Eureka Cops Make Second Bunk Arrest at City Hall, VIDEO from Dec 12, 2009

Eureka City Hall False Arrest, Harassment of Houseless from we watch on Vimeo.

 

 

 

Video Transcribed- What are they saying?:

Officer Aubochon: We gotta advise you guys of a trespassing ordinance over here...'cause you were standing in the parking lot.

 

Woman: Oh, we have to stand on the sidewalk? Is that it?

 

Aubuchon: Listen, Do you guys... I still gotta read it... alright.

Alright- City Hall is closed. You need to leave the property immediately- which you already have done. Ummm, if you do not leave the property, you'll be arrested for trespass per PC 602(q). Once off the property, you're free to protest in a legal manner from any location that is legally available.

 

Camera holder: Can you define where that is?

 

Woman: Yeah- where would that be?

 

Aubuchon: Anywhere where it's legal.

 

Woman: Where would that be? Can you name a place?

 

Aubuchon: I can name off...

 

Woman: Do. Name somewhere.

 

Camera: Around this property.

 

Aubuchon: I don't need to do that. If you're somewhere where you're not supposed to be, then we'll coma and tell you....

 

Woman: You do. They don't know where to go.

 

Aubuchon: I'm gonna finish reading this

 

Woman: What did you say?

 

Officer Rolofson: If you're going to make a protest a legal protest, you need to find out where it's legal by contacting the City.

 

Man: Constitutionally, not.

 

Aubuchon: Yea, We're not here to argue with you...

 

Man: What are your names and badge numbers if I may? Please.

 

Aubuchon: Hold on. I'll give it to you in just a second. Once off the property you're free to protase..protest from any location that is legally available to you. If you're in the need of shelter, we may be able to assist you with that need.

Man: Or may not, eh?

 

Aubuchon: Do you need legal shelter? Does someone need a place to go?

 

Man 2: I do.

 

Woman: yes

 

Man: First amendment and right to redress grievances ..Constitution...

 

Aubuchon: If not, then you need to leave the property now, or you will be arrested. You already did that.

Okay? You've been advised that.

 

Man 2: Where's the shelter?

 

Aubuchon: My name is Officer Aubuchon. It's spelled...A-U-B-U-CH

 

Woman: You know, if you all are so nice, why don't you tell them a place to go?

 

Aubuchon: o-n

 

Woman: You know, I came up here the night after that tent was torn down.

 

Aubuchon: My badge number is #91.

 

Woman: I donated a bunch of stuff to them and ...it was gone.

 

Aubuchon: What's your name, sir?

 

Man: Change the laws?

 

Aubuchon: No, I...I came over here... Sir I need to know your name.

 

Man: You will not get a promotion for this. [to Rolofson] Sir, name and badge number please. I do not give you jurisdiction, I'm a free man.

 

Aubuchon: Ma'am, what's your name? You don't know your name?

 

Woman: Do I have to tell you?

 

Camera: NO.

 

Aubuchon: Yea, yes you do. You were...

 

Woman: Listen, let me tell you something.

 

Camera: Do you know, it's never illegal not to say your name?

 

Woman: When I saw what happened here the other night, I was so upset that anybody could be so heartless as to tear... to see that the tent was torn down and the bedding was gone. It was going to be 22 degrees that night and people were out here shivering... Their blankets were gone. What kind of a place is this?

 

Aubuchon: We understand, Ma'am, that people need a place to stay and that's why I just advised you that we can assist you in finding a place to stay if you need to. This is not..this is not a place to stay.

 

Woman: Do you want him to find you a place?

 

Man 2: Yea. Wherever for the night.

 

Aubuchon: Okay, we can assist you...

 

Woman 2: Wheer are the place you can assist people at?

 

Aubuchon: The first place we'll try is the mission.

 

Man: Are you aware that there's a California law that came into effect within the last year that says if there are not enough shelter beds for people in need, then you are to layoff, cease and desist, from harassing people for so-called "illegal camping" which is actually sleeping?

 

Aubuchon: No, I'm not aware of that, but the mission has advised us that they have not been full...

 

Sergeant Quigley: Leave or you're under arrest.

 

Aubuchon: Sarge...

 

Quigley: Leave or you're under arrest.

 

Aubuchon: Sarge, we advised, we advised them...

 

Man 2: We're having a conversation. We're having a conversation, sir.

 

Aubuchon: We need

 

Quigley: That's it.

 

Aubuchon: We need to log their names...

 

Quigley: yep. Identify yourself.

 

Aubuchon: correct? And they won't identify, they won't identify them...

 

Quigley: You will identify yourself, or you'll go to jail.

 

Aubuchon: This gentleman and this, and this lady...

 

Quigley: He's under, he's under arrest.

 

 

Aubuchon: okay, and the other one is the lady.

 

Man: Hey can anyone get my bike?

 

Quigley: Can you guys take his property?

 

Aubuchon: Ma'am, and this lady here needs to identify herself.

 

Woman 2: Can we get his key?

 

Quigley: Was she, was she trespassing?

 

Aubuchon: Yes.

 

Quigley: Get her name. Give me your name, ma'am, or you're under arrest.

 

Aubuchon: Ma'am what's your name?

 

Quigley: Did you see her trespassing?

 

Aubuchon: yes. If she won't identify herself, arrest her.

 

Quigley: Did you get her name?

 

Aubuchon: yes.

 

Quigley: Then we're done. On City Hall there's no trespassing or you will be arrested.

 

[cops leaving without finding a place for Man 2 to stay]

 

 

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Here is Penal Code Section 602 (q), trespass:

 

(q) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchman, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.

 

 

 

 

 

Comments

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