It was apparent to me after watching the original video that the officer was doing a whisper stop for HSI. I won’t go into the tactics and reasoning for whisper stops, but I believe the lawyer mischaracterizes it some. There are reasons for maybe not having two units there at the beginning of the stop, but the lack of back-up is a legitimate question.Originally Posted by FNFAN
I’ve had a whisper stop turn into an OIS. It’s always dangerous stopping known bad guys.
And the lawyer makes some dangerous assumptions about the agents having on tac gear and rifles. On anything dangerous I know myself and plenty of other LEO’s at all levels keep that stuff at arms reach. They could’ve easily donned it while driving up to the stop location.
Question: if you were sent out on a whisper stop, wouldn’t the fact that it was a whisper stop to begin with make you assume you were likely dealing with a real bad guy? Like even more than your default assumption that anyone you pull over could be a real bad guy? Or do whisper stops often involve nonviolent criminal suspects?
It can go either way. Some couriers are just couriers, chosen for their lack of criminal history, gender, etc.
Completely agree.
Can't speak to the current matter, but over the years when I had the opportunity to use various departments to make a stop...Florida Hwy Patrol, Miami-Dade, City of Miami P.D., Broward Sheriff's Office, Ft. Lauderdale Police etc...I always advised them what the case was about and details about the subject.
Obviously, any vehicle stop is a high risk venture by its nature, but I've never felt a need to withhold info from a fellow LEO that was assisting on a case.
This one is just tragic.
There's nothing civil about this war.
https://www.police1.com/drug-interdi...9njvbYXJ0ZZApc
A ranking agent with HSI told State Police investigators he knew there was a plan to have State Police pull over Cueva between Deming and Las Cruces "if the opportunity came." If not, the 39-year-old would have been busted by multiple HSI agents in armored vehicles when he met up to sell the meth.
Agents told State Police investigators they knew Cueva was armed and had told them he "was not going back to jail." Cueva was killed in a gunfight with authorities in Las Cruces shortly after he killed Jarrott.Cueva said he could meet to sell 5 pounds of meth on Feb. 4 and HSI chose State Police Officer Leonel Palomares, a K-9 officer, to make a "high-risk" stop and gave him "full disclosure" on "everything they knew about Cueva." Meanwhile, HSI sent out a "be on the lookout" advisory on Feb. 2 as Cueva was traveling on I-10 between Arizona and New Mexico.
By Feb. 3, Huerta told investigators, Cueva was back in Deming and HSI reached out to State Police Sgt. Mark Madrid for assistance in a possible traffic stop. Madrid told him "his guys would be available."
Huerta said the plan was still for Officer Palomares to make the stop and he did not "know where the breakdown in information happened" or why Jarrott made the traffic stop.
Palomares told investigators he had originally been asked to stop Cueva on Jan. 28. He had been briefed by State Police Sgt. Sean Wood on Cueva's background and was told he needed a second officer with him during the stop. Palomares said the stop was canceled after Cueva sold all the narcotics to an undercover agent."I questioned Agent Huerta on why on his Ops plan stated this was not a high-risk operation. Agent Huerta (said) it was an oversight on his part. But, based on everything they had planned for this operation, it was indeed a high risk," one investigator wrote.
Metro Nashville OIS from last night. I had no idea Nashville was allowing RMR’s.
Harris County TX OIS - Emotionally Disturbed Psrson with a knife.
Original video:
Same video unrestricted but with poor quality comments.
Background: https://www.google.com/amp/s/abc13.c...shot/10531653/
Last week, the family attorney of Marcelo Garcia, the man who was shot and killed by a Harris County deputy, was adamant that the 46-year-old did not have a knife during the incident that led to his death. But this week, the released body camera video shows Garcia did have a knife in his hand.
On Tuesday, the Harris County Sheriff's Office provided updated information on the shooting that happened on Wednesday, April 14, in the 5900 block of Sunflower Prairie Court in east Harris County. Not just that, but the sheriff's office also released the bodycam video of the deputy who responded to the scene, which resulted in the death of Garcia - whose family says was in mental distress.
Last edited by HCM; 04-25-2021 at 12:00 PM.
My understanding is New Mexico had some screwed up state laws regarding whisper stops which is why they do the BOLO thing there.
Yeah, looks like they have some restrictions on pretextual stops:
If the stop can be justified objectively on its face and the defendant argues that the seizure was nevertheless unreasonable because it was pretextual under the New Mexico Constitution, then the district court must decide whether the officer's “motive for [the stop] was unrelated to the objective existence of reasonable suspicion or probable cause.” Leary & Williams, supra, at 1038. The defendant has the burden of proof to show pretext based on the totality of the circumstances. If the defendant has not placed substantial facts in dispute indicating pretext, then the seizure is not pretextual. If the defendant shows sufficient facts indicating the officer had an unrelated motive that was not supported by reasonable suspicion or probable cause, then there is a rebuttable presumption that the stop was pretextual.
https://caselaw.findlaw.com/nm-court...s/1426068.html
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