I am a Retired New York City Police Detective. Along with my Business partner, John J. Baeza, we started a police procedures expert witness practice in which we review alleged police misconduct cases. Little did I know I might need John’s expertise with an incident between me and a NY Metropolitan Transit Authority (MTA) police officer.

It was Tuesday, November 26^th, 2019 at about 6:00 PM. I was waiting to pick up my daughter at the Mineola Long Island Station (I live in Nassau County, New York). I was sitting in my car, parked legally, engine turned off and looking down at my phone checking to see where my daughter was on the train. When all of a sudden I looked to my left and saw a cop standing next to me on the driver side. I lowered my window and said, “can I help you officer?” To which he replied ”are you alright”? I then replied ”yes”, then asked him why he was asking me that! He then proceeded to tell me he observed me slumped over the steering wheel with my eyes closed. This was totally false. Why he would make up such a story was beyond me. After going back and forth with his line of questions, he wanted me to figure out why he was asking these kinds of questions. He asked me if I was a cop because he noticed my F.O.P. plates (Fraternal Order of Police). I confirmed that I was a retired police officer. When I told him I had no idea was he was asking me these questions, it dawned on me he either thought I was intoxicated or I was on drugs. Once I shot down that line of questioning, he gave up and now told me the way my car was parked was dangerous and I could get rear ended. I told him I’ve parked in this legal spot, seated in my car, while picking up my wife or daughter without any problems. After this he walked away angry and upset. You Have the Right to ... Duane, James Buy New $4.74 (as of 01:05 UTC - Details)

I believe he was setting me up for a false arrest! If he would have asked me for identification I would have refused to give it to him. If he had tried to administer an alcohol breathalyzer test, I would have also refused that too! Now some people would say, if you’re not intoxicated or high on drugs, why not take the test? Several reasons not to: 1. He had no probable cause to administrate such a test since his observations were false, and 2. He was violating my civil and constitutional rights! I also believe being a retired police officer was the only thing that stopped him from trying to arrest me. I do not believe the average citizen would have been so fortunate. One of the many problems within police departments throughout America is police officers like this one in this encounter. And part of the reason they can get away with this unlawful behavior is because the police department allows it! They are rarely disciplined, arrested, or prosecuted. I was willing to let this railroad cop arrest me on a false charge, and go through everything I needed to go through to prove everything he did to me was illegal!!! What I’m telling you is to stand up for your rights. These cops act and think like the Nazi Gestapo putting one boot on your neck and expecting you to follow any and all orders they give.  It doesn’t matter if those orders are lawful. And don’t try to talk back or question them. It comes down to the old saying, “show me your papers!” And if it can happen to me, a retired cop, it is certainly happening to thousands of other citizens every day. John had been telling me this for some time but I just shrugged it off.  Not anymore! It had to actually happen to me to now believe we must fight back! I am reminded of the Martin Niemoller quote:

First they came for the Jews
and I did not speak out
because I was not a Jew. 

Then they came for the Communists
and I did not speak out
because I was not a Communist.

Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.

Then they came for me
and there was no one left
to speak out for me.

I am going to speak out for myself and I hope you do as well.  To get a good start read James Duane’s book “You Have the Right to Remain Innocent.” James also has a very good YouTube Video “Don’t Talk to the Police.” John Rutherford does excellent work in defense of our rights at The Rutherford Institute. Read this great Butler Shaffer article on the U.S. Police State.

Let us all fight back!