COM 0564.002 1996-1998 - Laserfiche WebLink

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did not talk to any others in the store at that point, but "determined" while speaking to Schutte "that a crime had occurred". At 9:05AM Clark put out an APB (All Points Bulletin) to have Plaintiff arrested immediately, instead of first obtaining an arrest warrant, which no judge would have signed on such scant information (a judge was sitting in Honokaa). 19. Clark had no probable cause for ordering Plaintiffs immediate arrest. as he did, and thus violated his oath of office: Section 803-1. 5. and 6 of the Hawaii Revised Statutes IHRSI: County of Hawaii Police General Orders IGOI 606x1. III. VIII, X and XI: GO 300A-IV: the Hawaii Constitution Art. 1 Section 5. 6 and 7 and cor- respondina articles of the U.S. Constitution: Section 1983 of Chapter 42 of the Uni- ted States Code IUSC) and Rule 8 of the Hawaii Rules of Penal Procedure (HRPPI. COUNT 2 - SADISTIC AND ILLEGAL SHOW OF FORCE AND ARREST 20. At about 9:10AM Plaintiff s car was spotted by Defendants Alan M. Kimura, a policeman from the Honokaa station and Joseph T. Lally (station unknown), He was stopped at Kaohe appr. 25 miles east of Kamuela and surrounded by five police cars. NONE OF THEM ANNOUNCED THAT THEY WERE OFFICERS OF THE LAW. OR SHOWED A WARRANT OR INFORMED PLAINTIFF WHY HE WAS STOPPED. At a loss what could possibly be wrong, Ross opened his left window and asked Defendant Joseph T. Lally (Lally) "What is the probable cause?" because he had not violated any traffic laws. There was no answer. He was then asked if he was Henry Ross, he said "yes". Lally then commanded him to give his driver's license which he did, and was told to get out of his car. He did not do that but instead asked for Lally's name and again what the probable cause was for stopping him, as without probable cause people could not be commanded out of their car. Policeman Alan M. Kimura (Kimura) then said: "We had a call from an officer in Kamuela", probably meaning the APB of item 18 supra. 21. Ross was not told that he was under arrest for for whatl. Kimura opened the car door and Dulled Ross. who is very visibly an old man. forcefully out of the car and immediately nut a handcuff on one wrist while Lally very rudely and pain- fully put his other wrist in the cuff and then kicked his leas apart with his boots. Then from behind Lally stuck his hands in Ross' front Want pockets. Dulled out