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Indybay Feature

More police harassment and false arrest in Berkeley

by Joseph Buddenberg
In the early morning hours of July 20, I was the victim of an illegal detainment and false arrest at the hands of the Berkeley Police Department.
Berkeley Police Department clearly has it out for me. Before I was indicted on federal charges of animal enterprise terrorism for (according to the government's criminal complaint) allegedly protesting in the neighborhoods of those who experiment on and kill animals in University of California-Berkeley laboratories, I wrote in the Berkeley Daily Planet of being harassed by BPD Officer O'Donnell and others. Just a week after my federal indictment was dismissed, the harassment continued. I was walking home from Berkeley late Monday night. Officer Cole #146 steps out of her car. She says "Hey, how's it going?" I say "What's up?" She concocted some lie about how I "look like" a person whose backpack she found the other day. I say "No, that wasn't me" and start to walk away. She demands ID. She says "Can I call you Joe? What do your friends call you?" Another officer arrives and is told to "watch him!" Very shortly thereafter, another officer arrives. He says "Ha, he looks just like his picture!" and hands Officer Cole a printed-out picture of me, likely from some recent FBI fax. It should be noted that when the cops detain me, in flashing red letters reads "WARNING: Terrorism Organization Member. Animal Rights Extremist. Approach with Caution. Contact FBI Immediately."

This officer asks where I came from. I have in the past been the victim of police lies and distortions. I don't talk to police at all. There was no cause to detain me. They are circling and staring me down. I am traumatized and visibly shaking at this point. Officer Cole asks if she can search my backpack. I tell her no. She says "Why not, if you don't have anything to hide?" I said "Well, it's just my policy that I don't consent to searches." She asks why I'm nervous. I say "Well, first of all, there's four of you and I have no idea why I'm being stopped." Officer Cole replies "It's late. We have nothing better to do. There's no donut shops open." This struck me as especially odd, because I never said anything condescending or disrespectful in the slightest to these officers.

Another cop present, Officer Phillips takes a huddle with Officer Cole. They ask me if I've had anything to drink, if I smoked any weed. Officer Cole asks "When's the last time you smoked weed, if you were to smoke weed?" They ask if I'm taking any prescription drugs. I don't. Officer Phillips tells me to follow her eye with my finger, without turning my head. She says "Look, there's something with his eyes!" Officer Cole tells me to close my eyes, lean my head back and estimate thirty seconds.

Long story short, I was arrested for "being under the influence of a narcotic," H+S Code 11550. When they got me to the police station, they did the "follow my eyes" rigamarole once again. They told me to lift my tongue. Officer Phillips says to Officer Cole "You see his tongue? That's consistent with PCP." I don't even eat non-organic food. I would never put something as dangerous and destructive as PCP in my body. They ask me if I'm willing to piss in a cup. I say I'd like to talk to my attorney first. The arrest had no basis. There was no reason for me to make myself further vulnerable.

I have since been drug tested and look forward to being exonerated on this charge.
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Joseph Buddenberg
Fri, Jul 23, 2010 5:23PM
Joseph Buddenberg
Fri, Jul 23, 2010 5:17PM
yep
Thu, Jul 22, 2010 11:03AM
nate
Wed, Jul 21, 2010 9:50PM
hindy
Wed, Jul 21, 2010 8:41PM
researcher
Wed, Jul 21, 2010 8:17PM
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