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Old 08-30-2011, 10:17   #1
frank_drebin
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warrant-less “protective sweep” gets expensive for the Lumpkin Co SO

Interesting story out of the local paper. The summary of the story is that Geoffrey Asher sped passed a deputy. That deputy followed him or pursued him to Mr Asher's residence where he then confronted the Plaintiff.

It got ugly after that...

Guns drawn, backup called, warrant-less search of property, etc...

A Federal Jury found that Mr Asher's 4th Amendment rights had been violated by the SO.

Six years of legal fees, punitive damages, compensatory damages going to Mr Asher now.

http://www.thedahloneganugget.com/ar...20lawsuits.txt

Last edited by frank_drebin; 08-30-2011 at 10:20..
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Old 08-30-2011, 10:26   #2
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I wonder how long the deputy was behind him and he didn't realize it?
Rather broad on the protective sweep though.
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Old 08-30-2011, 10:30   #3
frank_drebin
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Originally Posted by BamaTrooper View Post
I wonder how long the deputy was behind him and he didn't realize it?
Rather broad on the protective sweep though.
Yeah, if you've got kids, like I do, then you know Mr Asher was probably quite aware of what was happening as he pulled in to his driveway.

Last edited by frank_drebin; 08-30-2011 at 10:31..
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Old 08-30-2011, 10:33   #4
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Quote:
Originally Posted by frank_drebin View Post
Yeah, if you've got kids, like I do, then you know Mr Asher was probably quite aware of what was happening as he pulled in to his driveway.
I'm sure.
Still, the house sweep? I don't know how the reached that far on what info the article relayed.
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Old 08-30-2011, 10:52   #5
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As a retired police officer, I'm never sorry to see rulings that go against any person or department that violates someone's rights. And it appears that is what happened here, at least as far as the court was concerned.

Proper training, the duty to hire people other than one's son in law or any other relatives, and ensuring that only properly trained and competent people are behind the badge is the responsibility of any department that cares about quality service to its community. The days of giving "Bubba" a gun and badge and telling them to get after it...... are long gone. It's their job to supply their communities with quality trained and properly educated officers. Rulings such as this are hard on a community, but at least it shows them that they alone are responsible for the people they place in charge of their own law enforcement. Can't be electing/hiring Joe Blow the rag man and expect to get top notch people to police them. First rate people hire first rate officers, even if they are better than their selves. Second rate people will always hire second rate subordinates.




As to the few folks who apparently hate anyone being able to "tell them what to do" and evidently dislike any type of "authority", it's what the society and community you live in have chosen and it's what those people have paid the good and decent officers to do.......so live with it or find yourself a rock to live under, eh?





Just my opinion.
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Old 02-04-2013, 12:43   #6
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Originally Posted by Carrys View Post
. The days of giving "Bubba" a gun and badge and telling them to get after it...... are long gone.
Not in rural Georgia. Not by a long shot.

Quote:
It's their job to supply their communities with quality trained and properly
educated officers. Rulings such as this are hard on a community, but at least it
shows them that they alone are responsible for the people they place in charge
of their own law enforcement.
Bull ****. The Sheriff hires his deputies, not the community.

Quote:
As to the few folks who apparently hate anyone being able to "tell them what to do" and evidently dislike any type of "authority", it's what the society and community you live in have chosen and it's what those people have paid the good and decent officers to do.......so live with it or find yourself a rock to live under, eh?
What about those of us who don't like mongoloid infused armed goon squads wandering around preying on people and getting away with rape, murder, and kidnapping? What would be your feasable and workable suggestion for us?
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Old 08-30-2011, 10:55   #7
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Hmm...the article leaves me confused.

How long was Deputy Cole in pursuit of Asher? Were his lights and sirens activated? Did the deputy call in a pursuit? My biggest question; what did the "protective sweep" entail?

According to the article is sounds like Asher ignored the deputy's attempt to initiate a traffic stop. Once home, Asher further ignored the deputy's commands and entered his home. IMO, the deputy would have been right in pursing the man into this home, detaining him and securing the scene. Apparently, the protective sweep went beyond "plain view doctrine" and into the relm of a search.

I'll admit I'm stretching here trying to find a reasonable explaination why things turned out the way they did. There jsut isn't enough info...
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Old 08-30-2011, 11:05   #8
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What exactly is a "protective sweep"?

-Dana
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Old 08-30-2011, 11:22   #9
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From an story I found quotes from the "Free Republic"

The eight-person jury listened intently as a pair of Asher's neighbor's took to the stand and described what they saw take place on the front-lawn that day.

“I actually sat down in the rocking chair and watched the event,” said Kyle Carroll. “It was quite the neighborhood spectacle.”

Carroll said that he walked onto his back-porch to see Asher sitting on his truck while a deputy pointed a gun in the defendant's direction.

“He had his weapon trained on Mr. Asher,” said Carroll. “Mr. Asher was sitting on his tailgate with his arms crossed.”

Much of this face-off was shown for the jury through the footage from Cole's patrol car dash-cam.

In this video, the vehicle of fellow neighbor and witness Jennifer Green can be spotted as Cole's patrol car raced by her in pursuit of Asher.

“[He] was driving erratically,” she said while on the stand. “Really, really fast. And it caused me actually have to swerve to get out of its way.”

Green added that it did not appear to her that Asher was actually being pursued by the patrol car, since Cole had not turned on a siren.

“I couldn't tell that it was following Mr. Asher's truck,” she said. “It was just far enough apart .. I didn't make the connection.”

Asher himself took to the stand and told the court that he, too, was unaware that Cole was in pursuit of his vehicle that day. He said he was shocked and angered to find a deputy on his front lawn with his gun drawn.

“At that moment I was a bit confused. I did not know what was going to happen. I asked ‘Why are you here?'” he said. “And he screamed he was going to shoot me.'”

As evidenced from the dash-cam, Asher yelled back.

“I got a little annoyed when he wouldn't hostler his gun,” he said, while on the stand.

Asher admitted that he refused to follow the deputy's orders for him to lay down on the ground. Instead he said he was waiting for a commanding officer to take control of the scene.

“My sincere belief and hope was that adult supervision was going to show up,” he said.
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Old 02-04-2013, 12:46   #10
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Quote:
Originally Posted by Agent6-3/8 View Post
Hmm...the article leaves me confused.

How long was Deputy Cole in pursuit of Asher?
About 2 minutes.

Quote:
Were his lights and sirens activated? Did the deputy call in a pursuit?
No and no.

Quote:
My biggest question; what did the "protective sweep" entail?
Armed breaking and entering, vandalization, and burglary. There were a raft of other crimes committed as well. My favorite being manufacturing an SBR.

Quote:
According to the article is sounds like Asher ignored the deputy's attempt to
initiate a traffic stop. Once home, Asher further ignored the deputy's commands
and entered his home. IMO, the deputy would have been right in pursing the man
into this home, detaining him and securing the scene. Apparently, the protective
sweep went beyond "plain view doctrine" and into the relm of a search
.

He didn't attempt to initiate a traffic stop.

Quote:
I'll admit I'm stretching here trying to find a reasonable explaination why things turned out the way they did. There jsut isn't enough info...
They had over 5 years to come up with a reasonable explaination for what they did and they couldn't.

I had retired LEOs working security at the Federal court house come up to me and my attorney and say that they had never been asahmed to be a cop before, but after what they had seen, they wanted to apologize on behalf of good cops.

Last edited by poikilotrm; 02-04-2013 at 12:48.. Reason: Adding a bit
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Old 02-04-2013, 12:39   #11
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Originally Posted by BamaTrooper View Post
I'm sure.
Still, the house sweep? I don't know how the reached that far on what info the article relayed.
It was a punitive act. My real crime was contempt of cop, so they decided to vadalize and rob my home, which they did. They stole about $7000 worth of stuff and trashed the place.
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Old 02-04-2013, 12:38   #12
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Originally Posted by frank_drebin View Post
Yeah, if you've got kids, like I do, then you know Mr Asher was probably quite aware of what was happening as he pulled in to his driveway.
And you would be wrong. The video contradicts your supposition.
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Old 02-04-2013, 12:37   #13
poikilotrm
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Originally Posted by BamaTrooper View Post
I wonder how long the deputy was behind him and he didn't realize it?
Rather broad on the protective sweep though.

Woo hoo! 20 posts! Now I can answer this stuff.

The dash cam video plainly shows that Deputy Sterling Cole was never behind me and never used his lights, siren, or PA system. The video is now included in Georgia POST curriculum as an example of how NOT to do a traffic stop.

The protective sweep was a canard that was repeatedly shown to be false in several court rooms.
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Old 08-30-2011, 10:33   #14
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Good for the homeowner! These kinds of rulings always make my day.
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Old 08-30-2011, 11:38   #15
frank_drebin
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BIGGUNS911.... Please delete the above quote to keep this thread from getting locked.

Last edited by frank_drebin; 08-30-2011 at 12:09..
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Old 09-02-2011, 05:21   #16
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Quote:
Originally Posted by frank_drebin View Post
Interesting story out of the local paper. The summary of the story is that Geoffrey Asher sped passed a deputy. That deputy followed him or pursued him to Mr Asher's residence where he then confronted the Plaintiff.

It got ugly after that...

Guns drawn, backup called, warrant-less search of property, etc...

A Federal Jury found that Mr Asher's 4th Amendment rights had been violated by the SO.

Six years of legal fees, punitive damages, compensatory damages going to Mr Asher now.

http://www.thedahloneganugget.com/ar...20lawsuits.txt

Not much of an article - if they were arresting the guy, a protective sweep was legal, but it may have gone farther than the law allows. Here, that case would have been an arrest and a protective sweep of the immeidate area around him would be perfectly legal under federal/constitutional law.

Coincidentally, I have made exactly the same arrest...of my police chief's 2 nephews...who refused to stop and tried to go in their house after I tried t stop one of them for speeding. I also got sued in federal court, but they both lost blood and had hospital visits and I won the lawsuit. I got sued for beating them, not for the search.
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Old 09-02-2011, 15:37   #17
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Originally Posted by Bren View Post
Not much of an article - if they were arresting the guy, a protective sweep was legal, but it may have gone farther than the law allows. Here, that case would have been an arrest and a protective sweep of the immeidate area around him would be perfectly legal under federal/constitutional law.

Coincidentally, I have made exactly the same arrest...of my police chief's 2 nephews...who refused to stop and tried to go in their house after I tried t stop one of them for speeding. I also got sued in federal court, but they both lost blood and had hospital visits and I won the lawsuit. I got sued for beating them, not for the search.
Did I read this correctly? Are you stating that you got sued for beating two people bad enough to put them in hospital for speeding?
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Old 09-02-2011, 15:46   #18
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Originally Posted by Booker View Post
Did I read this correctly? Are you stating that you got sued for beating two people bad enough to put them in hospital for speeding?
Sounds like he tried to do a speeding stop, it escalated into a failure to yield and a resisting arrest.
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Old 02-04-2013, 12:55   #19
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Sounds like he tried to do a speeding stop, it escalated into a failure to yield and a resisting arrest.
Sounds to me like Cole didn't do a speeding stop, and escalated what should have been a mundane thing into a Federal case.

I told him to arrest me over and over.

Cole has a history of pulling his weapon on children. The youngest I know of was a 7 year old girl. He failed a pscyh exam about 2 years ago, so they pulled him from the road, then a year later they put him back out again. He also murdered an old woman on her porch for "failing to obey my lawful commands" in 2008.

The dude's a ****ing winner any way you slice it.
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Old 02-04-2013, 12:52   #20
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Originally Posted by Bren View Post
Not much of an article - if they were arresting the guy, a protective sweep was legal, but it may have gone farther than the law allows. Here, that case would have been an arrest and a protective sweep of the immeidate area around him would be perfectly legal under federal/constitutional law.
Nope. Not anymore. Time for you to do some reading up.

Quote:
Coincidentally, I have made exactly the same arrest...of my police chief's 2 nephews...who refused to stop and tried to go in their house after I tried t stop one of them for speeding. I also got sued in federal court, but they both lost blood and had hospital visits and I won the lawsuit. I got sued for beating them, not for the search.
Delightful.
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