California Highway Patrol Seizes Medical Records Of Woman An Officer Was Caught On Tape Beating

from the all-part-of-the-exoneration-process dept

Mon, Jul 21st 2014 11:21am — Tim Cushing

Today's demonstration of post-brutality scrambling is brought to you by the California Highway Patrol. First off, we'll take a look at the "alleged" brutality, which looks incredibly similar to non-alleged brutality. (Apologies for the watermark the person who recorded the incident slapped all over the video.)

This head-punching (David Diaz, who recorded the incident, counts 15 punches in total) was performed as an act of civil service, according to the CHP.

Speaking to the television station ABC7, the California Highway Patrol said that the officer had ordered the woman to stop walking, out of fears for her safety.

She failed to follow this order, possibly due to mental illness. After the unnamed officer's fists were finished ensuring her safety, the CHP sent the woman to a mental health facility and refused to allow her family to see her. The video surfaced shortly thereafter, forcing the CHP to make further statements about how "physically combative" the woman was, as well as expressing its utmost desire ~~to find a way out of this~~ to see justice done.

"We're looking at every possibility, every fact, every circumstance that have contributed to this situation, and we're going to try to come to a just conclusion," Highway Patrol Assistant Chief Chris O'Quinn said at a news conference on Friday.

"Just," in this context, seems to actually mean "exonerating." The investigation continues, apparently, albeit in unexpected (and terrible) directions.

California Highway Patrol investigators have seized the medical records of a woman seen on video being repeatedly punched by one of its officers on the side of a Los Angeles freeway.

Chris Arevalo, executive administrator for psychiatric services at Los Angeles County-USC Medical Center, confirmed that the CHP served the search warrant Tuesday for Marlene Pinnock's records.

Why the CHP would need to seize the records, rather than just view them, is completely inexplicable. The person served the warrant noted that it was issued to grab "property or things" as part of a felony investigation, which apparently included communications with her doctor about her well-being and "references to her attorney."

I'm sure the ongoing investigation will clarify the CHP's need to violate its victim's privacy before this debacle is wrapped up. That's how it works. But it looks like an uphill battle. The statement released by the CHP commissioner sounds like even he was caught off-guard by this bizarre, smells-like-a-cover-up records seizure.

"I think what they're trying to do is, they don't have a statement from her, and they're trying to find that out," Farrow said. "I don't think the CHP is trying to put her on trial or make it an issue about her. What I'm looking at is entirely about the circumstances, we all saw what happened. Our job is to find out the why and the how."

So, the CHP gets statements by hospitalizing someone and seizing their medical records. While these records may offer some insight as to why she didn't immediately follow the officer's instructions, they really don't fill the "statement" void -- unless the CHP is going to further violate her privacy by releasing a statement on its own behalf using information gleaned from the seized records. As it stands now, it looks exactly like the CHP is planning to "make it an issue about her." If it isn't, then perhaps it might quid pro quo with the release of the disciplinary records of involved officers.

Moving on from this larger wrongness, I'd like to take a little time to point to the complicity of the Associated Press in the low-level whitewashing of this latest development by using that famous law enforcement standby, the passive voice.

My first notification came to me via Officer.com, whose headline read:

CHP Seizes Medical Records of Woman Seen Punched

"Seen punched?" Punched by whom? By the CHP, of course, not that this headline indicates that. As far as this headline goes, it may have just been a random mugging. A more accurate headline would be "CHP Seizes Medical Records of Woman They Were Seen Punching." Clumsy, but more honest. Considering this AP story was reposted by a police-centric site, the passive voice is completely expected. But it's not just cop sites like Officer.com. It's other places as well.

The AP buries the lede and other media sites run the feed without even altering it. Of course, Police One took the AP's weak title and made it even worse.

CHP seizes medical records of woman in scuffle with cop

Not only does it side more with the CHP, but it also makes it appear as though the CHP seized her records during the "scuffle."

We expect this use of the passive voice from police officers. The media doesn't really need to assist law enforcement spokespeople in their blame-deflection efforts. When misconduct allegations arise, they're always followed by details of "weapons discharging" and innocent bystanders "receiving gunshot wounds" and officers never striking anybody but always "responding" to actions, movements or words from some person whose personal safety was ensured by hospitalization.

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Filed Under: california highway patrol, chips, medical records, videotape

98 Comments

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Digger, 21 Jul 2014 @ 11:39am

Wait til they find out she's deaf...
At that point, I think we should summarily take Mr. CHP Officer, his supervisor all the way up to the Governor, line them up and allow every California citizen to tazer each of them once.

After millions of tazer hits, we'll fine them for using up all of the police departments non-lethal response gear.
[ link to this | view in chronology ]
Blue Sweater (profile), 21 Jul 2014 @ 11:43am

How about a headline of
Officer assaulted by woman repeatedly beating his fists with her head.
[ link to this | view in chronology ]
Vidiot (profile), 21 Jul 2014 @ 11:48am

Seizure fever
Speaking of mental illness... time to seize the personal medical records of the sadistic morons who punched her. And their badges, while we're at it.
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- Zan, 25 Jul 2014 @ 6:00pm
  
  Re: Seizure fever
  hear, hear.
  [ link to this | view in chronology ]
Anonymous Coward, 21 Jul 2014 @ 11:55am

Pig Hunting
We hunt pigs with dogs and a knife. You have to make sure the dogs are hungry when you go out. We let them loose and they track down the scent. Usually one dog is the best at finding the pig and alerting the others. When the rest of the pack catch the pig they bite its ears, neck and back, then pull it to the ground. When we arrive the pig is contained by the dogs so we move in and quickly slit its throat. You need to hang the pig upside down and let the blood drain from the body.
[ link to this | view in chronology ]
- DigDug, 21 Jul 2014 @ 12:01pm
  
  Re: Pig Hunting
  That would be cruel and unusual punishment (to the dogs, that is)
  [ link to this | view in chronology ]
Anonymous Coward, 21 Jul 2014 @ 12:00pm

Even More Honest Headline...
CHP Seizes Confidential Medical Records of Woman That They Were Filmed Beating the Shit Out Of
[ link to this | view in chronology ]
- Anonymous Coward, 21 Jul 2014 @ 12:09pm
  
  Re: Even More Honest Headline...
  Nah, let's go even more honest:
  
  Mustache-twirling Thuggees Attempt Homicide, Fail, Try and Cover Up with More Thuggee
  [ link to this | view in chronology ]
- Cowardly Anonymous, 22 Jul 2014 @ 1:30pm
  
  Re: Even More Honest Headline...
  CHP Filmed Pummeling Woman's Face, Later Abscond With Her Confidential Medial Records
  [ link to this | view in chronology ]
Namel3ss (profile), 21 Jul 2014 @ 12:12pm

I sincerely hope this woman gets a sizeable legal settlement, not just from the CHP but also from the pig involved and his superiors as well. I also hope the pig and his bosses are fired and their pensions are given to this woman.

Until these thugs are held personally responsible this bullshit will never end.
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- jo (profile), 21 Jul 2014 @ 3:16pm
  
  Re:
  and ownership of chp
  [ link to this | view in chronology ]
- DavidinNYC, 22 Jul 2014 @ 2:23pm
  
  Re: personal liability
  Unfortunately, the cops are covered by official immunity, which allows them to murder people without being held financially responsible.
  [ link to this | view in chronology ]
  - I play a lawyer on TV, 22 Jul 2014 @ 3:21pm
    
    Re: Re: personal liability
    Cops have qualified immunity (they must have a good faith belief they are following the proper law). Judges have absolute immunity (can't be sued for any decision made from the bench).
    [ link to this | view in chronology ]
- Federale, 23 Jul 2014 @ 11:16am
  
  Re:
  So she can spend it on crack?
  [ link to this | view in chronology ]
Anonymous Coward, 21 Jul 2014 @ 12:19pm

They likely what the medical records for a different reason...
They know they are going to be facing a big lawsuit over this which will likely involve a huge sum of money over injuries caused at the hand of the officer. They want her medical history so that they can desperately try to find some reason to claim that any severe injuries were likely due to some pre-existing condition other than the beating or at least wouldn't have been as bad without the pre-existing condition.
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- Anonymous Anonymous Coward, 21 Jul 2014 @ 12:37pm
  
  Re: They likely what the medical records for a different reason...
  You do realize that it is most likely that any settlement will be paid...by the tax payers...don't you?
  
  Now if the police union held say an insurance policy that indemnified the government for its members actions, then guess who might be policing the police?
  [ link to this | view in chronology ]
  - Anonymous Coward, 21 Jul 2014 @ 1:00pm
    
    Re: Re: They likely what the medical records for a different reason...
    Of course but the fact that the tax payers will have to pay has nothing to do with the fact that the lawyers will try to find any argument they can to reduce the amount as much as possible.
    [ link to this | view in chronology ]
    - Anonymous Anonymous Coward, 21 Jul 2014 @ 1:12pm
      
      Re: Re: Re: They likely what the medical records for a different reason...
      Without question. That is what lawyers do.
      
      What having the tax payers, pay, does not do is punish the perpetrators (line officers) or their enablers (supervisors and unions) in any way.
      
      Check this story and John Oliver video about how punishment works in the US. Only a little off topic.
      
      http://www.vox.com/2014/7/21/5922445/prison-john-oliver-american-muppets
      
      The over zealous police officers out there will probably never enjoy their sincerely deserved 4x6 cell (see the video).
      [ link to this | view in chronology ]
      - Anonymous Coward, 21 Jul 2014 @ 1:53pm
        
        Re: Re: Re: Re: They likely what the medical records for a different reason...
        I think a civil suit could also be filed against the officer personally as well though.
        [ link to this | view in chronology ]
- Matthew Cline (profile), 21 Jul 2014 @ 5:17pm
  
  Re: They likely what the medical records for a different reason...
  But for that they could have used a subpoena to get copies of the records after the lawsuit started, rather than taking the records before it ever starts.
  [ link to this | view in chronology ]
justok (profile), 21 Jul 2014 @ 12:21pm

CHiPs and 'ssaulters
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Anonymous Coward, 21 Jul 2014 @ 12:26pm

OK, I'm often first in line to bash the cops, and this conduct looks way over the line... but can we dial the sensationalism down a bit?

Given the privacy protections, the only way to get the medical records is a warrant, and we'd all (me included) be complaining if the hospital had handed them over without due process of law. (A warrant.)

The proper legal language verb for what is done with a warrant is "seize". I believe you'll find it in, oh yes, the Fourth Amendment: "...particularly describing the place to be searched, and the persons or things to be seized."

'Why the CHP would need to seize the records, rather than just view them, is completely inexplicable.' Er, no -- I just explained that. If the CHP showed up at the hospital and said "Hi -- we'd like to look at patient Jane's records", there's only one acceptable response by the hospital: "Come back with a warrant." So, they did.

'The person served the warrant noted that it was issued to grab "property or things" as part of a felony investigation, which apparently included communications with her doctor about her well-being and "references to her attorney."'

Er, yes. The "things" would be the medical records, which are the communications with her doctor about her well-being. And, if anybody served a warrant on me and didn't at least ask if I was represented by an attorney, I'd be righteously pissed.

For all we know the felony under investigation is the cop's conduct -- I'd like to think so.

tldr: Yes, please report, please even editorialize, but don't sensationalize -- it just kills credibility.
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- Rich, 21 Jul 2014 @ 12:32pm
  
  Re:
  This is a blog, not a news site. I assume when you want your news non-sensationalized, you go to fox.com.
  [ link to this | view in chronology ]
- Anonymous Coward, 21 Jul 2014 @ 12:35pm
  
  Re:
  Hey, thanks to the SCOTUS, now just looking way over the line is enough.
  [ link to this | view in chronology ]
- Anonymous Coward, 21 Jul 2014 @ 1:01pm
  
  Re:
  You are aware that this is a very strong 4th Amendment case, right? Regardless of the rest of the story, the fact that the Highway Patrol is seizing current medical records in regards to someone whom an officer has been shown to be assaulted in a near-homicidal manner, that alone should scare the fucking arse off of you.
  
  Considering not even al-Qa'ida do that.
  [ link to this | view in chronology ]
- Deputy Dickwad (profile), 21 Jul 2014 @ 1:05pm
  
  Re:
  "OK, I'm often first in line to bash the cops, and this conduct looks way over the line..."
  DD: Listen here pal 'o mine you aint seen any line crossing yet, my cousin Patrolman Peter Dickwad was just getting warmed up and remembered how much he hates it when his Grande® skinny half-caff extra hot latte gets cold so he took a break to go finish it.
  
  "… but can we dial the sensationalism down a bit?"
  DD: This I actually agree with, don't make us come over there and make you stop typing.
  
  "Given the privacy protections, the only way to get the medical records is a warrant, and we'd all (me included) be complaining if the hospital had handed them over without due process of law."
  DD: Bullcrap. Hogwash! Have none of you bootlicking pleebs heard of exigent circumstances? This crap got splashed all over the web and you sissys got your panties in a wad about a couple of good right crosses. So naturally I would have just gone over there and gotten the records with me and my SWAT team buddies (we are all on the SWAT team by the way, just part time and it effing ROCKS!) and taken down that location before those sniveling doctors and stuff destroyed evidence!
  
  "The proper legal language verb for what is done with a warrant is "seize". I believe you'll find it in, oh yes, the Fourth Amendment: "...particularly describing the place to be searched, and the persons or things to be seized.""
  DD: And I don’t give two farts what the proper term is if I want it I'll sieze it by any means necessary, like if I got to sieze your neck until you die to get it, whatever "It" is.
  
  "'Why the CHP would need to seize the records, rather than just view them, is completely inexplicable.' Er, no -- I just explained that. If the CHP showed up at the hospital and said "Hi -- we'd like to look at patient Jane's records", there's only one acceptable response by the hospital: "Come back with a warrant." So, they did."
  DD: Irrelevant, don't matter, NEXT!
  
  "'The person served the warrant noted that it was issued to grab "property or things" as part of a felony investigation, which apparently included communications with her doctor about her well-being and "references to her attorney."'"
  DD: and they better do like my prom date and "give it up" or there gonna' get what's coming to them next!
  
  "For all we know the felony under investigation is the cop's conduct -- I'd like to think so."
  DD: Trust me I asked Patrolman Peter about this It's not about him, she's going down for this stunt she pulled. Hard!
  
  "tldr: Yes, please report, please even editorialize, but don't sensationalize -- it just kills credibility."
  DD: You are so deluded! You want to know what really kills credibility? Not being a COP! Suk that "citizen"!
  [ link to this | view in chronology ]
- McCrea (profile), 21 Jul 2014 @ 1:13pm
  
  Re:
  Part of this article is addressed to countering the de-sensationalism of the media. If the reports were more honest, perhaps the author's push-back would have been mitigated.
  [ link to this | view in chronology ]
- ottermaton (profile), 21 Jul 2014 @ 1:35pm
  
  Re:
  You make some decent points in your post, but I think you're fixated on the specific language in the 4th and entirely missing something very important and extremely relevant.
  
  The proper legal language verb for what is done with a warrant is "seize". I believe you'll find it in, oh yes, the Fourth Amendment: "...particularly describing the place to be searched, and the persons or things to be seized."
  
  Ok, yea, we get it. The 4th amendment uses the word "seize" and so they did. They didn't just make copies of them, which they could have easily done (and still can), but they didn't.
  
  So guess who does NOT have access to those records now? Her doctor(s) and other healthcare pros, for one. Her attorney, for another (which I'm sure is the REAL reason they seized the records anyway).
  
  You're missing the forest for the trees. They are fucking her over to cover their own asses. The only reason I can think of for them needing those records is to mount the defense, "Look -- she's a looney! He HAD to pulverize her face!"
  [ link to this | view in chronology ]
  - Anonymous Coward, 21 Jul 2014 @ 3:27pm
    
    Re: Re:
    Don't need to even search the records, they grabbed the only copy and now they're happily adding all sorts of previous 'mental illnesses'...I don't doubt they have either a doctor on the payroll who will say he's been treating her for years, or they'll use the name of a deceased doctor and claim she was his patient.
    [ link to this | view in chronology ]
    - Anonymous Coward, 21 Jul 2014 @ 3:28pm
      
      Re: Re: Re:
      Then again this is the CHP and never have I met a bigger bunch of retards, so they'll probably say she has dropsy, apoplexy and 'the humours' as well as 'ladies hysteria'....
      [ link to this | view in chronology ]
  - Anonymous Coward, 21 Jul 2014 @ 6:38pm
    
    Re: Re:
    What are you all going on about? That they "seized" the records does not mean they took them away.
    
    Here's a clue: nearly zero current clinical documentation is on paper these days anyway, thanks to the Meaningful Use regs.
    
    Chances are: they showed up with the warrant, the general counsel came down to verify it and offer guidance (yes, that much delay is accepted, absent exigent circumstances) and some clerk burned a CD and said "here you go."
    [ link to this | view in chronology ]
- Anon, 21 Jul 2014 @ 2:58pm
  
  Re:
  Medical records are supposedly protected by HIPAA Federal privacy law. Also, it's hard for a physician to provide treatment to a patient without medical records. So the CHP and the judge behind the search warrant are committing bodily harm to the woman a second time.
  [ link to this | view in chronology ]
Anonymous Coward, 21 Jul 2014 @ 12:28pm

Bad Cops make Good Cops look Bad.
[ link to this | view in chronology ]
- Rich, 21 Jul 2014 @ 12:34pm
  
  Re:
  Good cops that do nothing about it, make themselves look worse.
  [ link to this | view in chronology ]
  - Anonymous Coward, 21 Jul 2014 @ 11:42pm
    
    Re: Re:
    Good cops that do nothing about it aren't good cops.
    [ link to this | view in chronology ]
- Deputy Dickwad (profile), 21 Jul 2014 @ 1:09pm
  
  Re:
  Wrong!
  
  Dipstick "citizens' who don't know their place, with cameras, make us good cops look bad.
  
  Idiots.
  [ link to this | view in chronology ]
  - donald (profile), 22 Jul 2014 @ 10:48am
    
    Re: Re:
    Cops who refuse to respect constitution need to find a new line of work.
    Likewise cops who place themselves above the law need to be put in their place.
    
    The State and Federal courts of this country on a number of occasions have confirmed the right of citizens to record police in the performance of their duties.
    
    If you can't stand the heat get a new line of work.
    [ link to this | view in chronology ]
  - Brian Schneider, 22 Jul 2014 @ 2:46pm
    
    Re: Re:Dipstick "citizens' who don't know their place,
    If you are doing your job properly why are you afraid of being filmed?
    [ link to this | view in chronology ]
- Anonymous Coward, 21 Jul 2014 @ 5:49pm
  
  Re:
  And? This applies to any profession or group of people. It's an accepted onus that the good people should be amending the bad people and stopping from making them look bad.
  
  What gives cops a free pass to let the bad ones shoot everything up and get away with it?
  [ link to this | view in chronology ]
MikeC (profile), 21 Jul 2014 @ 12:39pm

Not so sure this is that bad, bad cop yes, bad situation?
You know I've looked at this a few times and I see how the CHP wants to cover this up. But let's look at this particular situation. Think about this:

1. Cop has women walking out into obviously very very busy highway.
2. He's chasing her on foot risking his life trying to save hers.
3. He can see what happens if she causes an accident on highway - lots of other folks could get hurt/killed.
4. She ignores his commands causing him to have to physically restrain her.
5. Probably he doesn't relish the idea he has to run out into highway to save her, possibly getting killed himself.
6. He'd probably say good riddance (not good but realistic) and let her get hit, but someone else would probably get hurt and he would burn for that too.
7. She fights back when he's trying to grab her, he way over reacts(but in the moment I can see how he could, just needs to be a better cop)...
8. He loses it, takes out his frustration, is she trying to bit him, hit him, etc.. all on the side of the highway just begging to get killed by a car/truck that didn't see everything.

Does he need to be disciplined, "YES" - in this case does he need to vilified -- not so sure. A lot of extenuating circumstances here. It's not like it 8-10 cops beating a drunk passed out guy w/night sticks. he's one guy trying save a psycho, who's not being cooperative, all why trying dodge cars on a busy busy highway, hoping he survives and can go home to his family at the end of the shift. I don't see much of a win-win result for anyone in this case.

Of course as usual the press has a field day, everyone pontificates, CHP over reacts too trying save face, no one wins -- sorta like the original situation...
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- Gracey, 21 Jul 2014 @ 1:10pm
  
  Re: Not so sure this is that bad, bad cop yes, bad situation?
  Trying to bite him, and hit him while she's on the ground covering her head and face with her arms?
  
  Yeah, that'll work as a defense ... NOT.
  
  There's no excuse for a cop going as overboard as that, and I don't care how frustrated he was. Citizens don't pay cops salaries so we can can be "beat about the head and face with their fists" ... for our own safety no less.
  
  Gimme a break.
  [ link to this | view in chronology ]
- Padpaw (profile), 21 Jul 2014 @ 4:59pm
  
  Re: Not so sure this is that bad, bad cop yes, bad situation?
  just like the cops that shot and killed a man that was suicidal and was holding a phone to his head. They killed him to save him. nevermind he was on the phone with said police at the time.
  
  Good thing those officers cared so much about others safety that they gunned down such a man.
  http://photographyisnotacrime.com/2014/03/26/citizen-video-contradicts-albuquerque-police-claims -slain-man-shot-first/
  
  In this case your defending a bad cop and every cop that is collaborating to hide his actions. Your just as bad as those trying to defend a cop beating up a woman just because he could.
  [ link to this | view in chronology ]
- indio007, 21 Jul 2014 @ 9:40pm
  
  Re: Not so sure this is that bad, bad cop yes, bad situation?
  "He'd probably say good riddance (not good but realistic) and let her get hit, but someone else would probably get hurt and he would burn for that too."
  Nope. Police have no duty to protect anyone.
  [ link to this | view in chronology ]
  - Anonymous Coward, 21 Jul 2014 @ 10:05pm
    
    Re: Re: Not so sure this is that bad, bad cop yes, bad situation?
    He'd be lynched (deliberate choice of word) in the court of public opinion and political grandstanding.
    
    Which would be different than what's happening now... how?
    [ link to this | view in chronology ]
  - That One Guy (profile), 22 Jul 2014 @ 12:17am
    
    You get what you give
    Yeah, just keep in mind that works both ways. If police in an area are indifferent about protecting the public, then when those police find themselves in a dangerous situation, they shouldn't be surprised when the public just stands back and 'lets nature take it's course' rather than putting their own safety on the line.
    [ link to this | view in chronology ]
- Gbear, 22 Jul 2014 @ 6:05pm
  
  Re: Not so sure this is that bad, bad cop yes, bad situation?
  It may have been the 10th time someone, even the same officer, had to "rescue" her.
  [ link to this | view in chronology ]
- nasch (profile), 24 Jul 2014 @ 12:31pm
  
  Re: Not so sure this is that bad, bad cop yes, bad situation?
  7. She fights back when he's trying to grab her, he way over reacts(but in the moment I can see how he could, just needs to be a better cop)...
  8. He loses it, takes out his frustration, is she trying to bit him, hit him, etc.. all on the side of the highway just begging to get killed by a car/truck that didn't see everything.
  
  Even if that is what happened, this guy clearly cannot handle being a police officer.
  [ link to this | view in chronology ]
Annonimus, 21 Jul 2014 @ 12:50pm

What bugs me
What bugs me is that if it was a black officer and a white woman in that video the officer in question would be on leave and under investigation by the DOJ.
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- Anonymous Coward, 21 Jul 2014 @ 1:04pm
  
  Re: What bugs me
  Only if she was rich. The thin blue line would still protect the officer regardless. Race and gender doesn't really matter as much as you think it does in these cases. Case in point... Kelly Thomas was neither black nor a woman and they still beat him to death.
  [ link to this | view in chronology ]
anonymous doc, 21 Jul 2014 @ 12:53pm

not her property
The medical records are the property of the clinic, not the victim. The information contained in them is the property of the patient. Im not a lawyer but the clinic is wrong for releasing the actual records and not copies. Fines and penalties are likely to occur.
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- wallyb132 (profile), 21 Jul 2014 @ 1:10pm
  
  Re: not her property
  How slow are you?
  
  You do realize that when served with a warrant, the clinic doesn't have the luxury of saying hold on a second we're going to make you copies of the files that your warrant is allowing you to have.
  
  Do you have any clue what might happen to the clinic staff if they tried to interfere with the search warrant. their only option was complete and total cooperation and assisting the officers in gathering the information, anything less would have landed them in hot water themselves.
  
  And no establishment on the planet has the authority to punish them for complying with a search warrant, no matter how wrong the warrant was. There is now mechanism built in to the law for challenging a warrant prior to it being served.
  [ link to this | view in chronology ]
  - Anonymous Coward, 21 Jul 2014 @ 1:51pm
    
    Re: Re: not her property
    You do realize that when served with a warrant, the clinic doesn't have the luxury of saying hold on a second we're going to make you copies of the files that your warrant is allowing you to have.
    
    Do you have any clue what might happen to the clinic staff if they tried to interfere with the search warrant. their only option was complete and total cooperation and assisting the officers in gathering the information, anything less would have landed them in hot water themselves.
    This may be true under current law, but that does not make it morally right. This seizure deprives the clinic of records which may be medically necessary for her ongoing treatment. Deprivation in this manner should occur only when necessary to preserve evidence or to prevent future criminal activity. Creating copies of the records would serve the former purpose. I cannot see how depriving the clinic of those records prevents future criminal activity.
    [ link to this | view in chronology ]
  - Anonymous Coward, 21 Jul 2014 @ 2:00pm
    
    Re: Re: not her property
    You are both being silly. Any halfway decent modern facility would have the records digitized and would have likely received the previous medical history the same way as well. When presented with the warrant, it's likely a matter of printing it out for them.
    [ link to this | view in chronology ]
  - Anonymous Coward, 21 Jul 2014 @ 6:40pm
    
    What are you all going on about? That they "seized" the records does not mean they took them away.
    
    Here's a clue: nearly zero current clinical documentation is on paper these days anyway, thanks to the Meaningful Use regs.
    
    Chances are: they showed up with the warrant, the general counsel came down to verify it and offer guidance (yes, that much delay is accepted, absent exigent circumstances) and some clerk burned a CD and said "here you go."
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limbodog (profile), 21 Jul 2014 @ 1:09pm

One additional thing that bothers me about this is that there's dozens of witnesses who see this crime being committed, and did nothing. And in this case, I can't blame them. Stopping a cop who is committing a crime is itself a crime, and one that can have you summarily executed on the spot, or, I suppose if you're lucky, spend a long time in prison and have your life ruined.

The instant that woman gained the ire of a renegade policeman her fate was sealed. And I think we all know what will happen to that officer.
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hoare (profile), 21 Jul 2014 @ 1:15pm

its obvious
what are they going to do when everybody is too afraid to stop when they say stop?
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orbitalinsertion (profile), 21 Jul 2014 @ 1:21pm

This is not a police state. This is not a police state. This is not a police state. *Clicks heels together three times*
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REM(RND) (profile), 21 Jul 2014 @ 1:26pm

Other headlines as dictated by the CHP
"Small fire breaks out on the Hindenburg."
"Luxury liner, Titanic, takes on a little water."
"NASA lander on rocky surface."
"NSA only collecting a little data. Millions of terrorists identified!"
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- Anonymous Coward, 21 Jul 2014 @ 2:02pm
  
  Re:
  How about this one...
  
  "Erik Estrada connects with one of his fans."
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Anonymous Coward, 21 Jul 2014 @ 2:08pm

Urban terrorist!
Now we know what an urban terrorist looks like, they wear police uniforms and carry sidearms. They also have an army of lawyers to cover their asses when they go postal on a citizen. Why couldn't the DHS protect us from these homicidal lunatics?
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- Digitari, 21 Jul 2014 @ 2:54pm
  
  Re: Urban terrorist!
  "what? Nah, the would take effort, AND personal responsibility, can't have that now, it's "hard" to be a Cop.
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Spaceman Spiff (profile), 21 Jul 2014 @ 3:22pm

Assuring personal safety
By shooting the "perpetrator" in the head next time, no doubt... :-(
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Anonymous Coward, 21 Jul 2014 @ 3:24pm

If I was this woman I'd move IMMEDIATELY out of state otherwise there is going to be 'an accident' where the CHP raid her house in the middle of the night without knocking, guns-drawn and 'accidentally' brutally shoot her 15 times in the face thinking she was a 500pound druglord named Dave they were after....
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RD, 21 Jul 2014 @ 4:29pm

Being assaulted BY a police officer is now a felony for the VICTIM!
Why the CHP would need to seize the records, rather than just view them, is completely inexplicable. The person served the warrant noted that it was issued to grab "property or things" as part of a felony investigation, which apparently included communications with her doctor about her well-being and "references to her attorney."

Wait, wait, WAIT! Are you telling me it is now a FELONY to be brutally beaten by the police?? WTF world are we living in now?
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Padpaw (profile), 21 Jul 2014 @ 4:52pm

You want to see just how bad this sort of thing has become go check out the policestateusa website. the news stories there will make you hate and fear the police with good reason.

To intimidate and brutalize has replaced to protect and serve.

Police murder with impunity at worst get time off or a promotion. They are organized crime at best, psycopaths hiding behind a badge at worst.
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Anonymous Coward, 21 Jul 2014 @ 6:44pm

I'd think HIPPA Laws would bring the Hospitals Lawyers running , I'd be surprised if she doesn't sue the hospital for just handing her records over without having the hospital review the warrant and what actual information they needed It just seems a little excessive to take a patients complete medical file rather than just a copy or whatever maybe relevant to the case . , Now the officers can threaten the medical staff or anyone who signed anything regarding her abuse .
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- nasch (profile), 24 Jul 2014 @ 12:37pm
  
  Re:
  I'd think HIPPA Laws would bring the Hospitals Lawyers running
  
  You can rest assured HIPPA has exceptions for search warrants.
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Anonymous Coward, 21 Jul 2014 @ 6:50pm

These Police Officers are In for a rude awakening, I'm not saying I'll do this , but sooner or later they're going to do this abusive bs and end up on the other end of the beatdown, citizens will get sick of being backed into a corner and sooner or later the angry mob will come out in force .
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Coyne Tibbets (profile), 21 Jul 2014 @ 10:42pm

Important information
I spent a while digging around over the weekend and found an online copy of the Marlene Pinnock lawsuit.

An important thing to note from that lawsuit is that they also siezed Ms. Pinnock's shredded clothing and a list of visitors to her hospital room. It is not at all likely that those would be used as evidence against the officer, so it seems quite clear they are pursuing a felony charge against her.

The visitor list is especially puzzling, unless they think someone is bringing drugs to the hospital.
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- Chas C-Q, 22 Jul 2014 @ 1:27pm
  
  Re: Important information
  Perhaps CHP want to intimidate^H^H^H^H^H^H^Herview anyone with whom the woman spoke in hospital, who can testify as to her physical and mental condition.
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Darth Colonel Sanders, 22 Jul 2014 @ 8:46am

What's the CHP officers name?
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Anonymous Coward, 22 Jul 2014 @ 10:40am

The land of the enslaved.
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Anonymous Coward, 22 Jul 2014 @ 10:59am

Man dies suffering heart attack during arrest - Eric Garner Police Brutality [GRAPHIC]
http://youtu.be/PZEYOSRiQno
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Deserttrek, 22 Jul 2014 @ 3:15pm

the chp is a joke and probably making the roads less safe. lets remember several have been convicted of crimes on duty including murder. a pox on all their houses
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I play a lawyer on TV, 22 Jul 2014 @ 3:18pm

Getting records
Put down the pitchforks people. If you want to look at medical records and, you have a semi-legit reason to do so, you prepare a "subpoena duces tecum" which is an order to produce records. The following is the procedure in my state and it's likely fairly similar in California. As a formality there is a court date placed on there but what really happens is you serve it on the records department of the hospital, they make certified copies, and then call you to come pick them up. CPS did not get the original records. If they "need the records for the purpose of an open investigation" then they (really it's the district or county attorney who does it on their behalf) fill out a pre-stamped subpoena by the county clerk. It's not a search or arrest warrant so a judge doesn't need to sign off or approve it. Just so you know, defense attorneys have these pre-stamped ones as well. Once served you are supposed to file it with the court as it's a court document which is likely how the news media ended up finding out about it.

All of that said...that cop was so far over the line it's not funny; CHS is in CYA mode; and her civil lawyer is, and should be, smiling all the way to the courthouse.
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Michael W. Perry, 22 Jul 2014 @ 4:56pm

A century ago, G. K. Chesterton mocked this use of the passive voice to deflect blame. Armaments were blamed for war, he sneered, as if a million rifles decided to go off on their own.

Here a woman is punched, as if a disembodied arm rose up out of the ground to strike her.

--Michael W. Perry, Chesterton on War and Peace.
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Laura McIntyre, 23 Jul 2014 @ 4:48pm

ninja turtles move
To tell you people the truth there has been some delays in the report and next time the doctor calls I will have it then but the move is still going to happen the move is going hardcore and it will happen no matter what happens up here or down there and you people can give April the permanent axe from the ninja turtles. From Laura McIntyre
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FrancisChalk, 23 Jul 2014 @ 8:27pm

COP=POS
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Laura McIntyre, 1 Aug 2014 @ 12:41pm

ninja turtles move
I have a bit of news I just picked up the report I have to do some printing of it and send it to the company who is doing the move so be on the stand by for the move and dont let April come make sure they have those letters and that splinter can come and all they need to pack up is their personal stuff because we have a finished basement and its perfect for them and make sure that they actually move. From Laura McIntyre
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Laura McIntyre, 1 Aug 2014 @ 2:56pm

ninja turtles move
About April not only do I not want her up here but make sure April is permanently axed away from the ninja turtles. From Laura McIntyre
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Laura McIntyre, 6 Aug 2014 @ 1:38pm

ninja turtles move
I know I have given you people a few false alarms about the move but this one isnt I just sent the report and it will take a couple of days for that company to get the report so everybody involved in the move be on the stand by the offical ninja turtles move is about to happen and like you people say hollywood style lights cameras action so get the arrangements for the move and the flight made now and please people work with me on this. From Laura McIntyre
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Laura McIntyre, 2 Sep 2014 @ 11:31am

ninja turtles move
Just to let you people knoww someone down there needs to be in on the move as well because by the time this is all done and over with the ninja turtles will no longer be legal to live down there and they will be canadians so someone needs to be in on this move to get them up here in their new home country canada. From Laura McIntyre
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Laura McIntyre, 29 Sep 2014 @ 11:55am

ninja turtles move
I was wondering did anyone give the ninja turtles a really really good talking to yet and if not they need it about the move and their new permanent performing job at canadas wonderland and about the report from a few years back and about the fact that they are putting me through pure hell just by being down there and about the fact that my father wouldnt be caught dead takeing me down there to be with them so they need a really really good talking to about the move. From Laura McIntyre
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Laura McIntyre, 8 Oct 2014 @ 7:54am

HI
I never told you people this yet but my father at times treats me like Victoria and she is a chronic alcholic who is like a 2 to 5 year old kid who will never grow up. From Laura McIntyre
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Laura McIntyre, 8 Oct 2014 @ 1:33pm

HI
I have noticed you people have put my notes in the list could you people please remove my name from the list because I dont want other people reading my notes and tell me what the hell is so wrong with me wanting to be with the ninja turtles they are all I have outside my family I dont have anybody else I had no idea that this was going to be a massive problem and this isnt a joke this is dead dog serious so please remove my name and notes from this list. From Laura McIntyre
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nasch (profile), 21 Oct 2014 @ 3:05pm

Re: HI
Is this ninja turtles thing a three-month long piece of performance art, or what?
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- Gwiz (profile), 21 Oct 2014 @ 6:18pm
  
  Re: Re: HI
  Is this ninja turtles thing a three-month long piece of performance art, or what?
  
  lol. I noticed this weird thread a week ago or so myself.
  
  This other article from 2000 keeps getting comments begging for money and loan offers all the time:
  
  https://www.techdirt.com/articles/000324/1149204.shtml
  
  There's another article (I don't remember the url) that keeps getting comments from people who want to sell their own organs for money.
  
  Apparently, there is a weird, dark, sub-culture that lives in the comment sections of old articles here at Techdirt.
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  - nasch (profile), 22 Oct 2014 @ 6:14am
    
    Re: Re: Re: HI
    There's also the article about wiretapping laws that periodically gets a comment from someone basically asking for legal advice on whether they can record someone covertly.
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- Laura McIntyre, 6 Nov 2014 @ 7:46am
  
  Re: Re: HI
  Tell me do you have some kind of problem with the ninja turtles because there is nothing wrong with them they are all I have outside my family so leave them alone. From Laura McIntyre
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  - nasch (profile), 6 Nov 2014 @ 10:05am
    
    Re: Re: Re: HI
    Tell me do you have some kind of problem with the ninja turtles because there is nothing wrong with them they are all I have outside my family so leave them alone.
    
    Well I don't think the ninja turtles need anyone to stick up for them honestly, they can take care of themselves, right? Anyway, I'm just wondering why you're posting the saga of the ninja turtles go to Canada on this thread about police abuse. Any particular reason?
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    - Gwiz (profile), 6 Nov 2014 @ 11:27am
      
      Re: Re: Re: Re: HI
      Anyway, I'm just wondering why you're posting the saga of the ninja turtles go to Canada on this thread about police abuse.
      
      I don't think that the Ninja Turtles are available anyways.
      
      They are pretty busy in Charleston helping Viacom put the smack down on little cable company operators:
      
      http://www.wvgazette.com/article/20141024/GZ01/141029428
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      - Laura McIntyre, 6 Nov 2014 @ 1:40pm
        
        Re: Re: Re: Re: Re: HI
        I am doing this because they are all I have outside my family I dont have anybody else and the ninja turtles know about the move and there is a company up here working on the move for the past 3 or 4 years so its going to happen no matter what and when they are here I am going to get them into canadas wonderland and my father is the one who has been abuesive to me and hurting the hell out of me and I told the police because they needed to know about the move. From Laura McIntyre
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Laura McIntyre, 26 Oct 2014 @ 8:04pm

HI
I must tell you people that its not just me not having anyone outside my family thats hurting the hell out of me but its everything else in my louisy life thats hurting the hell out of me. From Laura McIntyre
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nasch (profile), 31 Oct 2014 @ 12:04pm

Re: HI
Yeah Masnick, send the ninja turtles. What are you waiting for?
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Laura Mcintyre, 3 Nov 2014 @ 11:37am

HI
DROP DEAD BUDDY! From a bothered canadian
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Laura McIntyre, 7 Nov 2014 @ 7:38am

HI
I tell you people one thing because of how louisy my life is I wish I could do suicide I really really want to do suicide. From Laura McIntyre
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Laura McIntyre, 8 Nov 2014 @ 5:44pm

HI
If you people are wondering why I would love to do suicide I dont have anything to live for especially people at our cottage nobody wants me to do anything with them nobody would give me a good time and my father says hes proud of me why Im not doing anything for my father to be proud of nobody would be caught dead having me with them in this whole louisy world and everyone will be better off without me so why am I still around. From Laura McIntyre
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Dominic, 19 Jan 2015 @ 9:13pm

Woman
I heard
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