TRANSCRIPT OF VIDEO
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DETAILED TIMELINE OF EACH VIOLATION OF THE CONSTITUTION
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Ofc. Joy: “You were looking into this car over hear, and you were looking into this one too just
want to make sure it’s yours and all.” Citizen: “Cool.” Officer: Fino (Fino yells), “What’s up!!!” Citizen: “How you doing?” Ofc. Joy: “Do you have a driver’s license or anything on you?” Citizen: “Yes I do. Ofc. Joy “Mind if I see it?” Citizen: “Yes I do.” Ofc. Fine “We need to see it.” Citizen: “Why is that?” :23 Ofc. Joy “We got to make sure it’s your van.” Ofc. Fino : “Excuse me!!! :28 Ofc. Fino: “Oh are we going to go in hand cuffs.” Citizen: “What’s your name officer?” Ofc. Fino: “Do you want to go in hand cuffs, yes or no?” Citizen: “What’s your name officer?” Ofc. Fino: “Yes or No?” :38 Ofc. Fino: “What do we want to do today?” Citizen: “Why are you threatening me like this officer?” Ofc. Fino: “Stand over here.” Citizen: “Why are you threatening me? Ofc. Fino: “Stand over hear? :45 Ofc. Fino: “No one is threatening you. Kay. I asked you for something okay, you look like you are under the influence to me.” Ofc. Fino “Have you been using drugs today?” Citizen: “No I haven’t.” Ofc. Fino: “Have you been drinking?” Citizen: “ No I haven’t.” :56 Ofc. Fino: “Why are you acting like this, paranoid?” Citizen: “Because your threatening me, that’s why.” Ofc. Fino: “No one is threatening you to do anything.” Citizen: “Officer Joy and Officer, what’s your name officer? 1:04 Ofc. Fino yells: “Officer Fino!!!” Citizen: “Fino” Ofc. Fino: Ya, you good with that?” Citizen: “You’re assaulting me officer.” 1:09 Ofc. Fino: “I’m not assaulting you. Okay, do you understand that?” Ofc. Fino: “Your car has been here longer than 72 hours.” Citizen: “It has a permit.” Ofc. Fino: “It does not have a permit to be on the street longer than 72 hours, that is a municipal code of the city of Palo Alto, do you understand that?” Ofc. Fino: “Would you like a citation for that or would you like to cooperate with us, what would you like to do today?” 1:35 Ofc. Fino: “Alright” Ofc. Fino: What would you like to do today?” Citizen: What do you want me to do officer?” Ofc. Fino: He asked you for something, okay.” Ofc. Joy: “See your drivers license.” 1:44 Ofc. Joy: “We got to figure out who you are and make sure this van belongs to you, can we see some…” Ofc. Fino: “You have multiple violations with this van here and that’s why we’re here to either give you a citation or give you a warning, which would you prefer? Ofc. Fino: “Can you afford a citation, or would you like a verbal warning?” 2:01 Citizen: “I’m going to give you my, I’m, I’m going to give you my license under duress, under duress of arrest. Ofc. Fino: “That’s fine.” Citizen: “Okay, this is illegal” Ofc. Fino: “That’s fine” Ofc. Fino: “Where’s your license at? Break it out.” Ofc. Fino: “He asked you for it.” |
These statement by Officers Joy and Fino about looking into cars are false statements used to justify a "Terry Stop." Even if the accusation were true its still NOT a "reasonable suspicion" that a crime has occurred or was about to occur and therefore were not legally justified in detaining the citizen based upon the accusation. Ofc. Fino's exaggerated yell escalates the interaction from begign to one that is hostile for no apparent reason other than to be a bully and to violate the Constitution. Ofc. Joy acknowledges that the reason why he needs the citizen's identification is NOT to write a ticket for a cracked a windshield but to find out if the van is the citizen's or not. Ofc. Joy has no legal authority to find out if the vehicle is the citizen's or not for it does not matter if the vehicle is the citizen's or a friend of the citizen's, the police do not go up and down the streets detaining any or all citizens whom they see accessing parked vehicles because that is clear violation of the 4th Amendment. The citizen was lawfully justified in refusing to hand over his identification and not cooperating with the officers' violation of the Constitution who were demanding it in violation of the 4th Amendment. At this point Ofc. Fino threatens the to place handcuffs on the citizen because the citizen refused to provide identification even though the citizen was lawfully justified in not doing so. This act of threatening to place handcuffs on the citizen is an unlawful assault. At this point Ofc. Fino forcefully grabs the citizen and physically moves him several feet. This act constitutes an unlawful battery. Ofc. Fino's verbal and physical actions in concert with the UnConstittuional/unlawful detention and current battery of the citizen constitutes a second violation of assault. At this point Ofc. Fino pushes his body into the body of the citizen with significant force pinning the citizen to the front of the vehicle. This physical contact constitutes a second unlawful battery. Officer Fino continues this physical assault and battery for approximately to 61 seconds, the 2:11 mark the video. ) Ofc. Fino threatens to cite the citizen for parking his car on the street for longer than 72 hours, Palo Alto Municipal Code 10.36.030. However this code does not ascribe a citation for the violation but the removal of the vehicle from the street. Furthermore before a vehicle can be removed/towed for violating 10.36.030 a Notice of the violation and the potential of towing, a Warning, must have been affixed to the vehicle 72 hours prior to the vehicle being towed, Subsection (c) of Municipal Code 10.36.030. No such warning/notice had been affixed to the vehicle in question. So once again Ofc. Fino falsely accused the citizen of violating an ordinance when the citizen was not in violation of the ordinance. The fact that Officers Fino and Joy did not tow the vehicle is proof that the vehicle was not in violation of P.A. Muni-Code 10.36.030 One minute and 44 seconds into the interaction with the police officers Ofc. Joy confirms the reason for demanding the citizen's identification for a second time, that being he wants to find out who the citizen is which a direct admission of violating the 4th Amendment of the U.S. Constituion, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Ofc. Fino asserts that there are multiple violations yet he does not identify these violations. TWO minutes into the interaction with the officers the citizen has not been informed of any legal reason why he should provide his identifiction yet hands over his identification to the officers out of fear of being beaten by Ofc. Fino and then falsely charged with resisting arrest just as Ofc. Fino had done to a citizen in 2015. It is not until 2 minutes and 30 seconds into the interaction and after the citizen had already been unlawfully coerced to hand over his identification die Ofc. Fino mention the cracked windsheild. If it was such a problem and was so noticiable than Ofc. Fino would have noticed it when he walked in front of the window two and half minutes earlier. |
Photographing or recording an officer is not resisting arrest
In 2015, the California legislature amended Penal Code 148 PC to clarify that photographing or making an audio or video recording of a police officer will not by itself support resisting arrest charges--as long as the officer is in a public place and the person doing the photographing or recording is in a place where s/he has the right to be. Photographing or recording an officer under these circumstances also does not provide grounds for police to detain or arrest a person.16
Now that so many people carry cell phones with cameras and video recorders, ordinary citizens have the ability to record officers engaged in police misconduct. Fortunately, PC 148 makes it clear that exercising this right will not lead to a conviction for resisting arrest.
https://www.shouselaw.com/resisting-arrest.html
The elements of criminal assault in California
For a defendant to be convicted in a criminal jury trial of assault under PC 240, all of the following must be true:
https://www.shouselaw.com/assault.html
The legal definition of battery in California is as follows:
Let's look more closely at the key terms of the definition of battery in order to better understand their meaning.
Touched someone else
The legal definition of battery merely requires that you make physical contact with another person—not that you cause any injury to him or her. In fact, the slightest touching can be a battery.10
https://www.shouselaw.com/battery.html
In 2015, the California legislature amended Penal Code 148 PC to clarify that photographing or making an audio or video recording of a police officer will not by itself support resisting arrest charges--as long as the officer is in a public place and the person doing the photographing or recording is in a place where s/he has the right to be. Photographing or recording an officer under these circumstances also does not provide grounds for police to detain or arrest a person.16
Now that so many people carry cell phones with cameras and video recorders, ordinary citizens have the ability to record officers engaged in police misconduct. Fortunately, PC 148 makes it clear that exercising this right will not lead to a conviction for resisting arrest.
https://www.shouselaw.com/resisting-arrest.html
The elements of criminal assault in California
For a defendant to be convicted in a criminal jury trial of assault under PC 240, all of the following must be true:
- The defendant did something that was likely to result in the use of force against someone else;
- The defendant did so willfully;
- The defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person; and
- When the defendant acted, s/he had the ability to apply force to the other person.2
https://www.shouselaw.com/assault.html
The legal definition of battery in California is as follows:
- You touched someone else,
- Willfully,
- In a harmful or offensive manner.8
Let's look more closely at the key terms of the definition of battery in order to better understand their meaning.
Touched someone else
The legal definition of battery merely requires that you make physical contact with another person—not that you cause any injury to him or her. In fact, the slightest touching can be a battery.10
https://www.shouselaw.com/battery.html
How to guide for police officers to violate the 4th Amendment Right of Citizens to be FREE from unreasonable searches and seizures
So you have profiled a person as being of low economic status, a minority or homeless and want to run his identification to see if he/she has a warrant or any other particular reason that you want to remove the person from your town or city and are unable to do so because the "Rule of Law" and the Constitution prevents you from doing so. |
Step One: Falsely accuse the citizen of doing something that is criminally suspicioius in nature.
In this incident, Officers Fino and Joy, falsely accused the citizen of looking into the car parked in front of the citizen’s car and the citizen’s own car.
Basically these two cops were insinuating that the citizen was looking into the car parked next to his own as well as his own car in order to commit so criminal act.
The problem with this particular scenario is that there is no evidence that the citizen was looking into any cars including his own car as falsely asserted to by the officers.
Should the citizen refuse to comply with the officers illegal order than move to step two.
Step Two: Become extremely hostile toward citizen and threaten citizen with arrest unless citizen hands over identification.
Step Three: If at this point should citizen continue to exercise his/her Constitutional right to be free from unreasonable searches and seizures accuse the citizen of violating muni-code or vehicle code even though the citizen is not in violation of said code.
Step Four: Should the citizen state that he or she is not in violation of the code cited and continues to refuse to hand over identification as is the citizen’s right under the 4th Amendment; accuse the citizen of being under the influence of drugs. Any little quivering of fear on the citizen's part is justification to assume that the citizen might be irrationally paranoid and under the influence. This is usually a slam dunk but if for some reason the citizen is completely coherent and you, the officer, are the one beginning to look foolish and unreasonable and inappropriately hostile, quickly move to step five.
Step Five: Should the citizen continue to refuse to hand over identification as is the citizen’s right under the 4th Amendment; physically grab the citizen and move the citizen to another location even if it is just a few feet to which the justification is for officer and citizen safety. If the citizen has an uncontrollable muscle spasm use, such as a tensed arm muscle, during this period that as a justification to use more force upon the citizen and then arrest citizen for “resisting arrest.”
Step Six: During these moments of using illegally contrived, unnecessary and excessive force upon the citizen yell out, “STOP RESISTING!!” several times so that bystanders or witnesses will be influenced your statement into falsely believing that the citizen had resisted you, the police officer, even though the citizen had not. That way when these witnesses give a statement they will erroneously corroborate your, the police officer’s, false narrative to help justify the illegal use of force used upon the citizen and to wrongfully incriminate the citizen of resisting arrest.
Step Seven: If you happened to record the incident on your patrol car video system or body cam, turn them off, delete the video and claim that you forget to turn them on prior to the contact with the citizen.
That’s how you get the minorities, the homeless, the poor and the powerless of the streets when the Constitution prevents you from doing it legally.
(Be on) "guard against the impostures of pretended patriotism;.." George Washington
Palo Alto Police Officer Daniel Fino
A Representative for the City of Palo Alto, California and the United States. |
If the police can walk up to you and instigate a physical altercation to justify beating you up and charge and prosecute and convict you with resisting arrest by using false evidence in order to cover up their own crimes with impunity than you're Not Free and you do not live in a nation of freedom. That's what Ofc. Daniel Fino attempted to do to do to the citizen in the video and that is what the Palo Alto Police did to to the citizen in 2008.
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Above is a video of Palo Alto Police Officer Daniel Fino verbally and physically bullying and assaulting a United States Citizen so that he could find out who that citizen is in violation of the Constitution's guarantee to be FREE from unreasonable searches and seizures, the 4th Amendment.
One: Keep in mind that the accusation of looking into cars was false, a lie used to justify approaching the citizen who had only just approached his own vehicle and opened the door to his own vehicle when Officer Fino and Officer Joy rushed down the street toward the citizen upon seeing the citizen open his car door.
Two: Ofc. Joy makes it clear as to why he and Ofc. Fino want to see the identification and that is to find out who the citizen is, see the 23 mark and 1:44 mark of the video. The reason was not because the citizen was violating any municipal code for it is unnecessary to demand identification for a parking violation, additionally the citizen was not in violation of the 72 hour tow violation. Three: Rather than answer the Citizen's question as to what lawful justification Ofc. Fino has in demanding the citizen's identification Ofc. Fino threatens to arrest the citizen by threatening to place hand-cuffs on the citizen unless the citizen provides identification. Ofc. Fino then lies when he says that he is not threatening the citizen. Four: Ofc. Fino physically grabs and manhandles the citizen and then uses his entire body to physically pin the citizen up against the front of the vehicle for approximately a minute during which time Ofc. Fino again falsely states that he is not assaulting/(battering) citizen with his body.
Five: Ofc. Fino asks the citizen why the citizen is acting paranoid. The citizen is paranoid because the citizen knows that Ofc. Fino can initiate a physical altercation without provocation and beat the citizen causing serious injury to the citizen and then arrest the citizen for resisting arrest even though the citizen had not resisted in any manner and then cover up his unlawful assault and battery and false accusation by destroying, editing and falsifying the police videos and other evidence. That is why the citizen is paranoid and instilled with fear due to Ofc. Fino's Unconstitutional behavior. In fact Ofc. Fino was involved in an very similar incident in 2015 in which a person was beaten suffering a broken eye socket and charged with resisting arrest. The two officers who were supposed to be recording the incident, Philip and Fino, did not record the incident. The DA decided not to press charges against the citizen due to contradictory stories. Read Story Here: https://padailypost.com/2019/04/11/newly-released-police-records-detail-violent-takedown-of-shoplifting-suspect/ |
Ask yourself this question, if officer Fino were to do to you what he did to the citizen in this video would
you consider yourself as being FREE as living in a FREE Nation? "The first to state his case seems right until another comes forward and examines him." Proverbs 18:17
Above is Palo Alto Police Chief Robert Jonsen. Ofc. Fino can get away with destroying the U.S. Constitution and eviscerating American Liberty because Chief Jonsen not only condones the violation of the U.S. Constitution for Chief Jonsen actually implemented police policy and practices that violated the Constitutional rights of minorities, African Americans, the poor and the powerless when he was Chief of the Lancaster Sheriff Station in Los Angeles. The U.S Justice Department condemned Chief Jonsen's racist policies and practices.
See all of the evidence here: https://corruptpaloaltopolice.weebly.com/jonsen-and-keene.html Six: The more important reason as to why the citizen in this video is paranoid is because several years earlier members of the Palo Alto Police actually did falsely arrest and use excessive force upon this citizen without provocation and then edited four audio/video recordings to cover up their actions while wrongly attempting to incriminate the citizen of a crime by using a professionally edited and falsified video.
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All of the Evidence that proves that the prosecutors from the Santa Clara DA conspired with the police can be viewed here: https://jeffrosenda.weebly.com/da-cover-up.html
The other reason why the citizen is paranoid of Ofc.Fino's actions is because the Palo Alto Polce have relentlessly sought ways to entrap and frame this citizen for a crime in retaliation for exposing their corruption. In fact the video above is strong evidence that that was what Ofc. Fino was actually up to doing.
Members of the Palo Alto Police have slandered and spread false rumors about this citizen to demonize and vilify this citizen who has exposed their corruption. The PAPD has gone so far as to solicit the aid of ex-cons, felons, parolees, probationers, juvenile delinquents, gang bangers, the homeless, business owners and employees in numerous attempts to entrap and frame this citizen in an attempt to silence this citizens from exposing their corruption. Audio from one of their informants threatening this citizen: https://www.youtube.com/watch?v=TbhNnfsBGkY |
1) https://corruptpaloaltopolice.weebly.com/false-arrest.html
2) https://corruptpaloaltopolice.weebly.com/ 3) https://chiefburns.weebly.com/retaliation.html 4) https://corruptpaloaltopolice.weebly.com/adrienne-moore.html There have been a minimum of 7 separate incidents between the Palo Alto Police and citizens in which 12 recording devices used by the Palo Alto Police failed to record those interactions. https://corruptpaloaltopolice.weebly.com/missing-videos.html |
Pattern and Practice of Numerous incidents in which the Palo Alto Police have engaged in unethical and illegal behavior:
https://corruptpaloaltopolice.weebly.com/pattern-and-practice.html
https://corruptpaloaltopolice.weebly.com/pattern-and-practice.html