure medications, and ended up hospitalized.  He was found not guilty following a trial of that illegal arrest.

Two months later, Mr. Walker knew to turn the video recorder of his cell phone on so that his next encounter would be preserved for the world to see.  This video, a portion of which is posted here:

(https://www.facebook.com/JohnBryanLaw/videos/595342300923715/)

The video shows a law enforcement officer admitting that he targets all firearms owners, including law abiding citizens, for illegal searches and seizures.  In other words, he admits to a pattern, practice and policy of depriving the rights of gun owners in Putnam County, West Virginia.  At one point, the deputy asks Walker why he needs an AR-15….

The officer, Deputy Donahoe, calls Mr. Walker a “fucking cocksucker” a few times, accuses him of being a “sovereign citizen,” and blatantly defies established federal constitutional law.

Federal law is very clear that, in open carry states, such as West Virginia, a police officer cannot perform an investigatory detention, or seizure, or “Terry Stop,” of an individual lawfully open-carrying a firearm.  Not unless they have individualized information that the specific individual is prohibited from possessing firearms, or that the individual has committed some criminal act.  They cannot walk up to you and ask for your ID, then run a background check on you, just to be sure you’re legal to carry a gun, which is what happened here.  In fact, Deputy Donahoe admitted to committing many more civil rights violations involving innocent gun owners.  He said he does it every day, and arrests people all the time on that basis.  That might perk up the ears of some public defenders in Putnam County……

If you want to know more, read the Complaint linked below.  It has all the details, and sets out the laws which were violated.

Complete text of the Complaint:

Walker v. Lovejoy, et al., Civil Action No. 3:18-cv-01523 , U.S. District Court for the Southern District of West Virginia

December 18, 2018 Posted by | Uncategorized | Leave a comment

The “Hurt” case against the West Virginia State Police and West Virginia DNR was filed, and is in the news….

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Full Version of the Hurt Lawsuit.

Charleston Gazette-Mail article from this Sunday:

WV family’s call to police ends in excessive force lawsuit

A family from Camp Creek, in Mercer County, is alleging West Virginia State Police troopers and a Division of Natural Resources officer violated their civil rights and exercised excessive force on them after they called police in 2016 to report an armed, unstable neighbor — who later called in a fake hostage situation, stole a police cruiser from a trooper and set it ablaze — according to a federal lawsuit filed last month in the Southern District of West Virginia.

“It was just like boom, out of nowhere all of a sudden my yard was filled with them, all screaming and hollering at [Lilly],” Ronnie Hurt said…..

Wills, who was on the phone with 911 during the entire incident, heard officers yelling at her father to step off the porch with his hands up. Due to health issues and physical disabilities, she knew he needed help climbing the porch stairs, so she went outside to assist.

Within seconds of Willis stepping outside, Trooper John R. Tupper and DNR officer Marshall Richards grabbed her and her father by the arms, yanking them “violently and forcefully” face-first off the porch and onto the ground, the suit reads.

“They didn’t tell me anything, nothing at all,” Wills said. “Not to put my hands up, not to hang up the phone. I didn’t even have a chance before I was on the ground.”

One officer grabbed Wills’ phone, hung up on 911 and threw it on the ground before stepping on it with his boot, she said.

 

December 18, 2018 Posted by | Civil Liability, Excessive Force, Governmental Liability, Lawsuits | Leave a comment

Another civil rights case settled….

This was actually a few weeks back and was posted on our Facebook.  For posterity, I’ll post here as well….

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This is my client, Robert McPherson. Today we reached a settlement in our lawsuit against the City of Hinton, WV and former police chief, Derek Snavely.

This case was on the front page of the Charleston Gazette-Mail a month or so back, which published a full copy of the federal lawsuit:

https://www.wvgazettemail.com/…/article_13d20637-f1d0-5c6e-…

“John Bryan, a Union-based attorney representing Robert McPherson, a man who filed a lawsuit in the Southern District of West Virginia against Snavely and the city of Hinton alleging excessive force by Snavely, said he wasn’t surprised to hear about the former police chief’s troubles of three weeks ago. Bryan said he had heard several people voicing concern about Snavely for a while.

“This is kind of a problem West Virginia has — if someone leaves a position, even if they should [leave] for a good reason, it’s cheaper to hire them on somewhere else instead of hiring someone who doesn’t have that certification,” Bryan said. “Unless that certification is gone, they are probably going to be picked up somewhere else.”

In his lawsuit, McPherson alleges that, in January 2016, Snavely punched him in the face — unprovoked — before proceeding to “violently beat” him outside a Kroger store.”

More about the lawsuit, and Snavely, here, on my blog:

https://wvcriminaldefenseattorney.wordpress.com/…/mcpherso…/

The terms provide for an award of $75,000.00 to Mr. McPherson. It’s always easier to make a client happy when you get to give him money, instead of the other way around.
😄 I’m glad it all worked out in the end.

Update: Charleston Gazette-Mail article: https://www.wvgazettemail.com/…/article_304c067d-079f-5ae8-…

October 23, 2018 Posted by | Excessive Force, Governmental Liability, John H. Bryan, Lawsuits, Lawyers, Media Coverage, Police, Police Misconduct, Searches and Seizures | Leave a comment

The moment I saved this young man’s life….

 

Somebody sent me a copy of audio which was recorded almost a decade ago at a criminal felony jury trial.  It is the audio of my closing argument to the jury in a First Degree Arson Trial in February of 2010.  Wow, it brought back memories.  Here is the last 11 and a half minutes of it.  Listen to how I hand the case over to the jury at the end…..   I got that from Gerry Spence.

People ask lawyers all the time: do you ever think your client is guilty? The worst possible scenario as a trial lawyer is to be responsible for defending someone who is actually innocent, and screw something up.  This young man was innocent.  Yet he was facing 20 years in prison.  His family came to me and asked me to save their son.  He had done a stupid, ridiculous thing, and had given a false confession to a girl over the telephone, for some reason thinking it would impress her.  He bragged that he started a fire which had burned down a big barn, which had been a local mystery up to that point.  But he didn’t actually do it.  But…. he was caught on a recorded phone conversation stating that he did.

He was charged with first degree arson.  I ended up proving to the jury that he had lied about it, and that he was actually innocent.  Talk about a difficult task.  But I did it.  This was the fastest I’ve ever had a jury return a verdict.  It took maybe 6 or 7 minutes.  This guy/kid could have spent the last decade sitting in prison….

Choosing a lawyer is an important decision.  With this audio, you can hear an example of me speaking for somebody in court, in a situation when that individual’s liberty was at stake, and see the end result.  Pretty cool.

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October 18, 2018 Posted by | Arson, John H. Bryan, Juries, Lawyers, Trials | Leave a comment

West Virginia State Police and asset forfeiture in the news this weekend. The ugly truth.

The Charleston Gazette-Mail had an article this weekend on a New Jersey couple who were pulled over by a West Virginia State Trooper on their way to a casino.  They had $10,000.00 with them.  The state trooper took all but $2.00 and sent them on their way.  He also took their cell phone (presumably to search it for evidence of a crime, such as drug dealing).

This highlights what is perhaps the ugliest, most unconstitutional, most nazi-ish, thuggish, and un-American behavior engaged-in by the government at the present time: asset forfeiture.  This is the way it works.  You get pulled over for a traffic offense.  You have cash on you, or in the vehicle.  The officer seizes the cash, because they consider the cash itself to constitute evidence of being a drug dealer.  They don’t have to charge you criminally whatsoever.  They then serve you with a notice that, if you want to redeem your cash, you have to contact the court and the prosecuting attorney, and formally claim the cash.  In so doing, the process implies that have to explain to the court, and the prosecutor, where you obtained the money, etc.  The theory is, that drug dealers are not going to claim the money.  The the law enforcement agency gets to keep it, and the prosecutor’s office gets 10%.  Talk about a conflict of interest . . . .

In reality, the law provides that in order to keep the currency which was seized from the citizens, the State, pursuant to W. Va. Code § 60A-7-703(a)(6) (1988), is required to demonstrate by a preponderance of the evidence that there is a substantial connection between the property seized and an illegal drug transaction.  This finding is in addition to the initial finding of probable cause that an illegal act under the drug law has occurred. See Syllabus Point 4 of State v. Forty-Three Thousand Dollars, No. 31224 (W. Va. 11/26/2003) (W. Va. 2003).

Only after the State has filed a civil forfeiture petition, and met its’ burden of proof by a preponderance is the citizen required to prove how he/she/they came into ownership of the currency. Id. at 6.

In the case of the couple in the Gazette article, Dimities Patlias and  Tonya Smith, they got nowhere until they contacted the media.  The reporter, Jake Zuckerman, started making some phone calls, including to the prosecuting attorney, and voila, their money was returned in full.  Now the couple is rightly pissed off, and much of the public is learning about this un-American scheme for the first time.

The Prosecuting Attorney of Jefferson County, who returned the money is a good guy.  Kudos to him for doing the right thing after looking into it.  I actually had an asset forfeiture case with him previously, and he returned the money in that case as well.  I also represented some of his family members in a real estate related jury trial, which we won, thankfully.  This is a problem in a national scale.  This occurs everywhere, and is practiced by the federal government as well.

August 27, 2018 Posted by | Corruption, Media Coverage, Police, Police Misconduct, Searches and Seizures, Vehicular Crimes | Leave a comment

McPherson Case makes front page news this morning

This morning, investigative reporter Catie Coyne had a great article on the front page of the Charleston Gazette-Mail about the McPherson case, and the firing of Hinton police chief, Derek Snavely.

image1

I’ve been doing this for awhile.  Usually after the news dies down, a fired police officer will quietly appear somewhere else – usually a small municipality or county somewhere. I’ve seen it happen again and again.  When the reporter called me about the case, I shared my frustration with her.

The Hinton police chief — who is the target of a federal lawsuit filed in December alleging that he used excessive force on a Summers County man by beating him and hitting him three times with a stun gun without provocation — was terminated this week based on his “job performance,” according to Hinton City Councilman Larry Meadow….

John Bryan, a Union-based attorney representing Robert McPherson, a man who filed a lawsuit in the Southern District of West Virginia against Snavely and the city of Hinton alleging excessive force by Snavely, said he wasn’t surprised to hear about the former police chief’s troubles of three weeks ago. Bryan said he had heard several people voicing concern about Snavely for a while.

“This is kind of a problem West Virginia has — if someone leaves a position, even if they should [leave] for a good reason, it’s cheaper to hire them on somewhere else instead of hiring someone who doesn’t have that certification,” Bryan said. “Unless that certification is gone, they are probably going to be picked up somewhere else.”

August 23, 2018 Posted by | Civil Liability, Excessive Force, Governmental Liability, John H. Bryan, Lawsuits, Media Coverage, Police, Police Misconduct | Leave a comment

My early training as a trial attorney

I recently found some old photos of my experience as a captain of the UCF Trial Team, one of the best mock trial programs in the country in the early 2000’s.

https://www.facebook.com/JohnBryanLaw/posts/1052250548310140

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August 22, 2018 Posted by | John H. Bryan, Trials | Leave a comment

McPherson Case defendant, Snavely, fired as police chief of Hinton

The City of Hinton has now fired its police chief, Derek Snavely.  Snavely is the primary defendant in the McPherson v. Snavely, et al. excessive force lawsuit currently pending in the federal district court for the Southern District of West Virginia.

snavely_1534358943231_51988764_ver1.0_640_360

From the Register-Herald newspaper this morning:

HINTON – Mayor Joe Blankenship announced Tuesday that Hinton Police Chief Derek Snavely has been terminated.

An emotional Blankenship made the announcement during a city council meeting in Hinton, not long after reports surfaced that Snavely had been placed on leave following a domestic dispute.

During his tearful speech, Blankenship said that Snavely was promoted to police chief in 2009 without his recommendation, due to the fact that he was dating his daughter, Bethany. Blankenship also stated that he has always recused himself from meetings concerning raises for Snavely.

“City code states that the office of police chief is at the will and pleasure of the mayor in every municipality, therefore I feel I cannot stand aside any longer concerning this situation,” Blankenship stated. “As Bethany’s father and best friend, I feel that I’m aware of everything.”

At the time the City of Hinton hired Mr. Snavely, Mr. Snavely was in the news for having been effectively fired by the West Virginia State Police for misconduct.  This information was also known at the time the City of Hinton promoted him to police chief. See Trooper Accused of Rape Resigns, Charleston Gazette-Mail, http://www.wvgazettemail.com/article/20081211/ARTICLE/312119998.  He was also in the news for allegedly falsifying police records to cover up his misconduct. See Prosecutor Not Told Ex-Trooper Falsified Log, Charleston Gazette-Mail, http://www.wvgazettemail.com/article/20081211/ARTICLE/312119998. 

The State Police even took the unprecedented step of making a public statement about Snavely.  It was reported in the Herald-Dispatch newspaper, that the newly-appointed West Virginia State Police spokesperson said, of Snavely, “We can’t have things like this,” waving a newspaper with an article about Snavely’s alleged misconduct, stating that, “it reflects poorly on me and [the superintendent] . . . it kills me.”  He noted that it was important for the state police to do “everything we an to acknowledge and address these incidents, and then we need to move forward.” See W. Va. State Police Col. Focusing on Standards, The Herald-Dispatch, http://www.herald-dispatch.com/news/recent_news/w-va-state-police-col-focusing-on-standards/article_2d9b2963-a067-59b1-93d1-ac4e8004ccfe.html.  

This was all known (1) before he was hired by the City of Hinton; and (2) before he was promoted to police chief.  I’m sure the fact that he was dating (and now married to) the mayor’s daughter had nothing to do with it.  This is not the first time a police officer resigned due to misconduct and then was hired by some small town in West Virginia.  That’s been a recurring problem across the state.

August 22, 2018 Posted by | Excessive Force, Lawsuits, Media Coverage, Police, Police Misconduct | Leave a comment

Summersville Speed Trap/Scam on Route 19 in West Virginia Claims an Innocent Disabled Man

UPDATE 8/20/18:  Our FaceBook post on the topic.

UPDATE 8/17/18: I obtained the Criminal Complaint from the incident.  It is indeed signed by both the sheriff’s deputy who was the arresting officer, as well as the Summersville PD officer.  It’s not a notarization, but it is a signature.  While it doesn’t make sense as to why they did it that way, that process would be legal.  The following is the full text of the narrative, which is sworn under oath as the probable cause basis for the arrest:

ON THE ABOVE DATE IN SUMMERSVILLE NICHOLAS COUNTY, WV, I CONDUCTED A TRAFFIC STOP ON A MAROON CHEVY COLORADO BEARING WV REG. XXXXXX FOR NO BRAKE LIGHTS.  THE DRIVER WAS IDENTIFIED AS JEFFREY JONES.  WHILE SPEAKING TO THE DRIVER I OBSERVED HIM TO BE DISORIENTED, DROWSINESS, CONFUSED, BLOOD SHOT EYES, AND HE DID HAVE SLURRED SPEECH.  MY FIRST OBSERVATION HE WAS SWEATING PROFUSELY AND DID HAVE HIS HEAT ON IN HIS TRUCK. HE WAS ALSO FUMBLING HIS ITEMS AND DROPPING MONEY OUT OF HIS WALLET.  I PERFORMED THE HGN TEST ON JEFFREY AND WHILE ADMINISTERING THIS TEST HE DID SHOW IMPAIRMENT. JEFFREY WAS TAKEN TO SRMC FOR A BLOOD DRAW.  WHILE UNDER MIRANDA, JEFFREY DID ADMIT THAT HIS BROTHER KENNY HAD GIVEN HIM A PILL THAT HIS WIFE TAKES FOR ARTHRITIS AND PAIN. A DRE EVALUATION WAS DONE ON JEFFREY. THE INFORMATION PROVIDED IN THIS COMPLAINT IS BASED ON THIS OFFICERS INVESTIGATION.

According to Mr. Jones’ brother, they picked his truck up later that same day/night at the local impound for the exorbitant sum of $350.00, and it was driven home, with a vehicle following behind.  The brake lights worked just fine.  The narrative included no allegations of improper driving.  That means, the only basis for the stop was for a improper equipment violation which didn’t exist.  In other words, it appears to be a lie.  Without improper driving, what other information did this deputy have to want to stop Mr. Jones?  The only information he had was the color of Mr. Jones’ skin.  This is unfortunate, but not unheard of.  The same basis was used to stop my client Antonio Tolliver.  That state trooper is now a former state trooper.

What does that mean?  If the State/Prosecutor can’t prove that the vehicle had no brake lights, in light of testimony and evidence from Mr. Jones’ family and friends that the car’s brake lights worked just fine, the stop will have been illegal.  Under the “fruit of the poisonous tree” doctrine, everything that happened subsequently, is inadmissible in court.  Even assuming the blood draw was legal, which is a big “if,” and the supposed statement about the pill for arthritis and pain was legal, they cannot be used against Mr. Jones.  The arrest, and everything which happened afterwards,  is unconstitutional and illegal.

So he’s driving perfectly normal, gets pulled over for an equipment violation which doesn’t exist, gets put through field sobriety tests and supposedly fails.  So why at that point didn’t they give him a breathalyzer?  Instead they call Deputy Junk Science to arrive, who took a class on recognizing people who had taken prescription drugs?  Then forcibly taken to a hospital and forcibly withdraw blood from his body? He was driving normally, and wasn’t bothering anyone.  The only thing he did wrong was drive into a notorious speed trap, where officers are itching to pull over someone who looks like they’re coming down from one of the rust belt cities with a load of heroin.  Which brings us back to racial profiling.  It would be interesting to look at some of the other cases of stops on Route 19 in Summersville over the past few years.


Yesterday, WVVA ran a story about Jeffrey Jones, a man local to Greenbrier County, who had an unfortunate encounter with the police in Summersville, West Virginia – a place with the reputation as a well known speed trap extortion racket.  As a disclaimer, I don’t represent him in any way, but I do know the man since he works at my local Kroger.  He is the nicest guy, always smiling, and always helpful.  Everyone loves him.  What other grocery store employee has customers that take photos such as these?

 

These photos speak for themselves, which were posted on the WVVA website.  From the article:

SUMMERSVILLE, W.Va. (WVVA) Jeffrey Jones of Lewisburg is no stranger to hard knocks. As a child, he battled Spinal Meningitis, a condition that left him 90 percent deaf and with one leg longer than the other.

“Growing up, I had Meningitis. Everyone always thought I was stupid because I couldn’t hear. And because I was the smallest in the class, everyone picked on me.”

Despite the physical limitations, Jones said he never misses at day of work keeping track of the carts at the Ronceverte Kroger; the same place where his family said he was hit by a car a couple years ago and broke a hip.

“He stops and checks on everyone everywhere he goes,” said his friend Brianna Barkley. “There’s not a person that’s a stranger. He spreads happiness and friendship to everyone he sees.”

That job may be in jeopardy after Jones said he was unlawfully stopped by a Nicholas County Sheriff’s deputy on Sunday, August 5th, for a broken brake light. He was arrested and charged with Driving Under the Influence (DUI).

Then there was a phone call from a local legislator, to the Attorney General’s Office on his behalf:

Through his work at Kroger over the years, Jones has made friends from all walks of life, including Greenbrier County Del. Jeff Campbell, (D) 42nd Dist., who on Tuesday, personally requested the West Virginia Attorney General’s Office for an investigation.

“I would like to see the charges dismissed. I would like to see the $350 he spent to get his truck out of impound reimbursed. I think his wages should be reimbursed. And I’d like to see an apology.”

Oops.  So the Summersville Chief of Police contacts the news station and makes a stunning denial:

UPDATE: Summersville Police Chief John Nowak said Thursday his officers did not participate in the arrest of Jeffrey Jones on Sunday, August 5th.

Although Patrolman R.L. McClung with the Summersville Police Dept. signed both pages of the criminal complaint, the chief said the officer merely notarized the document for the arresting officer, Deputy J.D. Ellison with the Nicholas County Sheriff’s Dept.

Ok, say what?  Your officer “notarized” a criminal complaint?  Here is a sample Criminal Complaint, which is actually a form provided by the West Virginia Supreme Court, from a recent case of mine (which resulted in a large settlement and an officer being fired):

ExampleCriminalComplaint

As you can see, there is no signature block for a “notarization.”  Criminal Complaints, which are standardized forms meant to comply with state and federal constitutional requirements applicable to the process of putting a person temporarily behind bars, are signed by the “Complainant,” who is almost always a sworn law enforcement officer.

The Criminal Complaint notes that the complainant must be present in person before the Magistrate, who will authorize the arrest and subsequent incarceration, assuming the Magistrate believes probable cause exists based on the sworn written testimony/explanation offered by the Complainant/Police Officer.

In my 12 years of experience practicing law around the State of West Virginia, I have never heard of a police officer “notarizing” the Criminal Complaint of another police officer.  And being a civil rights lawyer, I have examined probably thousands of Criminal Complaints.  It would be understandable for one officer to draft and sign the complaint where there were multiple officers involved.  They don’t all have to sign their name to the complaint.  But I’ve never heard of another officer, from an entirely different agency, who wasn’t even present at the incident/arrest, to apply under oath for the signature of the Magistrate, which is effectively an arrest warrant.  That would be hearsay, and would not establish probable cause.  No competent Magistrate would sign such a Criminal Complaint.  The only exception would be, if the Magistrate did not know because that fact was concealed.

I’m not posting Mr. Jones’ Criminal Complaint, but somebody has some explaining to do in Summersville.  I wonder how many other arrests/tickets given by the county sheriff’s department were actually signed by a city police officer in Summersville, given their reputation as a well known speed trap extortion operation?  Hmmm.  Like all the old ways in West Virginia, it all comes down to money.  Maybe when the legislature finishes cleaning up the Supreme Court mess, they can come follow this money trail in Summersville.  I’m sure he isn’t the only victim – just one innocent enough to have people stand behind him.

August 16, 2018 Posted by | Corruption, Judges, Magistrates, Media Coverage, Misdemeanors, Police, Police Misconduct, Vehicular Crimes | Leave a comment