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(The Big Story)   California Highway Patrol investigators have seized the medical records of a woman seen on video being repeatedly punched by one of its officers on the side of a Los Angeles freeway because of course they have   (bigstory.ap.org) divider line 102
    More: Followup, California Highway Patrol, Southern California freeways, brutality, woman seen  
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10193 clicks; posted to Main » on 20 Jul 2014 at 10:58 AM (10 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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ZAZ [TotalFark]
2014-07-20 08:09:40 AM
Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.
 
2014-07-20 08:55:16 AM

ZAZ: Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.


It says right there: "tend". Maybe it was felony tending. Or intent to tend sometimes know as pretending.

LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.
 
2014-07-20 09:44:41 AM
How things have changed. Ponch and Jon would never have done anything like that. Whatever happened to the days when everything involving the CHP ended with everybody smiling?
 
2014-07-20 09:57:33 AM

edmo: ZAZ: Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.

It says right there: "tend". Maybe it was felony tending. Or intent to tend sometimes know as pretending.

LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.


/don't laugh
//we're getting there
 
2014-07-20 11:02:40 AM

edmo: ZAZ: Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.

It says right there: "tend". Maybe it was felony tending. Or intent to tend sometimes know as pretending.

LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.


The LAPD isn't going to lose this one.
 
2014-07-20 11:06:11 AM

jso2897: edmo: ZAZ: Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.

It says right there: "tend". Maybe it was felony tending. Or intent to tend sometimes know as pretending.

LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

The LAPD isn't going to lose this one.


I'm just a simple caveman. Your plethora of facts and talking points confuse me.
 
2014-07-20 11:07:11 AM
edmo:  LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

LAPD?


So, does this seizure violate HIPAA?
 
2014-07-20 11:07:14 AM
FTA: The officer, who has 1 1/2 years on the job, hasn't been identified and is on desk duty pending completion of the internal investigation.

Anyone want to roll the odds on the outcome of that investigation being "After careful review, we have determined that the officer in question followed correct procedure" ...?
 
2014-07-20 11:08:16 AM

jso2897: edmo: ZAZ: Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.

It says right there: "tend". Maybe it was felony tending. Or intent to tend sometimes know as pretending.

LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

The LAPD isn't going to lose this one.


Agreed.  It is hard for them to lose when they aren't involved at all (unless that was their off duty officer that assisted the CHP officer, but even then it doesn't appear he did anything wrong).  I know it is easy to jump to conclusions that police abuse means LAPD in Southern California, but remember there are lots of police agencies out there in the region, and all may have officers who do questionable things (as well as officers who do things right).
 
2014-07-20 11:09:08 AM
I think it is time for all cops to wear cameras that automatically upload to a cloud server maintained by the ACLU.
 
2014-07-20 11:10:21 AM

edmo: jso2897: edmo: ZAZ: Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.

It says right there: "tend". Maybe it was felony tending. Or intent to tend sometimes know as pretending.

LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

The LAPD isn't going to lose this one.

I'm just a simple caveman. Your plethora of facts and talking points confuse me.


Article says it was CHP (California Highway Police) who served the warrant and took the medical records.

CHP and LAPD are not the same police force, hence why the LAPD isn't going to lose this case... they are not even involved (surprisingly).
 
2014-07-20 11:12:06 AM

StrikitRich: edmo:  LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

LAPD?


So, does this seizure violate HIPAA?


I wouldn't think so as her mental and physical status may have a bearing on the "criminal behavior" of the suspect as well as any injuries she suffered in the incident would have a bearing on the charges potentially filed against the officer.  Her physical and mental state have a bearing on both of the individuals who may be charged so the investigating officers need that information to present the evidence to the DA to see if charges will be pursued against anyone involved.
 
2014-07-20 11:17:39 AM
Interestingly, there isn't a link to the supposed viral video of the beating, anywhere in TFA. Anyone got a link? The coffee isn't getting my blood moving quickly enough this morning, and I could use some outrage.
 
2014-07-20 11:17:48 AM
I don't know what the deal is. If they had a legit warrant; a judge had to approve it. Shouldn't we be upset with the judge that approved the warrant; not the agency that executed the warrant?

/ that is assuming that the warrant was on the level

// the police don't just write up warrants that don't get approved by a judge
 
2014-07-20 11:18:48 AM
Anyone have a link to the video? And does the AP have some kind of policy, or technical reason, that would explain why they didn't embed or link it in tfa?
 
2014-07-20 11:19:51 AM

SirLothar: Interestingly, there isn't a link to the supposed viral video of the beating, anywhere in TFA. Anyone got a link? The coffee isn't getting my blood moving quickly enough this morning, and I could use some outrage.


It isn't a big deal. It's a clear-cut case of 'stop hitting yourself'... a perfectly valid defense in SoCal.
 
2014-07-20 11:20:14 AM

Tom_Slick: I think it is time for all cops to wear cameras that automatically upload to a cloud server maintained by the ACLU.


You don't understand the thin blue line! If they have to always worry about what some dope smokin', commie lovin' desk jockey hippey watching everything they do then no one and no thing will be safe. If the ACLU has video of Officer Protect America eating a ham sandwich he will be fired for cruelty to animals. Just imagine what kind of punishment will be handed down to that brave officer if he does his job and stops a terrorist from selling marijuana to five year old Johnny Fresh Face.
 
2014-07-20 11:22:19 AM

iheartscotch: I don't know what the deal is. If they had a legit warrant; a judge had to approve it. Shouldn't we be upset with the judge that approved the warrant; not the agency that executed the warrant?

/ that is assuming that the warrant was on the level

// the police don't just write up warrants that don't get approved by a judge


It's the Judge, DA and Police people should be upset with. The system is corrupt and we all know it.
 
2014-07-20 11:22:21 AM
Sue the hospital too.
 
2014-07-20 11:23:39 AM
thanks obamacare!  now we know it was all just a ploy to get more minorities to check into the system so they can be tracked!
 
2014-07-20 11:24:07 AM
 
2014-07-20 11:24:17 AM

ZAZ: Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.


If that is the justification for yhe warrant it won't hold up in court. But more likely it is to invade her privacy to have her drop suit. They dont want a court hearing.
 
2014-07-20 11:24:40 AM

Daedalus27: jso2897: edmo: ZAZ: Pinnock's attorney, Caree Harper, said she was notified by Arevalo on Wednesday and told the search warrant was for "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."

Thanks for telling us what a search warrant is. Now tell us what this one was for. There are only two or three different stories out there (LA Times, AP, and maybe a third). None of them says anything about the warrant or the affidavit in support of the warrant.

It says right there: "tend". Maybe it was felony tending. Or intent to tend sometimes know as pretending.

LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

The LAPD isn't going to lose this one.

Agreed.  It is hard for them to lose when they aren't involved at all (unless that was their off duty officer that assisted the CHP officer, but even then it doesn't appear he did anything wrong).  I know it is easy to jump to conclusions that police abuse means LAPD in Southern California, but remember there are lots of police agencies out there in the region, and all may have officers who do questionable things (as well as officers who do things right).


i18.photobucket.com
 
2014-07-20 11:25:37 AM
I would bet a $20 that it gets leaked to the media that she has some mental condition and takes whatever meds.

Remember how it was made known that those two people delivering papers in a neutral colored pickup truck refused a new pickup.  Even though it was donated and they had to pay tax on it.

This is a PR war folks.  Gotta keep those upper class people thinking they are safe.
 
2014-07-20 11:25:46 AM

Daedalus27: StrikitRich: edmo:  LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

LAPD?


So, does this seizure violate HIPAA?

I wouldn't think so as her mental and physical status may have a bearing on the "criminal behavior" of the suspect as well as any injuries she suffered in the incident would have a bearing on the charges potentially filed against the officer.  Her physical and mental state have a bearing on both of the individuals who may be charged so the investigating officers need that information to present the evidence to the DA to see if charges will be pursued against anyone involved.


So if someone is suffering from some physical or mental malady it's okay for the police to beat the living cap out of them?
 
2014-07-20 11:26:31 AM

brimed03: Anyone have a link to the video? And does the AP have some kind of policy, or technical reason, that would explain why they didn't embed or link it in tfa?


I'm sure it's easy enough to google if you want to watch a cop repeatedly punch with downward force on the head of a black woman he's already taken to the ground.

Not my niche though so I can't help ya. I tend to like latin or indian girls and no rough stuff.

/Maybe a little rough stuff
 
2014-07-20 11:26:40 AM
She is going to be wealthier soon. He was hammering her...
 
2014-07-20 11:26:57 AM

bloobeary: FTA: The officer, who has 1 1/2 years on the job, hasn't been identified and is on desk duty pending completion of the internal investigation.

Anyone want to roll the odds on the outcome of that investigation being "After careful review, we have determined that the officer in question followed correct procedure" ...?


I found the angle they are going for
The officer detected a slight tremor of the ground. Upon realizing he was on a fault line he attempted to punch the earth on the fault line down into place. It has been determined that Marlene Pinnock interfered with official police business by repeatedly placing her face inbetween the ground and the officers fists.
 
2014-07-20 11:29:17 AM

Mr.Hawk: http://www.latimes.com/local/la-me-chp-altercation-20140707-story.htm l


Yep. She was CLEARLY the aggressor.
 
2014-07-20 11:30:54 AM

StrikitRich: So, does this seizure violate HIPAA?


yes
and when she is done with her lawsuits, she will be quite rich
(she will probably piss it away in a year, but whatever)

Nothing that they seized will be admissible and pretty much any judge will be dismissing her criminal case at this point.
The interesting question will be if there are criminal charges against CHP for fraudulently using or getting a warrant.
Judges tend to get pissed when you lie to them about warrants.

meh
 
2014-07-20 11:32:16 AM

Callous: Daedalus27: StrikitRich: edmo:  LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

LAPD?


So, does this seizure violate HIPAA?

I wouldn't think so as her mental and physical status may have a bearing on the "criminal behavior" of the suspect as well as any injuries she suffered in the incident would have a bearing on the charges potentially filed against the officer.  Her physical and mental state have a bearing on both of the individuals who may be charged so the investigating officers need that information to present the evidence to the DA to see if charges will be pursued against anyone involved.

So if someone is suffering from some physical or mental malady it's okay for the police to beat the living cap out of them?


Yes.. yes, it is.  And, fined for screaming too loudly while being struck.
Also, that's CRAP, not cap!
 
2014-07-20 11:33:02 AM
Daedalus27 ,
Agreed. It is hard for them to lose when they aren't involved at all (unless that was their off duty officer that assisted the CHP officer, but even then it doesn't appear he did anything wrong). I know it is easy to jump to conclusions that police abuse means LAPD in Southern California, but remember there are lots of police agencies out there in the region, and all may have officers who do questionable things (as well as officers who do things right).


1-There are clearly bad cops out there
2-Anytime a 'good cop' has an interaction with a 'bad cop', they can go along or join them.
3-Anytime a 'good cop' does not cross into the dark side of the blue line of a 'bad cop', they loose their job.

So are there good cops and bad cops? You decide.
 
2014-07-20 11:33:20 AM
Yeah... After reading the HIPPA faq, the government can pretty much get at anything they want, whenever they want, for whatever reason, citizen.

That's nice.

To respond to an administrative request, such as an administrative subpoena or investigative demand or other written request from a law enforcement official. Because an administrative request may be made without judicial involvement, the Rule requires all administrative requests to include or be accompanied by a written statement that the information requested is relevant and material, specific and limited in scope, and de-identified information cannot be used (45 CFR 164.512(f)(1)(ii)(C)).

It's for the Greater Good, you see.
 
2014-07-20 11:35:49 AM

brimed03: Anyone have a link to the video? And does the AP have some kind of policy, or technical reason, that would explain why they didn't embed or link it in tfa?



http://www.youtube.com/watch?v=4-13eZZH7Yk
 
2014-07-20 11:37:24 AM

Callous: Daedalus27: StrikitRich: edmo:  LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

LAPD?


So, does this seizure violate HIPAA?

I wouldn't think so as her mental and physical status may have a bearing on the "criminal behavior" of the suspect as well as any injuries she suffered in the incident would have a bearing on the charges potentially filed against the officer.  Her physical and mental state have a bearing on both of the individuals who may be charged so the investigating officers need that information to present the evidence to the DA to see if charges will be pursued against anyone involved.

So if someone is suffering from some physical or mental malady it's okay for the police to beat the living cap out of them?


You miss the part where she was a pedestrian?  Clearly, she didn't have enough money to have rights...
 
2014-07-20 11:39:50 AM
Pick up that can
 
2014-07-20 11:39:51 AM

TheMega: Callous: Daedalus27: StrikitRich: edmo:  LAPD will lose this one. If they don't they'll soon be able to seize all your lawyer's materials too.

LAPD?


So, does this seizure violate HIPAA?

I wouldn't think so as her mental and physical status may have a bearing on the "criminal behavior" of the suspect as well as any injuries she suffered in the incident would have a bearing on the charges potentially filed against the officer.  Her physical and mental state have a bearing on both of the individuals who may be charged so the investigating officers need that information to present the evidence to the DA to see if charges will be pursued against anyone involved.

So if someone is suffering from some physical or mental malady it's okay for the police to beat the living cap out of them?

Yes.. yes, it is.  And, fined for screaming too loudly while being struck.
Also, that's CRAP, not cap!


Auto correct got me.
 
2014-07-20 11:40:32 AM

Adolf Oliver Nipples: How things have changed. Ponch and Jon would never have done anything like that. Whatever happened to the days when everything involving the CHP ended with everybody smiling?


People finally realized Disco was a joke.
 
2014-07-20 11:41:03 AM
I don't see what possible relevance her medical conditions could have to the investigation. Her conduct immediately before the beating, yes. Her confidential statements to doctors afterwards, while suffering traumatic head injury, not so much.
 
2014-07-20 11:41:17 AM
Help me out here, I don't even qualify as an armchair Fark law-talkin-guy.  What relevance is anything that might be obtain through a search warrant executed on the victim except to attempt to find SOME way to rationalize a law enforcement officer pinning then punching said victim?  Is straddling and punching anyone EVER considered appropriate procedure for law enforcement?  How does the lady's medical records play into determining if protocol was followed? If someone is sufficiently crazy, is it ok to punch them in the face?
 
2014-07-20 11:41:46 AM

drjekel_mrhyde: Pick up that can

blood

FTFY
 
2014-07-20 11:44:34 AM

iheartscotch: I don't know what the deal is. If they had a legit warrant; a judge had to approve it. Shouldn't we be upset with the judge that approved the warrant; not the agency that executed the warrant?

/ that is assuming that the warrant was on the level

// the police don't just write up warrants that don't get approved by a judge


Under the Defense Authorization acts, they can get search warrants after the search has already been done.
 
2014-07-20 11:46:28 AM
I hope like hell the warrant was a heck of a lot more specific than "property or things that are evidence that tend to show that a felony has been committed or tends to show that a particular person has committed a felony."   That is so vague it's giving the cops free range to do whatever the hell they want in a giant fishing expedition.
 
2014-07-20 11:46:33 AM
I don't think the commissioner was thinking at the time of his response to the question on a search warrant.


"I think what they're trying to do is, they don't have a statement from her, and they're trying to find that out," Farrow said.

I don't think a search warrant would include obtaining a copy of medical records to look for a legal statement regarding an incident the LEO may have been a party to.
 
2014-07-20 11:48:10 AM

Doubleodoug: Help me out here, I don't even qualify as an armchair Fark law-talkin-guy.  What relevance is anything that might be obtain through a search warrant executed on the victim except to attempt to find SOME way to rationalize a law enforcement officer pinning then punching said victim?  Is straddling and punching anyone EVER considered appropriate procedure for law enforcement?  How does the lady's medical records play into determining if protocol was followed? If someone is sufficiently crazy, is it ok to punch them in the face?


Prior to them seizing her records there was absolutely no relevancy. The relevance now has to do with private and possibly embarrassing medical information about her "accidently" leaking to the public should she decide to pursuit any legal action against the department or the officer.
 
2014-07-20 11:49:11 AM
Is this the woman who was "lost in the system" for five days so the relatives couldn't visit her in the hospital, since the mysteriously her name kept getting changed by the police. Kudos. Great tactic.
 
2014-07-20 11:56:09 AM
This reminds me of what the IRS is doing to protect their blatant disregard of the law. Those defending Lois Learner are defending the police by proxy.
 
2014-07-20 11:56:25 AM
But she had it coming and I'm sure those records will show just what a nut job parasite she is. She thought she was entitled to walk on that interstate and ignore a cop when she broke the law and then fight him. And not just once, she came back and the edited tiny blip of video shows the last part of a cop dealing with living garbage who thinks they are above all laws.

Her frivolous law suits need to be tossed and obviously she needs that turd filled melon she calls a head hit several more times. Stupid broad. ACLU could use a mass boot to the head also.
 
2014-07-20 11:56:54 AM
MyRandomName
2014-07-20 11:24:17 AM

ZAZ:

If that is the justification for the warrant it won't hold up in court. But more likely it is to invade her privacy to have her drop suit. They dont want a court hearing.


---------------------------------------
// It is likely her injuries are far more serious than anyone wants to talk about [could cause a riot].
Thats why a warrant is needed, -before- she dies of those injuries.

She may not be able to think or speak very well, semi comatose, has severe brain injuries, likely bedridden for life.

The medical bill is already past a million bucks.
Thats a lot of money for Ca. to pay out for a man's indulgence in hate or 'roid rage.

51 yrs old woman vs armored young cop, who probably weighs 2x what she does, trained to deliver crippling blows, takes steroids, works out, etc.
Those punches were the kind you'd use on a steer, or a bear.
Did he use brass knucks? Leaded gloves?

He could have tucked her under one arm and carried her away from the road!

I think a felony was committed, by the officer.
Quite a few others think so too.
 
2014-07-20 11:58:04 AM

AndreMA: I don't see what possible relevance her medical conditions could have to the investigation. Her conduct immediately before the beating, yes. Her confidential statements to doctors afterwards, while suffering traumatic head injury, not so much.


I wonder if she was all over the place during her arrest. Like screaming, kicking, biting. So much so, that they want her medical records just to see what the hell is wrong with her. After all what would make a person wander around in the middle of an L.A. highway? Not on the shoulder but crossing lanes like she walking through a park.
 
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