Thread: California Deputies Seize Phones from Witnesses After Beating Man to Death

May 10th, 2013California Deputies Seize Phones from Witnesses After Beating Man to Death 52

By Carlos Miller

Law enforcement authorities in California beat a man to death with their batons before seizing at least two cell phones from witnesses who captured the incident on video.
One of the phones was seized without a warrant. The second phone was seized with a warrant but only because an attorney for the witnesses had arrived on the scene.
It doesn’t appear as if the lawyer had any sense to download the video before the phone was seized.
Or more likely, Kern County sheriff deputies would not allow it.
According to the Bakersfield Californian:

John Tello, a criminal law attorney, is representing two witnesses who took video footage and five other witnesses to the incident. He said his clients are still shaken by what they saw.
“When I arrived to the home of one of the witnesses that had video footage, she was with her family sitting down on the couch, surrounded by three deputies,” Tello said.
Tello said the witness was not allowed to go anywhere with her phone and was being quarantined inside her home.
When Tello tried to talk to the witness in private and with the phone, one of the deputies stopped him and told him he couldn’t take the phone anywhere because it was evidence to the investigation, the attorney said.
“This was not a crime scene where the evidence was going to be destroyed,” Tello said. “These were concerned citizens who were basically doing a civic duty of preserving the evidence, not destroying it as they (sheriff deputies) tried to make it seem.”

Deputies told the witnesses they could retrieve their phones the following day after the footage had been downloaded.
Now they’re telling the witnesses it could take years.
The law states that authorities can only seize your phone without a warrant under exigent circumstances, meaning there is probable cause the witness will destroy the video evidence. And they still would have to obtain a warrant or subpoena to view the footage.
But the law does not forbid citizens from downloading the footage before handing it over. A judge might be able to order a citizen from posting a video online but would have to provide a valid explanation as to why.
But despite what the law states, nothing will stop a group of cops from seizing your phone if it contains evidence of them violating the law.
And in this case, it appears as if they did just that as Kern County sheriff deputies and California Highway Patrol officers responded to a report of an intoxicated man standing in front of a local hospital, meaning there could possibly be video from surveillance cameras.
David Sal Silva, a 33-year-old father of four, died begging for his life, fighting up to nine law enforcement officers.

People who say they witnessed the incident as well as Silva’s family members described a scene in which deputies essentially were beating a helpless man to death. They were indignant that cellphone video had been taken away by deputies.
“My brother spent the last eight minutes of his life pleading, begging for his life,” said Christopher Silva, 31, brother of the dead man. He said he’s talked to witnesses but did not see the incident himself.
At about midnight, Ruben Ceballos, 19,was awakened by screams and loud banging noises outside his home. He said he ran to the left side of his house to find out who was causing the ruckus.
“When I got outside I saw two officers beating a man with batons and they were hitting his head so every time they would swing, I could hear the blows to his head,” Ceballos said.
Silva was on the ground screaming for help, but officers continued to beat him, Ceballos said.
After several minutes, Ceballos said, Silva stopped screaming and was no longer responsive.

The Kern County Sheriff’s Office identified the officers involved as Sgt. Douglas Sword and deputies Ryan Greer, Tanner Miller, Jeffrey Kelly, Luis Almanza, Brian Brock and David Stephens. The CHP hasn’t identified its two officers involved in the incident.
Although there are several methods of being able to transmit video footage to a remote server while it is being recorded, they all come with certain drawbacks and are not always reliable.
That will one day no doubt change as technology keeps evolving, but one method to keep them from deleting your footage is to lock your phone with a password, but that still won’t keep them from taking your phone along with the footage, then claiming they lost the phone.
If you have any suggestions on how to save or store your footage in such a situation, please list it below in the comments section.

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http://photographyisnotacrime.com/20...-man-to-death/

California dad 'begged for his life' as police beat him to death - witnesses

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Published time: May 10, 2013 23:38
AFP Photo / Jonathan Alcorn



A California father of four died Wednesday shortly after a group of police allegedly beat him with batons as he lay defenseless on the sidewalk. Cops, before confiscating witness' cameras, also reportedly unleashed a canine unit on him.
David Sal Silva, 33, allegedly resisted when police approached him to ask if he was who neighbors called about to complain of an intoxicated man in the area. The officers called for backup and, witnesses told the Bakersfield Californian, Silva was soon being beaten in the face and upper body by as many as nine policemen and their batons. At least one of the cops reportedly held a German Shepherd on a leash nearby.

Witnesses who had recorded the events on their cell phone cameras had the devices confiscated by officers, who claimed the footage was part of a police investigation that could yield evidence. The Sherriff’s Department has released the names of seven officers who were on the scene, but the identities of the California Highway Patrol police who were also there have not yet been made public.
“When I got outside I saw two officers beating a man with batons, and they were hitting his head so every time they would swing, I could hear the blows to his head,” said witness Ruben Ceballos, who told the Californian the noise was so loud it woke him up.
AFP Photo / Kevork Djansezian

“His body was just lying on the street and before the ambulance arrived one of the officers performed CPR on him and another used a flashlight on his eyes but I’m sure he was already dead.”

Police have refused to comment, citing an ongoing investigation that could take years to complete, but relatives have demanded the cell phone footage be made public.

“My brother spent the last eight minutes of his life pleading, begging for his life,” said Christopher Silva, 31. “The true evidence is in those phone witnesses that apparently the sheriff deputies already took. But I know the truth will come out and my brother’s voice will be heard.”
An autopsy was completed Thursday but the cause of death’s release is pending a toxicology report and microscopic studies, the local coroner’s office told the Bakersfield Californian Friday.

The family has hired attorney David Cohn, who told reporters they plan to file a civil rights lawsuit in federal district court next week. He sent a letter formally requesting that law enforcement agencies do not tamper with the video evidence on the phones.

“We all know that a picture is worth a thousand words,” Cohn said. “And thank God we have concerned citizens who take video and pictures of incidents like this and who are ultimately policing the police … But we will get to the bottom of this and I ask the sheriff’s department once again, what are you hiding?”

http://rt.com/usa/begged-for-life-cops-beat-126/

UPDATE

video at link below

Father Beaten To Death By 9 Sheriffs, Bystanders Captured On Camera

truther May 16, 2013





A Bakersfield father of four died this week after struggling with nearly nine police officers outside of a medical facility. Witnesses say that the thirty-three year old pled for his life. Reports say he died early Wednesday morning after being struck by nine officers an unreported number of times. He was believed to be intoxicated. Some witnesses evidently filmed the incident on their cellphones. However, deputies were quick to confiscate the phones.Individuals who claim they saw the event in addition to Silva’s relatives recounted a scene where officers were beating a powerless man to death. Witnesses were outraged at video evidence being confiscated by deputies. According to Reason Magazine: John Tello, a criminal law attorney, is representing two witnesses who took video footage and five other witnesses to the incident. He said his clients are still shaken by what they saw. “When I arrived to the home of one of the witnesses that had video footage, she was with her family sitting down on the couch, surrounded by three deputies,” Tello said. Tello said the witness was not allowed to go anywhere with her phone and was being quarantined inside her home. When Tello tried to talk to the witness in private and with the phone, one of the deputies stopped him and told him he couldn’t take the phone anywhere because it was evidence to the investigation, the attorney said….. A search warrant wasn’t presented to either of the witnesses until after Tello arrived, he said, adding that one phone was seized before the warrant was produced. Tello said the phone of the first witness was taken after the deputies told him he was either going to give up the phone the easy way or the hard way. Source: mrconservative


http://www.pakalertpress.com/2013/05...red-on-camera/

David Silva Murder: Coroner Who Cleared Deputies Is…The Sheriff!





By Becky Akers

No wonder the coroner’s report on David Sal Silva’s murder completely exonerates the sheriff’s deputies who beat him to death: Kern County’s coroner is none other than the deputies’ boss and tireless defender, Sheriff Donny Youngblood.
Yeah, my jaw dropped, too. As the Bakersfield Californian ironically puts it, “Some have long worried that combining the sheriff’s department with the coroner’s office could lead to, at the very least, the appearance that the two entities are working hand in glove.” No, really?


Tell me again why any rational person gives the murderers, thieves, and sociopaths in office even a featherweight of credibility or respect. Why haven’t we long ago rounded up all official predators and run them out of the country on a rail?
Source: Lew Rockwell

http://libertycrier.com/government/d...s-the-sheriff/