Mountain View Police Officer Conducts Illegal Search and Harrasses Citizen

http://Mediafilter.org/guest/Pages/August.31.1999.15.21.08

This Event Happened in Mountain View, California. U.S.A.
ppp-206-170-7-65.rdcy01.pacbell.net.

THIS IS A COPY OF THE INCIDENT COMPLAINT LETTER SENT TO THE INTERNAL AFFAIRS DIVISION OF THE MOUNTAIN VIEW POLICE DEPARTMENT. Dear Sir, I am writing in reference to case number 99-016969 dated March 25, 1999. Officer Schlarb arrested me in my living room at home on Rock Avenue for felony possession of a controlled substance. Officers were originally dispatched to my residence to serve a traffic warrant on me. When asked about my identification by the officers on scene, I told my roommate to retrieve my checkbook from the glove compartment of his vehicle, as we had been out with friends the evening before. As he went to retrieve it, Officer Schlarb told my roommate he would get the checkbook himself. Without permission, Schlarb and/or Barcelona entered the vehicle and opened the glove box, retrieved the checkbook and proceeded to search the vehicle without consent of my roommate, the registered owner. During this illegal search, a ten-dollar bill containing a bag of a methamphetamine was found. The ten-dollar bill was apparently in the center console ashtray beneath the armrest, obviously not in plain view. Schlarb then returned to the living room where I was sitting on the living room floor handcuffed, and asked if I wanted my money. I said yes, thinking he was speaking about $ 23.00 that was in the glove box that was mine. He apparently was speaking about the $ 10.00 bill. Based on my answer he charged me with the crime of possession. A few days ago I went in for my arraignment. Upon examination of the police report , I was shocked to see that there were several inaccuracies. These inaccuracies serve to strengthen Schlarbs case and border on being flat out lies. The inaccuracies are as follows: 1) Schlarb states that I asked PD to retrieve my property from my vehicle. I did no such thing. I asked my roommate to retrieve my checkbook and money from the glove compartment of his vehicle, not PD. 2) Schlarb states that the vehicle was a seized BMW. At which point was it seized? 3) Schlarb states that the ten-dollar bill was retrieved and the drugs discovered only after retrieving my checkbook and asking me if I wanted my money. He makes it appear that he returned to retrieve the money upon my request and with my permission and that was when the drugs were discovered. My roommate states that the ten dollars and my checkbook were retrieved at the same time from different places in the car without his consent, prior to my being asked if I wanted my money. Officer Lopez, do you think that if I knew that there were drugs in that car, or if they were my drugs, I would direct the police right to them? (This is the person that hid in the attic hoping to avoid arrest - I would not invite further trouble and increased charges upon myself!) When I spoke to my public defender he stated that the jury would certainly believe the testimony of a police officer over my roommates or mine, and encouraged me to plead guilty. Though, the public defender may be right, I refused, as I am not guilty. As to why Officer Schlarb has such dislike for me, I can only speculate. Perhaps the following would shed some light onto why Officer Schlarb may be somewhat disgruntled with me. Officer Schlarb and I had a run in together at Lucky when I was working there as a loss prevention agent. A uniformed security officer and I had taken a transient into custody for trespassing, loitering and smoking and possessing marijuana in the rear of the Luckys on Rengstorff. Schlarb arrived with other officers and advised me that possession of marijuana was an infraction and that I couldnt arrest someone for it. I argued that possession is a misdemeanor, and that since it had occurred in my presence, the security officer and I were justified in taking the transient into custody. Officer Schlarb did not take kindly to that and became upset. After a brief argument, he advised me that in the future I should wait for PD arrival, prior to making contact. I agreed that that would have been the best course of action and said that I would do so in the future. Then the day he and other officers arrived to serve the warrant, he was angry that I wasted his time and placed him and other officers in a more dangerous situation by hiding in the attic. Officer Schlarb demonstrated his frustration by handcuffing me very tightly. In front of my roommate and other officers, I asked Schlarb to loosen the cuffs or to double lock them, so they didnt tighten anymore. He refused. When I asked for a cup of water, he refused to allow my roommate to bring me one. It was only after Schlarb left the room to search the BMW, did one of the younger officers loosen and double lock my cuffs. Two officers transported me to the station. I knew these officers from prior contacts at Lucky when they assisted me or provided back up when I had made on shoplifters. They warned me that I lived in Schlarbs beat and that I should be careful whenever I drive as he may pull me over for any reason. Upon arrival at the station, and completion of my pre-booking, Schlarb placed me in the rear of his patrol car in order to transport me to the jail. He failed to fasten my seatbelt and proceeded to drive quickly, taking turns in a manner that caused me to slide back and forth in the rear of the patrol car. I do not know if this was intentional, but I had no doubt in my mind that Officer Schlarb had a personal grudge against me. On July 13, 1999, at approximately 1430 hours, my roommate and I were at Costco in the parking lot walking towards my roommates car, when we saw Officer Schlarb look at us as he drove by in his patrol car. I told my roommate about what the young officers had said about Schlarb pulling me over and advised my roommate to drive extra carefully. Moments later as we got on the on ramp for northbound 101, Officer Schlarb pulled up behind us and pulled my roommate over. I have not seen Officer Schlarb since that time. I am writing to you in the hope that you conduct your own inquiry into the true facts of the case. I hope you can uncover the truth and see the facts of the case without any bias. I am not out to destroy Officer Schlarb or bring ill repute to him or to the MVPD, or to sue for damages or anything like that. I simply want justice. As of today, I am looking to move out of Mountain View and Santa Clara County, in part out of fear of suffering repercussions in response to this letter. Yours faithfully, Essam J. Adnan.

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Mountain View Police Officer Conducts Illegal Search and Harrasses Citizen

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