What really goes on behind the scenes @ the Laguna Beach Police Dept.

[Katherine]

Here is a TRUE and interesting story about the Laguna Beach Cops. Please read, this could have been you, a family member, or friend.

How can Laguna Beach Police
do this to a local community member?
This is absolutely mind-boggling!

What goes on behind the scenes at the Laguna Beach Police Station?

The most obvious way to start this letter to the editor is by saying that I have never experienced such inhumane treatment. I was pulled over for what the Laguna Beach Police called a “routine” stop. At first the stop was like any other, they asked me for my license and registration, and then asked me if I had been drinking. Doing there regular routine they asked me to step out of the car and perform some field sobriety tests.(F.Y.I. they have to tell you that these tests are optional). I did take the tests and they decided “I was not able to drive”. They slapped on the handcuffs and took me to the station. They never once read me the Miranda Rights.
Once I arrived to the station, the masquerade began. First they asked me to take a breath test. I did attempt the breathalyzer twice and was unable to get a clear reading. They then told me that I would have to take a blood test. In the state of California the police have to offer a urine test, which I was not given the option of. They asked me to sit down at this wooden chair and before I knew it a lady in a white medical coat came into the room and put a needle in my arm. There was NO warning. When I asked what was going on they said “we are taking a blood sample”. I did not fight back and feared the worst. First of all, the lady did not clean my arm before inserting what may have or may not have been a clean needle into my arm.(Just so you know, I ended up with a rash on my arm and a bruise so bad that I could hardly move my arm). Everyone who has ever received a blood test knows that before a needle is inserted into the patient one must HAVE CLEANSED THE AREA BEFORE INSERTING THE NEEDLE. They did not do that. They also have to move your arm in a straight position to the front or side of you, and they did not. They just stuck the needle into my arm while they were handcuffed behind me. Also, they never put on a ternakit to allow blood to flow gently into tube.
Don’t think for one moment that is where this story ends. The cops then began to ask me questions about what I done that night.“Did you have any alcohol”?“Where were you tonight”? ect… I looked at the cops and said that I would like to call my lawyer before answering any questions when I was told,“you do not have any rights”,“you do not have the right to an attorney”. I told them that I knew that I had the right to an attorney and they then said “you don’t have the right to an attorney until we are done booking you”. I said “ok, lets get this over with”. They then finger printed me and took my mug shot. When they were done I asked if I could call my attorney and they again said “you do not have the right to an attorney”. I’m sorry, I thought they said I could call my attorney and have them come in once booking was said and done? Silly me I believed the cops! They continued to ask me questions and when I did not answer them they told me I could make a few phone calls and then they would put me into the “Drunk Tank”.
The next day they released me four hours early, for what I perceived to be because I was on good behavior. So why did I deserve such bad treatment? I can not answer that, but I can say that for the first time in my life I felt scared, alone, confused, and raped of my rights! I ask you, was this situation handled correctly?

Thank you for your time,

[Katherine]

If you are a lawyer and would like to take this case for me probone please e-mail me.
[e-mail]

[Mortamus]

Damn girl you need to go see a lawyer

It won't cost you a cent

[aaa]

sue the b-tards

[aaa]

Cops s-u-c-k

[tad]

Had you been drinking?

[stork]

So Katherine.....What were the results of that blood test???

[Former LBPD]

Could it be that you were drunk and don't remember what you were told? I have booked many DUI drivers into jail and the one thing that distinguishes them all is that they ask the same questions over and over again because they don't remember what you told them 5 minutes ago. Another distinguishing factor for Laguna Beach residents is that you most likely think the world revolves around you and you are more than likely a pain in the butt to deal with. Also, your concept of time must be off. The Police Dept does not have a nurse on staff to take blood tests. She must have come from South Coast Hospital and it probably took at least 30 minutes for her to get there. Again, by that time you probably forgot that you had agreed to a blood test because you were drunk. And I have the same question as "stork" above; So Katherine....What were the results of that blood test?

[OC Cop]

First, field sobriety tests are not optional. It is the Preliminary Alcohol Screening Test (breathalyzer) that is optional before your arrest.

Second, informing you of Miranda rights is only required when you have the union of 2 elements: custody and interrogation. While you were arrested (custody), you were not interrogated. And no, your field sobriety test conducted before you were arrested does NOT count as interrogation.

Now, regarding your breathalyzer AFTER you were arrested: per CVC 23612, you must submit to one of two chemical tests: blood or breath. If you opted for the breath test but were physically unable or unwilling to complete it, you would have been given the option of a blood test. If you would have refused a blood test, they would not have forcibly drawn blood for a non-injury DUI. However, per California law, if you refused you would have lost your license for at least one year. A urine test is optional and does not need to be offered unless both the blood and breath test are unavailable.

With respect to how your blood was drawn, I am not a medical professional so I cannot speak to how it's supposed to be done. However, most police agencies (LBPD is one of them) use a 3rd party lab called California Forensic Phlebotomy. All of their staff are properly trained certified phlebotomists and it's unlikely they violated any protocols.

Now for the last paragraph. The person "questioning" you about alcohol, etc...was most likely filling in a state-mandated medical questionnaire required in all jail facilities. He was not interrogating you regarding your DUI.

I hate to offer this "tough love", but the fact is, it appears the department did everything correctly.

[Bill]

The Laguna Beach Police are out of control! I moved after 30 yrs. I've seen them do horrible, unfair, and just plain mean things ! If you want to visit some where you can relax and enjoy yourself, DO NOT VISIT LAGUNA BEACH, CA. You have a very good chance of being engaged with the LBPD. My advice is to not even drive though this city, esp. if your a person of color. You will be pulled over. They only want the "RIGHT" people in their town. They put on a good face for the general public...but make no mistake, the LBPD does whatever they want to do .

[JusticeNotDelive red]

Wow! Look how quickly these cops come to aide a fellow officer? Mob mentality. And look how people have been abused by cops just as quickly resort to their parallel claims. I feel compelled to write because I see that this world is laden with injustice. Their are people who are trying to make this a better place. I believe the police can be helpful and citizens are helpful too by making the choices to act humanely. It takes all of us. Collaboration is the key word! The more of us no matter what your field of expertise is creating the moment by moment. We are creating the news. The brokers, the parents, the government, the people and one thing we all have in common is to make the choice. I can see how a cop becomes frustrated dealing with people who make poor choices in life and its up to them to correct these behaviors as best that they can with the aide of our institutionalized behavior reform systems. Who's to say it works? And who is to say that maybe it starts at development of a child to adult. So maybe its the system as a whole at fault. The ones that breeds the socioeconomic status that delivers us all to our conclusions of faith and attitudes and choices that define our mob mentality. We are all at fault. We all need to take responsibility. We all should be the peace officers! And wow what a beautiful world to reside one where we are checked by our fellow neighbors and family and our community in decent and respectful way. However that is too burdensome when we are dealing with people that go to the edge and reside with evil and do terrible things...So do we have too many laws or are we lucky to have scary men in suits that protect us from the insane injustices that human beings sadly are able to commit. See thats why cops get away with this their are too many crazies that justify their handlings with the people who very well may be law abididing "good peole". My idea if I was president would be that of less police and promotion of healthy practices within the community to help people remember how to take care of one another. A less "me me" society and one that cultivated more love and respect within individuals. Just remember love conquers all. What if your neighbors were nice and the news was great and their was no war but aide and people threw away their selfish tendencies and created a an abundance of love for all! It would heal the sick and and then our socioeconomic background would evolve to higher virtues! And this women Katherine would have been treated with respect! But due to predecessors before her these people we call police are calloused and hardened with burdens that we as a people hand over to them...
Just the thoughts of a 25 yr old women living in Aliso Viejo... So say we all are responsible!

[Wade McDonald]

Thats funny,

I just got my Cell Phone back from the Laguna Beach Police Station.I had a swim
Club meetup which I was hosting in the North end of town.I left my Cell Phone in the
restroom at the Beach,It was there for over two hours.I called the Police Department and they found it for me and enabled me to come from Newport Beach and pick it up.That was above and beyond the call of duty,And by the way I don't drink and endanger everyone else including children by driving a motor vehicle.Drunk Driving is a "Violent Crime"Thats kills people including small children! I want to thank the Laguna Beach Police Department for all their good and kind work!!!

[scottwilloc]

First... you can refuse FSTs (field tests).
Second... you can refuse the PAT (breath test on streets in the PAS device.
Third... NEVER, EVER answer any questions if your are under investigation for ANYTHING! PERIOD! No need for Miranda if you keep your mouth shout. Your response to ALL questions is as follows, "I respectfully decline to answer your questions." This includes if they ask for your name. Just hand them your license. Done.
You are required to submit to a blood/breathe test, only if your are under arrest of driving under the influence (Section 23140, 23152, or 23153) per implied consent law.
You are entitled by law to a phone call immediately after booking for four hours after arrest.

[Unhappy Laguna Resident]

Let me tell you about the Laguna Beach police -they do ANYTHING they want. They arrested a neighbor of mine for being "drunk in pubilc" which, by the way, she totally admits being drunk. She was walking home and fell. The cops stopped her and instead of trying to help her, they beat her up! The next day, when she awoke in their jail cell, they claimed she fell and that's how she got bruises and scratches all over her face, neck and arms. Any expert can tell you, a person doesn't sustain bruises and scratches in several different places on their body from one fall -it is medically/physically impossible. A person at their jail told her the following day she was scared and so drunk that she thought the police were other people trying to harm her. If that was the case, those idiots should have taken her to the hospital. Instead, they beat her up and book her for drunk in public. I saw her face the next day, it looked like a train had hit her. Once, my husband and I were going for a walk and all of the sudden, out of the blue, a Laguna Beach police car comes halling a-- around the corner and screaches to a halt, they jump out and demand me and my husband sit on the curb. They apparently got a call that a guy in a dark coat (we had on our black wool jackets) had tried to sexually attack a women. Then another cop car pulls up with the victom who says it wasn't my husband. However, before that, the way we were treated (like criminals) and told to sit on a curb like some f--king criminals totally incensed me. I told them I would most certainly NOT sit on the curb (my husband complied) and didn't -it was the f--king principal -treat f--king people DECENTLY -you
f--ks -have some f--king respect! First of all, the DESCRIPTION was a male -NOT A F--KING MARRIED COUPLE out for their evening walk. I feel most cops (not all, there are a few good ones scattered around) are just glorified revenue generators. And by the way, they JUST shot a 25 year old kid in our town (12 rounds fired) for speeding and side swiping several cars on PCH and trying to flee. A witness said he was talking to the driver telling him to just get out of the car. Well, they told him to move aside (it was obvious the driver didn't shoot this witness or have a gun pointed at him) and unloaded about 12 rounds. I hope all of these want-to-be REAL cops go to prison. I hope the family sues the shit out of them.
Anyway, yeah, we all know the Laguna Beach cops and by the way, YOUR COLOR DOESN'T MATTER. They'll go after ANYONE, ANYTIME for ANYTHING they PERCEIVE as a tad bit of a crime. They are ridiculously in need of a REAL crime so they can feel like REAL cops, that's why they are so "trigger happy".
I hate this town. It used to be a once very lovely place. It is a place were they ticket their own residents to death to the tune of about $10 million a year for one street by the beach alone. Not to mention that these residents have to share parking with the entire world that comes to Laguna. They have police running around jumping to conclusions because they are so hard up for a crime they don't know what else to do with themselves. I literally know another person who had them WALK into their home and ticket them for pot on their table. WALKED IN THEIR HOME, without search warrant. My suggestion to anyone who has been dealt with unfairly or illegally by them to report them to the Orange County District Attorney's Office and if they physically harm you, seek an attorney as well. They are being investigated currently for the recent shooting.

[Hold LBPD accountable]

Most people in this town hate the cops their real ass hole power trippers! My little TEN YEAR OLD brother was on the bus 2 days ago and he was horsing around with a friend. Because of the rain my little brother slipped and kicked his FRIEND in the nose and gave her a bloody nose. The principle called and said that it was clearly an accident but my brother would get a strike form because it was a preventable mishap and they shouldn't have been horsing around on the bus. UNDERSTANDABLE! The next day the girls parents called the police and decided to press charges on my little brother. They came to El Morro and he was called to the office where the police were there to INTERROGATE HIM! They read my 10 YEAR OLD little brother his miranda rights (he doesn't even know what attorney means) and asked asked him multiple yes and no questions. My mom finds out about this when she leaves work and has a voicemail that he will be required to take a class. My mom asked the detective what appeal process was because she wasn't even talked to about the incident and the police came up with a punishment before hearing the whole story. The officer said "He will have to take the classes! HE HAS NO RIGHTS". The school board agrees this was not handled properly and are setting up meetings with the chief of police to ensure that the police call the child's guardian before interrogating a 10-year old.
Unhappy Laguna Resident: the police did the exact same thing to me.. my senior year I was walking to finals from my car when a cop pulled up onto the sidewalk in front of me almost running me over jumps out and says I saw you throw your dope into the bushes. I was like WTF. I just got out of my car.. search the bushes.. he questioned me for 15 min despite my begging to let me go to my final where I eventually had to guess on the last 30 questions of the multiple choice section of my english final.
I've been pulled over for speeding, or running a stop sign a few times in my life. In every other city I get a ticket and its done with. The 5 or 6 times I've been pulled over in laguna (only once receiving a ticket) I have been searched every single time!
We give these officers the ability to do certain things as a last resort to catch criminals. The laguna beach police department abuses their rights and harasses its citizens! They should use these loop holes sparingly to gain back the publics trust that they have lost from 70% or more of the town. even NBPD make fun of how ridiculous they are! I once told a cop that broke up a high school party that she was the only fair cop in Laguna that uses just enforcement. SHE SAID SHE WAS ON CONTRACT FROM SANTA ANA! I am in no way against cops and think its an honorable job but there are many officers that write there own handbook and give the LBPD a bad rep.

[Oc Cop]

Look, I have no love for LBPD, but I am intimately familiar with the organization and know many of the members personally. That said, there is so much horse crap on this board it's remarkable.

Scott - Actually, the way the law is written, if the cop believes you are under the influence and you refuse FSTs, he/she has the right to arrest you for impeding an investigation among other things. On top of that, you will likely lose your license automatically per CVC 23612. Please don't give out bad information to people who might actually use it. If you doubt me, please consult any police officer or call up any DUI defense attorney. As a police officer, I have arrested dozens of people for DUI, and your info is straight WRONG.

Unhappy and Accountable...where do I begin. First, both of your stories are very obviously "embellished" to put it politely. There is so much exaggeration and misinformation that it wouldn't be worth my time to refute it all.

Plus, a cop "on contract" from another city? WTF?? Not in Laguna Beach...Not in my lifetime...especially not from Santa Ana. LBPD is way too proud of it's "professional" officers to contract out with a ghetto city like Santa Ana, plus it's geographically unfeasible. If, and that is a HUGE IF, the LBPD would ever use "contract" officers, it would be from OCSD, NBPD, or Irvine...Nowhere else, period!

[RE - OC COP]

I didn't embellish a thing... Laguna Beach PD use excessive force in near all situations. I just re-read my post and can't find one part that I embellished. Laguna contracts officers during high crime times such as New Years. The Santa Anna Cop is the only "professional" I've ever met that is part of the LBPD. She ran the whole show of breathalyzing everyone at the party checking ID's and ensuring everyone had safe sober rides home. The other cops were her bitch for the night listening to her polite suggestions it was great!

[Rob]

OC Cop is wrong on several points. Participation in field sobriety tests (e.g., hoizontal gaze nystagmus, standing on one foot, etc...) or blowing into a roadside “Preliminary Alcohol Screening”(PAS) device is 100% voluntary under California law. Respectfully declining to participate in subjective field sobriety tests is not, in itself, probable cause to arrest.

Police officers have the power to arrest anyone at anytime, but that doesn't mean that the arrest is well founded or constitutional. If a driver respectfully declines to participate in the subjective FST's but is willing to take a breath test using a real, calibrated, evidentiary breath analyzer, how is that possibly "impeeding an investigation?"

Unfortunately, many police officers in south OC operate under mistaken notions of what the law is and most DUI defendants are unaware of what their rights actually are. Most DUI defendants plead guilty, so most of the bad arrests never get tested in court.

[Grow_Up]

OC COP is correct. The city of Laguna Beach does not hire out from other agencies for any event. There have been incidents in the past where they have requested mutual aid during an emergency situation, however, as OC COP pointed out, the agencies that were requested were neighboring agencies like Newport Beach, Irvine, and OCSD. Furthermore, that has happened no more than a handful of times over the last 20 plus years. So it is obvious you did embellish and straight out LIE in your story.

You need to grow up and stop acting like a child. Maybe then you will be able to take responsibility for your actions.

[asdkj]

Grow_Up wrote:

OC COP is correct. The city of Laguna Beach does not hire out from other agencies for any event. There have been incidents in the past where they have requested mutual aid during an emergency situation, however, as OC COP pointed out, the agencies that were requested were neighboring agencies like Newport Beach, Irvine, and OCSD. Furthermore, that has happened no more than a handful of times over the last 20 plus years. So it is obvious you did embellish and straight out LIE in your story.
You need to grow up and stop acting like a child. Maybe then you will be able to take responsibility for your actions.

I didn't embellish or make up anything. May be the cop was lying? Why would I lie about that part.. I could come up with something better and more relevant than that to lie about!