On The Abuse Of Police Power In Penfield, New York: Part II : www.excelsiorpage.com
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On The Abuse Of Police Power In Penfield, New York: Part II

by Chris Chichester on 02/28/18

"The function of the police is to solve problems that have law enforcement consequences in a way that is based on a genuine partnership with the neighborhood in both the venting of the problem and the discussion of the solution." -- James Q. Wilson

The Monroe County Sheriff's Office is deployed to my house at 26 Sanders Farm Drive in Penfield eight times during the last two months. Because I walk my shih tzu. It is manipulation and abuse of the law.  It is a disgraceful, ongoing harassment.  

For six years I've walked my dog along a dirt path next to my house. A parking lot separates my house from a business: Consumer Insights. The path travels 50 yards. My dog has defecated and urinated on its desolate earth 3,000+ times.  

On February 13 I walked him.  A car from Consumer Insights departed the parking lot as I stood on the dirt path.  It stopped and idled.  I looked at the driver and passenger. One minute passed.  The car continued to idle with its two occupants staring at me.  I ended this bizarre intrusion into my life with forceful language. 

Approximately thirty minutes later two Monroe County sheriff's deputies arrived at my front door. I asked: What law did I break?  Each failed to answer.  I asked: Is it illegal for a citizen to exercise his First Amendment right in public? Each failed to answer.  I asked: Did you bring a copy of the property record or title that demonstrates Eliot Roth of Consumers Insights owns the land I walk my dog on? Each failed to answer.  I asked:  What is the name of the individual abusing 911? Each failed to answer. Because I am not in violation of any law. Or statute. Or ordinance. Or rule. Or proclamation. 

One deputy decided I required an interrogation: 

Deputy: What did you say to the woman in car?! 
Chris Chichester: I said: What the fuck are you looking at? Fuck you. Just like I'm going to say to you as you stand there with that stupid look on your face: What the fuck are you looking at? Fuck you.
Deputy: Don't you swear at me.
Chris Chichester: I'll use any fucking language I want in my fucking house. Fuck you. 

I was surprised this character did not read my Miranda warning for the use of profanity in my living room. Or place me in a chokehold. Or handcuff me to the coat rack. Or subdue me with his X26 Taser.  

The delusional New Yorkers at Consumer Insights believe the Sheriff is a personal security detail. Rather than explain the lawful use of the police power to these extremists the Sheriff empowers them.  His deputies arrive at my house with an enthusiasm that should be reserved for felons.  It is a crime in our Empire State to falsely report an incident. From Penal Law § 240.50:  

A PERSON IS GUILTY OF FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE WHEN, KNOWING THE INFORMATION REPORTED, CONVEYED OR CIRCULATED TO BE FALSE OR BASELESS, HE OR SHE:

1. INITIATES OR CIRCULATES A FALSE REPORT OR WARNING OF AN ALLEGED OCCURRENCE OR IMPENDING OCCURRENCE OF A CRIME, CATASTROPHE OR EMERGENCY UNDER CIRCUMSTANCES IN WHICH IT IS NOT UNLIKELY THAT PUBLIC ALARM OR INCONVENIENCE WILL RESULT; OR

2. REPORTS, BY WORD OR ACTION, TO AN OFFICIAL OR QUASI-OFFICIAL AGENCY OR ORGANIZATION HAVING THE FUNCTION OF DEALING WITH EMERGENCIES INVOLVING DANGER TO LIFE OR PROPERTY, AN ALLEGED OCCURRENCE OR IMPENDING OCCURRENCE OF A CATASTROPHE OR EMERGENCY WHICH DID NOT IN FACT OCCUR OR DOES NOT IN FACT EXIST  

My 12-pound dog exercising his bodily functions is not an impending catastrophe or emergency. He is also not a Davidian Seventh-Day Adventist in Waco, Texas or former U.S. Army special forces combat engineer living peacefully in a Ruby Ridge, Idaho cabin.  He is from the Tibet Plateau and demonstrates how the Wade-Giles scheme reflects the use of a syllabic fricative after a corresponding consonant in modern Mandarin.

Mr. Roth believes the proper method for resolving a dispute is not communication or conversation. He cravenly refused to knock on my door and talk to me directly.  When I attempted to speak to him at his business he screamed at me to leave -- and called the Sheriff's office. Again. 

I reported Consumer Insights to the Bureau of Consumer Frauds and Protection for Attorney General Eric Schneiderman.  I'm not waiting in breathless anticipation for a response. Despite the consumer fraud I now require protection from.  

I've never been arrested, charged or convicted of a crime.  I believe in the law and the propagation of a civil society.  Yet today I am the focus of law enforcement in performing a daily task notable for its banality. 

The Sergeant for the Zone came to my house after the confrontation with the two deputies.  It is the first time I spoke to an individual at the Sheriff's office with an understanding of police power. This appalling situation has careened to the point a supervisory deputy is in my living room because of: Boom Boom.  He is named after former World Boxing Association lightweight champion Ray "Boom Boom" Mancini.   

I adopted my dog from Lollypop Farm Humane Society in 2011.  After an interview about my experience and employment history.  I wanted a dog nobody wanted.  On that day I am unaware that the Monroe County Sheriff's Office is empowered to descend on my house like I'm a criminal mastermind of Penfield by the lunatic fringe represented at Consumer Insights. 

At his swearing-in ceremony on January 2 Sheriff Todd Baxter said: 

"I think people are just looking for that sense of hope when it comes to law enforcement." 

I hope I don't have to utter another syllable in front of your deputies, Todd. I hope you understand a criminal threat is not a dog walker. I hope you possess a professional comportment devoid of hysteria, extremism and incompetence. I hope you leave me alone.

*

Freedom Lies In Being Bold -- Robert Frost
www.eff.org