Police Tactics Called into Question After Unlawful Entry, Dog Attack on Face

[XLFD]

Martin Lee Hoogvelt was burning a Christmas tree in a burning barrel in his backyard when somebody called it in to the local West Jordan (Utah) Police Department.  An incredibly sized force, along with a canine unit, descended upon the property of Mr. Hoogvelt responding to what was deemed 'felony arson' according to the recordings gleaned from the canine handler. 

But it only got worse, the police response came to Mr. Hoogvelt's front door, threatened to kick in his front door if he did not open it for them.  Absent any warrant or true exigent circumstances, the police cannot force their way into a house. 

They entered anyway using force and without warrant, and shortly encountered Martin sitting peaceably on his couch, probably wondering why the police were there.  After he is told to raise his hand and dutifully does so, he is told to get slowly up off the couch, which can be difficult without using hands.  A second passes while the officer tells him he will release the dog if he doesn't follow his unlawful direction after his unlawful entry, and the dog immediately rushes in and clamps down horribly unto the man's face. 

Be warned, the video is graphic and horrifying, particularly when you consider the backdrop of what led up to this and the audacity of these officers to barge into this man's house and sic the dogs on a cooperative young man who at worst violated a city's fire code ordinance.  If seeing someone's chin get chewed sounds nasty to you, don't watch the video.  Martin Hoogvelt had no such option, and will likely face (no pun intended) PTSD for his lifetime over what happened to him that day (March 24, 2013).  His attorney released the footage at the commencement of a lawsuit against the WJPD this Thursday.

Read and see more here:  http://www.liveleak.com/view?i=ed5_1430483035 and at http://www.sltrib.com/news/2460434-155/west-jordan-police-sued-for-... 

This has much relevance to what has recently happened in Ludington.  Last fall, after restricting fireworks of almost any type to federal holidays, thecity passed a new fire code which was much like a standard fire code, except it allowed local police and fire officers to use their discretion as to what constituted a nuisance (i.e. fire code violation) in reference to fires in their backyard without the need of objective standards.  

Hence, even if you burnt a pine tree in a burning barrel such that it would otherwise fall within proper lawful restrictions and safety precautions in the most recent state fire code, the Ludington Police Department (LPD) or even a fire department official could find you in violation, come onto your property and do what the West Jordan Police and their dog did to Martin Hoogvelt after deeming it 'felony arson'. 

For the local Ludington Police have not only engaged in the senseless brutality of an innocent Ludington citizen on the streets of Ludington and the sanctity of the local hospital (Joe McAdam), they have invaded a house without warrant or exigent circumstances and knocked down an innocent older female (Shelly Burns), and they have beat up a teenager who had not been charged with anything and looked through his personal effects without any probable cause being announced (Travis Malone). 

Do you live out of town and feel safer?  Tell that to William Marble's widow.  Bill Marble was sitting at home late one snowy January night before he was shot by a state trooper who had entered his house unlawfully.  No words were exchanged before Marble was shot.  You may not agree with the actions of the rioters in Baltimore or Ferguson, but if that is the case, you surely must not agree with the actions of the police in situations like this.

[Willy]

Every case is different but in the situation a video recorder made a record of the incident. I hope that officer is fired and prosecuted and the jurisdiction he works for has to pay thru the nose, no pun intended. I don't know what happened in Baltimore but this case was a complete breakdown of law and complete denial of a citizens rights. What the hell was a dog doing there anyway? Another example of stupid and dangerous policing. I found a video of the man who was attacked.

Don't the police understand that if this type of activity continues that the Federal Government is going to nationalize local police and sheriff agencies.  Before Hitler could control the German population he knew he had to nationalize all of Germany's police.

[stump]

What a bunch of crap. I'm sure Obama has other things to do than pick a mayor. Don't the citizens vote for their mayor like we do? we probably would be better off if some one would have appointed our mayor instead of the one we voted into office.

[Willy]

Don't forget that the Ludington City Manager, who does the job of a Mayor, is appointed and look how that's turned out. I wonder if Obama picked him for that task force.

[AQUAMAN]

Maybe that's where Shyster Shay III's $6,000 dues and subscription fees come from. K-9 Police dogs are a good tool, when there is a manhunt in the woods, or when someone is hiding, sniffing out drugs, etc.. I don't see the reason here. If it had been me, I would have kicked that dog in the chops and broke his jaw. But, that's the last thing an innocent citizen expects in his own home. I love dogs, but this one was not used properly by law enforcement at all. I think we had an old thread regarding police k-9 dogs, and how trainers are very harsh and physically abuse them, no wonder.

[XLFD]

Police dogs do not have to be trained to attack people.  They are a lot like humans who are trained in combat and aggressive police work, but do not have the wisdom to figure out the proper force to use in atypical situations. 

When a police officer sics a dog on anyone, there has got to be a damn good reason for it, because if there isn't the liabilities fall back on the people.  I would be in favor of making offensive-trained police dogs illegal.  The public shouldn't be mauled by dogs, that kind of falls under excessive force and cruel and unusual punishment all at once, and the victim may be totally innocent.

Regional police forces are bad enough, nationalized police forces are scary and would be symptomatic of the loss of our republic.

[stump]

Why would it take over 2 years to file a lawsuit against the police in this town? It seems it would have been filed the day he got out of the hospital. I didn't watch the video, don't care to see anything like that. It would be interesting to hear what happens in this case. What could be the cops reasoning ?

[XLFD]

Federal lawsuits are slow motion lawsuits that usually take a couple of years to get started because of the legal process.  When the city slapped me with a letter of trespass in March 2011, I got a hold of my attorney, Nick Bostic, who started working on it almost immediately and it didn't pop into the system until a year and a half later.  Some lawsuits can get on the fast track, but not a lot.

In this case, the cop released the hound when the suspect did not get off the couch immediately, but one could believe with the irrationality this officer used, if he had put his hands down to lift himself off the couch, he still would have got the face bite. 

If the sight may offend you, you can always listen to it to get the gist of what transpired. 

[AQUAMAN]

The video is sickening, so are the pics. at the hospital. The first thing the LE K-9 officer says to Pyro, the dog, upon entering the house is, sic him. Then he leads the dog to the room that the victim is in and again makes commands not realistic. First to put up your hands, then stand up slowly. It's kinda hard to stand when you are holding your hands up, and at the rear of the couch pushed way back so only your feet hang over. Then the officer gives another command to the dog that sounds like spot, which apparently means attack. The official report says the man resisted, and I surely didn't witness any resisting on his part, no way. Then the officer has the audacity to say he wants to be friends with the victim at the hospital, and further says he wasn't being much of a man by not surrendering properly. This video should hang the officers, esp. the K-9 handler, for a huge sum of money. And rightly so. The police are citing the reason for breaking into the house was prior infractions by the victim, old police record I guess. He was supposedly burning the neighbors burn barrel, and wielding a knife earlier, which I can't imagine given his composure at the time of arrest. Either way, this is abuse way over the top imho. That man's face is torn to shreds from the mouth down, sad and horrifying.