Santa Ana Police File Lawsuit Alleging Violation of Their Rights After Store Videotape Allegedly Catches Them Eating Marijuana Products And Disparaging Disabled Woman

nsjjps-b88477454z.120150803213939000gt7b82gh.10There is an interesting case out of Santa Ana this month where police officers were allegedly caught on camera wolfing down pot products in a raid on a medical marijuana dispensary. The officer reportedly disabled all but one of the security cameras. They are now arguing that there rights were violated by being videotaped without their consent.

The video below shows a sizable number of police raiding the dispensary with guns drawn and forcing everyone to the floor. It then shows officers methodically shutting off cameras. The remaining camera however then shows the officers eating presumably marijuana laced products at the Sky High Collective. The video also shows the officers making derogatory comments about a disabled woman.

Three Santa Ana police officers have sued to quash a surveillance video
in a lawsuit in Orange County Superior Court to prevent Santa Ana Police Department internal affairs investigators from using the video. They have been allowed to conceal their identities. Of course, police routinely used such videotapes against others for alleging crimes. It is also unclear why a public servant should have his or her name protected in such a case. While some officers may be undercover and have a good claim, most of these officers are in uniform.

Attorney Corey W. Glave representing the Santa Ana Police Officers Association and the three officers insists that the video was taken without the officers’ knowledge and that the videotape was handled by various people before being turned over to the police. He has suggested that the videotape may have been altered. Glave has gone as far as to accuse his opposing counsel of misconduct: “The attorney representing the drug dispensary intentionally has misrepresented what happened.”

Matthew Pappas is the lawyer for Sky High identified in articles. Pappas has said that he gave the Santa Ana police two versions of the raid footage, a highlight reel with subtitles and unedited video clips.

One question that we have previously discussed is why police routinely dismantled such cameras to prevent a videotape record of arrests or searches. One argument may be that undercover officers were involved and should not be videotaped for their own protection.

What the remaining camera did catch as a male officer asking a female colleague about a woman with an amputated left leg: “Did you punch that one-legged old Benita?” he asks. The female officer responds “I was about to kick her in her (expletive) nub.”

The lawsuit says that the officers are the victims: “All police personnel present had a reasonable expectation that their conversations were no longer being recorded and the undercover officers, feeling that they were safe to do so, removed their masks.”

The lawsuit further notes that “Without the illegal recordings, there would have been no internal investigation of any officer.”

No officers have been terminated in connection with the ongoing internal affairs investigation

101 thoughts on “Santa Ana Police File Lawsuit Alleging Violation of Their Rights After Store Videotape Allegedly Catches Them Eating Marijuana Products And Disparaging Disabled Woman”

  1. Did the federal government impose confiscatory taxation in an unpreambular and unconstitutional act of despotism, the forced dictate of involuntary participation in a Ponzi scheme “retirement” plan, Social Security? Then Ayn Rand likely took what was taken from her. Social Security imposes compulsory distribution at age 70. “Participants” are compelled to use Medicare.

    (As fate would have it, corporations got hooked on corporate welfare when they discovered they could dump contractual retirees on federal pension and federal healthcare plans. Welfare is not only disincentivizing, it is profoundly addictive on every level).

    (“A democracy cannot exist as a permanent form of government. It can only exist until the people discover they can vote themselves largess out of the public treasury. From that moment on, the majority always votes for the candidate promising the most benefits from the public treasury, with the result that democracy always collapses over a loose fiscal policy–to be followed by a dictatorship.”

    ― Alexander Fraser Tytler)

    The communist dictators, the “dictatorship of the proletariat,” compel or force captive, involuntary “participants” in Social Security to involuntarily take receipt of benefits at the age of 70.

    The singular American failure has been the Supreme Court. It’s mandate was to assure that actions comport with law, in this case, the founding documents and the American thesis. The Supreme court has proved its “overreach,” ideological nature and corruption since allowing Lincoln’s criminal act of suspending Habeas Corpus during Lincoln’s unconstitutional “Reign of Terror,” up to and including it’s recent egregious act of arbitrarily and disdainfully commingling the definitions of the words of the English language, “state” and “federal.”

    Roosevelt and his reluctant and convicted communist political allies forced or dictated redistribution of wealth as Social Security and Medicare, a communist principle, on free Americans.

    (As fate would have that, Roosevelt’s efforts were intended to reverse an economic depression. Roosevelt exacerbated the recession into a depression. Roosevelt’s imposition of communist principles created generations of parasites while doing nothing to mitigate Roosevelt’s Depression. The two factors that ultimately turned the economy were time and war, understanding the persistence of free people. Wise people learned that free enterprise and free markets prevail over the artificial schemes of self-serving, fraudulent humans.

    The illogic of dictating to free people appears to be lost on you.

    Ben Franklin, we gave you “…a republic, if you can keep it.” The Founders gave us a restricted-vote republic (which we obviously could not keep and are compelled to take back) which was strong on freedom and weak, ney, non-existent on redistribution, social engineering, central planning and control of the means of production.

    In other words, in 1789, Americans were free – in theory and in daily practice.

    The Founders wrote the Preamble, Constitution and Bill of Rights to stand in perpetuity

    (James Madison wrote the Bill of Rights to preclude any further amendment lest the very Constitution itself be destroyed).

    The American Thesis is Freedom and Self-Reliance.

    Works every time.

    1. Thank you for the interesting post, forgotwhoiam. I enjoyed reading it.

      It was interesting that FDR’s reforms which, along with a war, brought us out of a catastrophe brought on by an unregulated Wall Street and continued on until Reagan and his ilk did everything they could to take those reforms away. And it continues on today with outsourcing to destroy collective bargaining.

      The working middle class is the backbone of this country, whether it be for labor or conscription. You’ll not protect what assets you have without them.

  2. Virtually all socialists have one thing in common. They are underachieving failures and want money from people who have achieved. Resentful is no way to go through life.

  3. Ayn Rand took federal retirement benefits?! Too funny. It’s as if she forgot who she was by being selfish. forgotwhoiam, what’s your opinion on losing one’s soul?


    “Her books provided wide-ranging parables of “parasites,” “looters” and “moochers” using the levers of government to steal the fruits of her heroes’ labor. In the real world, however, Rand herself received Social Security payments and Medicare benefits under the name of Ann O’Connor (her husband was Frank O’Connor).

    [She] called altruism a “basic evil” and referred to those who perpetuate the system of taxation and redistribution as “looters” and “moochers.” She wrote in her book “The Virtue of Selfishness” that accepting any government controls is “delivering oneself into gradual enslavement.””

  5. “We don’t practice “free”-market capitalism in this country.”


    I’d groan too, if I were you. It must hurt.

    The quote above is a fact and is not subject to debate. I’d love to engage in a battle of wits but not with an unarmed opponent.

    The writings of the Founders and the Preamble, Constitution and Bill of Rights limit government to security and infrastructure and provide freedom and free enterprise, without governmental interference, to citizens.

    Justice, Tranquility, Common Defence, Promote General Welfare (roads, utilities, not individual welfare).

    The “blessings of liberty to ourselves and our posterity,” NOT to government, which was deliberately omitted from that sentence.

    Bailouts, “stimulus,” floated currency, printing worthless dollars and all of the fraudulent acts of the Fed/Treasury Complex are unconstitutional, as are central planning, control of the means of production, social engineering and redistribution of wealth (in any form). Free markets love business failures. Mr. Market voraciously eats up company assets as book value and piles those assets into future endeavors. Throw a carcass into the forest and bio-recycling will begin immediately – the maggots will be all over it. Again for your permanent edification, bailouts are illegal, unpreambular and unconstitutional.

    The Federal Reserve Act was LIMITED and charged the Fed with providing the “utility of the currency” and assuring reserves by an organization of the industry. The Federal Reserve Board and Treasury are in criminal “overreach.” The Fed has been corrupted (Fed/Treasury Complex) far worse than the Supreme Court which now cavalierly commingles the definitions of words of the English language, such as “state” and “federal.” An amorphous global cabal, above the pay-grade of the ineligible, imposter ensconced in the office of the president, has illegally manipulated every extant financial and economic lever for its own benefit.

    The Communist Manifesto came 59 years after the American founding documents, is different and does not prevail in America. Individual freedom does. Collectivism does not. Private property rights preclude government mandates regarding possession and disposition of private property. The government cannot take private property from one man to give private property to another. That is an obvious contradiction. Government may tax for governmental operations.

    Roosevelt was a reluctant communist. His administration was infested with communists. Alger Hiss, et al. were convicted as a communists. The Witness, Whitaker Chambers, is obviously factual history that you have chosen not to read; history you choose not to know.

    Roosevelt, himself, understood that Social Security was a TEMPORARY and extreme measure of communist redistribution of wealth – aside from being a ridiculous Bernie Madoff scheme that substantially benefited the first participants in, and became an unsustainable burden to the last ones out.

    Funny thing. China has adopted the restricted-vote republic of the American founders. China is a free enterprise juggernaut that is gobbling up the world like Pac Man. The Founders established representative government with criteria applied to the vote in 1789. The governance they described in writing and practiced in daily life did not include any governmental control of industry or any form of redistribution of wealth. Private charity was vibrant. Government FACILITATED freedom and free enterprise were comprehensive and total.

    The American Thesis is Freedom and Self-Reliance.

    Control of free people’s businesses is pure corruption.

    Redistribution of wealth is counterproductive and foolish.

    “Give a man a fish, you feed him for a day.

    Teach a man to fish, you feed him for a lifetime.”

    Charity is honorable.

    You should open a private charity.

  6. Steve,
    We don’t practice “free”-market capitalism in this country. Ayn Rand’s objectivist view would reject our governments hyper-regulation of industry as it limits the incredible opportunity for growth, wealth and prosperity achievable by people free to pursue their own happiness. This ‘controlled’ environment directs success to those few in the private sector with the connections that influence regulation. The rest of us are left trying to navigate our way to happiness limited by economic forces beyond our control.

    Wealth redistribution is not the answer as it doesn’t address the root cause. We aren’t in this predicament because people want to succeed. We are in this predicament because we elect (and reelect) people that promise stuff they cannot possibly deliver without taking from one and giving to another. We naturally look after our own interests and we only need government to secure each individuals natural right to pursue those interests. Where government fails is when they arrogantly believe they are smarter than the market forces.

    This abuse of authority exists because our culture accepts this abuse when it doesn’t harm them. As long as they get what they want then all is right in the world. This is how we regress as a culture and this is why elections have consequences. If government stuck to the original plan then each election would be about which ideas were perceived to move our nation towards becoming “a more perfect union”. Instead, we vote out of fear that the next regime won’t act on behalf of our own self-interest. Rand’s philosophy is about rational self-interest but that interest must stop at the point it infringes the rights of others.

    1. Olly writes, “We are in this predicament because we elect (and reelect) people that promise stuff they cannot possibly deliver without taking from one and giving to another.”

      A well-thought out post. Thanks for it, though I’m afraid we’ll just have to disagree.

      Your quote goes to a symptom of the problem. Our elected officials are just keeping promises to their lords while in office so that they can stay in office, yet you want no regulation. “When the regulation, therefore, is in support of the workman, it is always just and equitable; but it is sometimes otherwise when in favour of the masters” (Adam Smith).

      For example, the effect of taking a dollar of tax from the poorest of the poor is not the same as taking a dollar of tax from the wealthy. And please be reminded that it wasn’t regulation that caused the 2008 recession, it was lack thereof. Yet you advocate no regulation. Even Greenspan had to admit he was wrong with regard to deregulation which created the financial services industry.

      You’ll need to explain why Germany and the Scandinavian countries with their vastly superior social services including one form or another of universal healthcare have less unemployment than the US.

      If you’re a constitutionalist, you’ll also need to explain the Taxing and Spending Clause’s crystal clear provision for spending on both the “common Defense” and “general Welfare of the United States[,]” not just the former.

      I believe the problem in a nutshell is who controls the money, and therefore the government and industry. Is it the wealthy or is it the People? So long as a wealthy few control the money, we’ll have war to protect their interests at the expense of the People, and that’s why so many have died overseas in the past century. And so long as we have a wealth-based economy wherein the majority shareholders control the corporation by law as opposed to the democratic vote of its employees, profit, again by law, will continue to be the primary corporate purpose at the expense of those employees and the general public.

  7. stevegroen

    Did you say they’re NOT racist?


    “Death is sweeter than to continue to live and bury our children, while white folks give the killer hamburgers.

    “Death is sweeter, than watching us slaughter each other, to the joy of a 400-year-old enemy. Yes, death is sweeter.

    “The Quran teaches persecution is worse than slaughter. Then it says, ‘Retaliation is prescribed in matters of the slain.’ Retaliation is a prescription from God, to calm the breast of those whose children have been slain.

    “So if the federal government will not intercede in our affairs, then we must rise up and kill those who kill us. Stalk them and kill them and let them feel the pain of death that we are feeling.”

    – Louis Farrakhan


    Sean Mullen, insane dreamer
    Bowen Li, Made in China

    In my experience in talking with Chinese in China, yes, Chinese are racist… (they) stereotype races without thinking anything of it. (“Americans are fat”, “Africans are strong but unintelligent”, “Indians are dirty”, “Germans are the best engineers”, “Japanese are bloodthirsty killers” [at least according to the movies/shows endlessly showing on CCTV]) This sort of stereotyping is prevalent within China as well (“Shanghainese are money-hungry snobs”, “Henan people are liars and cheaters”, “Urghurs are thieves”, “Zhejiang people are smart but crooked businessmen”, “southerners are lazy”, “Hebei people are peasants”, “东北 women are beautiful”, etc. — as you may have guessed, I live in Beijing :)).

    – Internet Anedote On Chinese Racism


    And you said, “Our system of capitalism is rigged.”

    It is so “rigged” that ANY PERSON in America can get a job, save money, invest in real estate, stocks, bonds, precious metals, or any financial instrument they like, and, over time, make money. Get two jobs; make twice the money; sacrifice and make 10 times.

    The more they make, the more they save, the more they invest, the more they’re worth in the end.

    That’s American Free Enterprise.

    Without the welfare state of the collectivist/socialist/progressive/communist/liberal/democrat parasites, investors would be TWICE as rich.


    My daughter is 30 with a state college MBA and is doing very well indeed with a Fortune 500 company job, investments, retirement and a house – by herself. At this rate, she’ll be very comfortable at 55.


    You, Sir, are a liar.

    The only rigging to American Free Enterprise is hard work and you communist parasites.

    Sorry. I’m passionate about hard work, sacrifice, saving and investing.

    1. Forgotwhoiam: Yours is a fitting screen name.

      The problem with arguing how well your daughter is doing is that her success is unachieveable for the overwhelming majority of the other 300 million here. Sure, a lucky few get through to a modicum of financial freedom. And those of the Ayn Rand variation of this theme are willing to use everyone’s back as a ladder for themselves.

      So-called American free enterprise has quashed FDR’s reforms by calling everyone who isn’t on board communists, outsourcing jobs to kill collective bargaining, and bailing out to the tune of $50 billion General Motors, for instance, while at the same time decimating cities like Detroit. American free enterprise my arse: it’s a self-serving sell-out.

      Hopefully, with the next bailout, they’ll take enough of your savings to wake you up.

  8. forgotwhoiam writes: “Can I be honest here? Black, brown and yellow people are the most racist on earth with Europeans and Americans bringing up the rear, based on sheer numbers, or a lack thereof.”

    Unfortunately, no, you do not understand how to be honest.

    Olly: I agree with de Toqueville’s quote, but I don’t know much about his politics. My opinion as to what is going on:

    Our system of capitalism is rigged. The major shareholder in a corporation has the most power, and corporations’ primary purpose is to maximize profit. Right? As a result, ours is not a democracy; it’s a plutocracy, modern feudalism.. This in and of itself has us peons fighting amongst ourselves as to whose patriotism better serves our masters. We serve without thinking because we have to eat.

    And it’s not the government we’re serving, it’s the wealthy who own the government. 90% of the wealth here is owned by just 10% of the population? ‘uck ’em.

    Democratize enterprise as Richard Wolff teaches, and the wealthy can’t control us any longer. This makes a lot of sense to me. Otherwise we see that ignorant “flock of timid and industrious animals” busting down the doors at pot clubs.

  9. Remember:
    It’s never illegal when police do it and…
    … The police are always the victim when they victimize someone else.

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