April 12, 2013 Watch out for these crazy Protect & Serve Scum Bags. You may be next on there killing list!
A Coffee County jury convicted embattled Douglas Police Department officer Richard (Rick) Smith on Thursday, March 28, in Coffee County Superior Court. Smith was convicted on two counts of perjury (felonies), one count of aggravated assault (felony), and one count of simple battery (misdemeanor) and was immediately remanded to jail until a sentencing hearing, which is set for Tuesday, April 2.
A Coffee County grand jury indicted Smith in late December of last year. The two counts of perjury stem from Smith lying to Superior Court Judge Dewayne Gillis on two occasions during a judicial proceeding, and the two separate assault counts stem for an incident that occurred in July of 2012 when Smith went to the home of a local man and threatened him while possessing a handgun.
Smith was terminated by the Douglas Police Department (DPD) in September of 2012 by DPD Chief Gary Casteloes after a lengthy Internal Affairs investigation that revealed multiple city and departmental policy infractions, including theft of time, insubordination, and an alleged extra-marital affair with a fellow DPD employee.
agents come into your house or into your workplace. unless they have a search warrant. Politeness aside, the wisest policy is never to let agents inside. They are trained investigators and will make it difficult for you to refuse to talk.Once inside your home or office, just by looking around, they can easily gather information about your lifestyle,organization, and reading habits.
The right to be free from “unreasonable searches and seizures” is based on the Fourth Amendment lo the Constitution. This Amendment is supposed to protect against government access lo your mail and other written communications, telephone and other conversations. Unfortunately, it is difficult to detect government interference with writings and conversations. Modern technology makes it difficult to detect electronic surveillance on a telephone line, other listening devices, or cameras that record whatever occurs in a room. Also common are physical surveillance (such as agents following in car or on foot), mail covers, and informers carrying tape recorders.
What should I do if police, FBI, or other agents appear with an arrest or search warrant?
Agents who have an arrest or search warrant are the only ones you are legally required to let into your home or office. Youshould ask to see the warrant before permitting access. And you should immediately ask to call a lawyer. For your ownphysical safety you should not resist, even if they do not show you the warrant, or if they refuse to let you call your lawyer.To the extent permitted by the agents conducting a search, you should observe the search carefully, following them andmaking mental or written notes of what the agents are doing. As soon as possible, write down what happened and discuss itwith your lawyer.
What should I do if agents come to question me?
Even when agents come with a warrant, you are under no legal obligation to tell them anything other than your name andaddress. It is important, if agents try to question you, not to answer or make any statements, at least not until after you haveconsulted a lawyer.Announce your desire to consult a lawyer, and make every reasonable effort to contact one as quickly as possible. Yourstatement that you wish to speak to the FBI only in the presence of a lawyer, even if it accomplishes nothing else, should putan end to the agents’ questions. Department of Justice policy requires agents to cease questioning, or refrain fromquestioning, anyone who informs them that he or she is represented by a lawyer. To reiterate: upon first being contacted byany government investigator the safest thing to say is, “Excuse me, but I’d like to talk to my lawyer before I say anything toyou.” Or, “I have nothing to say to you. I will talk to my lawyer and have her [or him] contact you.” If agents ask for yourlawyer’s name, ask for their business card, and say you will have your lawyer contact them. Remember to get the name,agency, and telephone number of any investigator who visits you. If you do not have a lawyer, call Movement SupportNetwork Hotline (212) 477-5652, or call the local office of the National Lawyers Guild.As soon as possible after your first contact with an investigator, write a short memo about the visit, including the date, time,location, people present, any names mentioned by the investigators, and the reason they gave for their investigation. Alsoinclude descriptions of the agents and their car, if any. This may be useful to your lawyer and to others who may becontacted by the same agents.After discussing the situation with your lawyer, you may want to alert your co-workers, friends, neighbors, or politicalassociates about the visit. The purpose is not to alarm them, but to insure that they understand their rights. It might be agood idea to do this at a meeting at which the history of investigative abuse is presented.
If I don’t cooperate, doesn’t it look like I have something to hide?
This is one of the most frequently asked questions. The answer involves the nature of political “intelligence” investigationsand the job of the FBI. Agents will try to make you feel that it will “look bad” if you don’t cooperate with them. Manypeople not familiar with how the FBI operates worry about being uncooperative. Though agents may say they are onlyinterested in “terrorists” or protecting the President, they are intent on learning about the habits, opinions, and affiliations of people not suspected of wrongdoing. Such investigations, and the kind of controls they make possible, are completelyincompatible with political freedom, and with the political and legal system envisaged by the Constitution.While honesty may be the best policy in dealing with other people, FBI agents and other investigators are employed toferret out information you would not freely share with strangers. Trying to answer agents’ questions, or trying to “educatethem” about your cause, can be very dangerous — as dangerous as trying to outsmart them, or trying to find out their realpurpose. By talking to federal investigators you may, unwittingly, lay the basis for your own prosecution — for giving falseor inconsistent information to the FBI.
It is a federal crime to make a false statement to an FBI agent or other federal
A violation could even be charged on the basis of two inconsistent statements spoken out of fear or
Are there any circumstances under which it is advisable to cooperate with an FBI investigation?
Never without a lawyer. There are situations, however, in which an investigation appears to be legitimate, narrowly focused,
and not designed to gather political intelligence. Such an investigation might occur if you have been the victim of a crime, orare a witness to civil rights violations being prosecuted by the federal government. Under those circumstances, you shouldwork closely with a lawyer to see that your rights are protected while you provide only necessary information relevant to aspecific incident. Lawyers may be able to avoid a witness’ appearance before a grand jury, or control the circumstances of the appearance so that no one’s rights are jeopardized.
How can grand juries make people go to jail?
After being granted immunity and ordered to testify by a judge, grand jury witnesses who persist in refusing to testify canbe held in “civil contempt.” Such contempt is not a crime, but it results in the witness being jailed for up to 18 months, orthe duration of the grand jury, whichever is less. The purpose of the incarceration is to coerce the recalcitrant witness totestify. In most political cases, testifying before a grand jury means giving up basic political principles, and so the intendedcoercion has no effect — witnesses continue to refuse to testify.Witnesses who, upon the request of a grand jury, refuse to provide “physical exemplars” (samples of handwriting, hair,appearance in a lineup, or documents) may also be jailed for civil contempt, without having been granted immunity.The charge of “criminal contempt” is also available to the government as a weapon against uncooperative grand jurywitnesses. For “criminal contempt” there is no maximum penalty — the sentence depends entirely on what the judge thinksis appropriate. Charges of criminal contempt are still rare. They have been used, however, against Puerto Rican
especially those who have already served periods of incarceration for civil contempt.
Is there any way to prevent grand jury witnesses from going to jail?
There is no sure-fire way to keep a grand jury witness from going to jail. Combined legal and community support oftenmake a difference, however, in whether a witness goes to jail and, if so, for how long. Early awareness of people’s rights torefuse to talk to the FBI may, in fact, prevent you from receiving a grand jury subpoena. If the FBI is only interested ingetting information from you, but not in jailing you, you may not receive a grand jury subpoena.
What can lawyers do?
A lawyer can help to ensure that government investigators only do what they are authorized to do. An attorney can see to itthat you do not give up any of your rights. If you are subpoenaed to a grand jury your lawyer can challenge the subpoena in
court, help to raise the political issues that underlie the investigation, and negotiate for time. Your lawyer can also explain to
you the grand jury’s procedures and the legal consequences or your acts, so that you can rationally decide on your
A law enforcement official can only obtain your name and address if he or she has a reasonable suspicion to believe thatyou have committed or are about to commit a crime [
]. Thus, if an FBI agent knocks at your door you do not have toidentify yourself to him; you can simply say “I don’t want to talk to you,” or “You’ll have to speak to my lawyer,” and thenclose the door. An FBI agent, unlike a local police officer, does not have jurisdiction to investigate violations of state statute.First Edition published March 1985.
Center for Constitutional Rights
853 Broadway, 14th FloorNY, NY 10003(212) 674-3303
The Center for Constitutional Rights (CCR) is a non-profit legal and educational corporation dedicated to advancing andprotecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights.Contributions to the CCR are tax-deductible.Additional copies or this publication can be ordered from the Center for Constitutional Rights at the address above. Yourcomments about this publication will be appreciated and will be useful in preparing future editions.This pamphlet was prepared by The Movement Support Network with the help of Linda Backiel, Joan Gibbs, Jonathan NedKatz, Margaret L. Ratner, Audrey Seniors, and Dorothy M. Zellner.
Photographs: Maddy Miller
Final Report of the Senate Select Committee to Study Governmental Operations,
94th Congress, 2dSession, Report No. 94-7552.2 See
e.g. United States v. Hensley,
83 L. Ed. 2d 604 (1985);
Kolander v. Lawson,
461 U.S. 352 (1983);
443 U.S. 47 (1979)