NationStates Jolt Archive

I saw this on the high times website.



Man Calls Police Search Illegal, Saying the Officer Mistook His Daughter's Remains for Cocaine
2005-08-18 >> news category >> general
Source: orlandosentinel.com

TAVARES -- A father who accused a Mount Dora policeman last year of dumping out his infant daughter's cremated remains sued the city and the officer Monday.

Filed in Lake Circuit Court, the lawsuit accuses the city and Officer Brad Cline of illegally stopping and searching Jason Burnham, 34, as he was walking home after Hurricane Charley.

During the stop, Burnham's suit says, Cline emptied the ashes from a cross-shaped pendant worn by Burnham, suspecting it contained cocaine.

"This is probably the most mean-spirited violation of a person's civil rights that I have seen in many years," said Winter Park lawyer Howard Marks, one of Burnham's attorneys. "That conduct is not acceptable -- it's not warranted."

Mount Dora Mayor James Yatsuk would not comment on the case, saying the city's insurance company likely would select the attorney to represent the city.

The seven-count lawsuit accuses the city of false arrest/false imprisonment and detention of Burnham, and violation of his right to privacy. It accuses the city and Cline of invasion of privacy and violation of Burnham's civil rights. Finally, it accuses Cline of intentional infliction of emotional distress on Burnham.

It asks for damages in excess of $15,000 each from the city and the officer.

"Burnham was illegally patted down, illegally searched and illegally detained, all without probable cause or reasonable suspicion that Burnham had committed a crime," the suit states.

Cline, who could not be reached for comment, resigned from the department three months ago, said Jane Green of the city's Human Resources Department. She said he was not disciplined in the Burnham incident.

Police Department spokesman Lt. Roger Chilton said Cline resigned to run a mortgage-brokering business but still works for the department as a reserve officer doing undercover or drug work when necessary.

Chilton said the department stands by its internal investigation that determined it was Cline's word against Burnham's.

"We did an investigation and determined that we couldn't prove or disprove that these allegations were true," Chilton said. "Both parties admit being with each other . . . and to having the necklace. But that's where one says he dumped it out, and the other says he didn't."

Cline was on patrol Aug. 14 in the aftermath of Hurricane Charley when he said he saw Burnham walking on Highland Street about 2:30 a.m. According to the police report, Cline said Burnham "appeared to be intoxicated."

The officer questioned Burnham about "a variety of issues, including illegal drug use," according to the lawsuit.

Burnham said he had a prescription for Xanax that he was taking because he was depressed over his daughter's death.

After examining the pills, Cline questioned Burnham about the pendant, the lawsuit says. It contained the ashes of Carli Miracle Burnham, who died at the age of 9 months in 2002. She was napping with her father when he mistakenly rolled on top of her, suffocating her. The death was ruled accidental, and no charges were filed.

Taking the pendant from Burnham, the officer broke its seal and dumped the ashes on the hood of his patrol car, the suit says.

"Defendant Cline, after seeing that the ashes were not cocaine, wiped Plaintiff Burnham's daughter's ashes to the ground," the suit says.

The suit also notes that Cline "failed to follow the city's policy in that he failed to turn on his lights and or his camera during the stop."

Burnham was not charged and was allowed to continue on his way.

"Cline's conduct was outrageous beyond all bounds of decency and utterly intolerable in a civilized society," Burnham's lawyers wrote in the suit.

The suit claims that Burnham has endured "mental suffering, embarrassment, humiliation, disgrace and injury to his feelings and reputation."

Burnham, who lived in Tangerine at the time of the incident, now lives with his mother-in-law in Marion County.

He loads trucks for a trucking company. He said he lost the empty pendant when it fell off his necklace afterward.

"It's been real stressful," he said. "It really bothers me a lot. I'm scared to go anywhere now."

He said he wanted the Police Department to discipline the officer.

"He knows what he did."

Kinda fucked up don't you think? It wouldn't have to be his word against the officers if he had followed procedure and turned on the camera. It almost seems that the officer was just out to be an asshole. The poor guy caused his daughters death by accident and was already grief stricken enough - explained his daughters death to the officer and still was treated like a criminal though he had done nothing. land of the free...

The war on drugs is stupid and is doing nothing but causing harm and giving gangs a way to make big bucks.

I hope this officer has to pay the $15,000 and loses his undercover job and the respect/business of any business associates in his new business.

Care about this! :mad:
This was a bumb from your friendly neighborhood bumpman
:p

we're all speechless

What an asshole. Sounds to me that he was bored after the hurricane and decided to pick on someone. Like people would be out selling drugs right after a fricking Hurricane.

And still police wonder why they get called pigs.
Thank goodness for teflon.

What an asshole. Sounds to me that he was bored after the hurricane and decided to pick on someone. Like people would be out selling drugs right after a fricking Hurricane.

And as if they would be carrying ash-like cocaine in a sealed cross around their neck.

The drug war has resulted in way too many illegal searches, unconstitutional seizures of property, and the destruction of many lives due to draconian prison sentences. This is just another sad episode in a long list of abuses.

The drug war has resulted in way too many illegal searches, unconstitutional seizures of property, and the destruction of many lives due to draconian prison sentences. This is just another sad episode in a long list of abuses.
I agree about the drug war being a huge farce.
However I think this is a clear cut case of asshole, plain and simple.

I agree about the drug war being a huge farce.
However I think this is a clear cut case of asshole, plan and simple.

I think so too

Indeed. I don't have much to say that hasn't already been said better by others in this thread, actually.

I saw this on the high times website.




Kinda fucked up don't you think? It wouldn't have to be his word against the officers if he had followed procedure and turned on the camera. It almost seems that the officer was just out to be an asshole. The poor guy caused his daughters death by accident and was already grief stricken enough - explained his daughters death to the officer and still was treated like a criminal though he had done nothing. land of the free...

The war on drugs is stupid and is doing nothing but causing harm and giving gangs a way to make big bucks.



It's deplorable, but don't drag a legitimate thing like the war on drugs into this.

The war on drugs is legitimate... don't try to drag it through the dirt.

I think this officer should lose his job and/or be transfered to doing a janitor work in the police station he works at.

In my opinion this is another case of overly paid cops being the assholes they were before they became cops. The town should pay nothing, instead, that bastard should pay for his debt and the city's.

It's deplorable, but don't drag a legitimate thing like the war on drugs into this.
Legitimate my ass. Before it was outlawed marijuana was being perscribed as one of the best anti-nausea drugs out there. It was being used to help wean people off of things like morphine addiction. It could get those who refused to eat to munch on something. Right after the illegalization of the various drugs recreational use of each of them skyrocketed, while any and all legitimate uses stopped. Do you know why marijuana was originally outlawed? Because of 2-3 lobbies, depending on what strength of evidence you depend on. The 2 that are strongest linked were the remaining cotton industries in this country, and the paper industry. The one with nebulous links to it was the tobacco lobby, simply because you can't smoke 2 things at once.

The war on drugs is stupid and is doing nothing but causing harm and giving gangs a way to make big bucks.
It's done far more than that. It has made the Police into yet another gang, albeit one that is above the Law.

*edit: the best-equipped one out there.

The War on Drugs is both good and bad. There are some, like marijuana, that should be legalized because their drawbacks are no greater than cigarettes (and less addictive or not at all) and enforcing those laws wastes the time and money of the police force. Hard drugs should remain illegal, because they cause serious problems and are directly involved in a considerable amount of crime. The WoD should be redirected to these real threats rather than wasting time on a generally harmless, and possibly beneficial, drug.

Hard drugs should remain illegal, because they cause serious problems and are directly involved in a considerable amount of crime. The WoD should be redirected to these real threats rather than wasting time on a generally harmless, and possibly beneficial, drug.
You assume that because something is directly involved that it is the cause of the crime. Very, very bad assumption. What caused the steep rise of organized gangs in the 20's? Was it the alcohol itself, or the illegalization of it which cut off the legitimate sources and forced the market to go underground? The same thing is largely occuring today because of the WoD.

You assume that because something is directly involved that it is the cause of the crime. Very, very bad assumption. What caused the steep rise of organized gangs in the 20's? Was it the alcohol itself, or the illegalization of it which cut off the legitimate sources and forced the market to go underground? The same thing is largely occuring today because of the WoD.

No, what I mean are the drugs that actually alter the person's perception and make them more violent or prone to overreaction, which leads to crime. I also mean the highly addictive drugs that would still retain the crime problems associated with their use, because people would still be unable to afford their addiction regardless of legality.

1)No, what I mean are the drugs that actually alter the person's perception and make them more violent or prone to overreaction, which leads to crime.



2)I also mean the highly addictive drugs that would still retain the crime problems associated with their use, because people would still be unable to afford their addiction regardless of legality.
1)Same argument that was used for prohibition.


2) Doubtful, as without it's illegalization most drugs would be insanely cheap.

1)Same argument that was used for prohibition.

There are drugs that affect perception, like crack, meth, LSD, PCP, mescaline, etc. These reduce the ability of the user to properly comprehend reality, and so are a threat and cannot be legalized.

2) Doubtful, as without it's illegalization most drugs would be insanely cheap.

No, they would be quite expensive because of the taxes and the supply/demand factor. The companies in charge of these products would not sell them cheap because there is too much profit to be gleaned from their sale. The only exception is marijuana, which could be easily cultivated by individuals or companies en masse and so it would be very cheap.

It's deplorable, but don't drag a legitimate thing like the war on drugs into this.
There's nothing legitimate about it. Prohibition never works, and simply fuels the black market and increases violent crime.

ObOT, the officer in this deplorable incident should also be charged with desecration of a body.

It's deplorable, but don't drag a legitimate thing like the war on drugs into this.
The war on drugs is not legitimate. Any war against something that has no will or capacity to attack or defend, is nonsense, plain and simple.

The war on drugs is not a war on drugs, it is a war on people, and the reason crap like this happens is that the use of the phrase war on drugs to desribe what is really a war against certain people, dehumanises those people so that they are simply 'enemy combatants'. That makes it less hard to justify the fact that the people the misnamed 'war on drugs' is supposed to be saving, are actually the people the war is being waged against. Once 'they' become the enemy, tipping their daughter's ashes out for fun seems not only less unacceptable to some people, but also more likely (in their mind) to be accepted by the public and the 'authorities'.

There's nothing legitimate about it. Prohibition never works, and simply fuels the black market and increases violent crime.

ObOT, the officer in this deplorable incident should also be charged with desecration of a body.

exactly. I am under the impression that neo rogolia is the type of person who would watch "Reefer madness" and believe it to be gospel truth.

I wish as citizens we could specify what we want our taxes spent on and what we don't want it spent on. that would probably be the best way to set policy. i would reject my taxes from going to the iraq war and the war on drugs first. then if there was a system liek that in place, it would be kuhl if we could see what people most wanted their taxes to go to.

No, they would be quite expensive because of the taxes and the supply/demand factor. The companies in charge of these products would not sell them cheap because there is too much profit to be gleaned from their sale. The only exception is marijuana, which could be easily cultivated by individuals or companies en masse and so it would be very cheap.
Just like alcohol, neh?


'Hard drugs' should be legal, that said, running around while high and crashing into cars shouldn't. Same penalties for DUIA as for DUIH.

Do you know why marijuana was originally outlawed? Because of 2-3 lobbies, depending on what strength of evidence you depend on. The 2 that are strongest linked were the remaining cotton industries in this country, and the paper industry. The one with nebulous links to it was the tobacco lobby, simply because you can't smoke 2 things at once.

Weird, most marijuana smokers in Europe make joints with a mix of both tobacco and weed. However, I understand this is rare in the US where the companies are based, which makes sense.

I really think it a shame that marijuana is illegal from a pragmatic point of view. There are so many benefits to legalisation - less wasted police time, taking a source of money away from criminals etc. Plus you could tax it highly and since it's so easy to grow and far cheaper than under prohibition, people wouldn't care so much. Any good source of tax income on a product like that is great - you can spend it on anything to improve the country. Right wingers could even cut taxes for the oh so opressed rich or increase military spending with the profits and it would still be better than prohibtion ;)

You assume that because something is directly involved that it is the cause of the crime. Very, very bad assumption. What caused the steep rise of organized gangs in the 20's? Was it the alcohol itself, or the illegalization of it which cut off the legitimate sources and forced the market to go underground? The same thing is largely occuring today because of the WoD.

Like Prohibition, the "War on Drugs" is largely a morality (and religious) crusade which overestimates the goodness of human nature. And if there's one thing Prohibition proves, is that you can't legislate on morality- especially when the "crime" in question does not directly harm others (as opposed to indirectly via drunk drivers, drunk attacks, etc.)

The War on Drugs is both good and bad. There are some, like marijuana, that should be legalized because their drawbacks are no greater than cigarettes (and less addictive or not at all) and enforcing those laws wastes the time and money of the police force. Hard drugs should remain illegal, because they cause serious problems and are directly involved in a considerable amount of crime. The WoD should be redirected to these real threats rather than wasting time on a generally harmless, and possibly beneficial, drug.

But their connection to crime is a direct result of their being illegal.

If legitimate lisenced vendors are allowed to sell drugs of standardized quality then they won't do things like brutally murder their business competitors. Columbian coke smugglers operate with something like an 80% overhead, and still make money hand over fist.

Aside from that, the drug war is self-financing.

Now you may think that it makes sense that if you're arresting criminals that have a lot of money that you should take that money and use it to catch similar criminals. Problem is, the officers in charge of enforcing these laws don't get rewarded for the amount of (let's say) cocaine that doesn't get into the city, he gets rewarded for the number of cocaine dealers and users that he arrests.

It is a law enforcement officer's job to destroy drug traffic the same way it is a corn farmer's job to destroy corn. And just like the farmer, the law enforcement community intuitivly realizes that if they allow more crime to arise, they will be more well rewarded for stopping it. When it comes to drugs, the police and the DEA aren't crime fighters, they're crime farmers. And the DA's don't help either. They measure their own success in votes, and they earn those with #'s of convictions, not quality convictions. So if they catch a drug dealer, they'll let him go if he will set up 5 other drug dealers. So he goes and gets several people who've never sold drugs before to pick up a big bag of his stuff and deliver it to him and a squadcar full of cops hanging out with him.

The drug war is not a criminal matter, it is not a military matter, it is a market matter. Legalize them. If people want to destroy their lives because they don't know how to control themselves, let them. It's not your business, and it isn't the government's business. Down with the conservative nanny-state.

Like Prohibition, the "War on Drugs" is largely a morality (and religious) crusade which overestimates the goodness of human nature. And if there's one thing Prohibition proves, is that you can't legislate on morality- especially when the "crime" in question does not directly harm others (as opposed to indirectly via drunk drivers, drunk attacks, etc.)

Gen 1:29, And God said, Behold, I have given you every herb bearing seed,

I don't know if you've ever seen a bag of herb, but unless the dealer was really careful with his best stuff, it's bearing some seeds. Jehovah has spoken. Toke up.

I don't know if you've ever seen a bag of herb, but unless the dealer was really careful with his best stuff, it's bearing some seeds. Jehovah has spoken. Toke up.
Actually a lot of growers have moved to 'seed free' cloning methods.

Actually a lot of growers have moved to 'seed free' cloning methods.

Which entails a great deal of care, as I said.

But that goes with my beliefs on drugs anyway. I'm anti-processed drugs, but I'm also anti war-on-drugs. It doesn't make sense to outlaw a plant. Not marijuana, not poppies, not cocaine leaves. These are all perfectly natural things, and it is the responsibility of individuals not to abuse them, not the right of government to waste public funds on bringing about the extinction of them.

If you do believe in a divine design, then all those plants have a purpose. Even if you don't, they have a legitimate use. Marijuana in its natural form is a potent anti-nausea medicine. Unripe poppy seeds are an excelent treatment for people with debilitating chronic pain disorders, and cocaine leaf tea (not the processed powder) is an effective pulmonary decongestant and anti-inflammatory. None of the people who know how to use these plants effectivly and carefully deserve to be punished because a bunch of spoiled irresponsible idiots will be perfectly happy to flush their lives down the toilet with them. And most definitly not because a drug company will make more money selling us the less effective, and side effect plagued, versions of them. We don't outlaw powertools because of klutzes who chop their hands off and really do ruin their lives, through no morally culpable fault of their own, but the stupidity of our most worthless individuals... that's something we all have to make sacrifices to preserve. :rolleyes:

I don't know if you've ever seen a bag of herb, but unless the dealer was really careful with his best stuff, it's bearing some seeds. Jehovah has spoken. Toke up.
LOL! Dammit, you beat me to that one. :D

I saw this on the high times website.
...
Kinda fucked up don't you think? It wouldn't have to be his word against the officers if he had followed procedure and turned on the camera. It almost seems that the officer was just out to be an asshole. The poor guy caused his daughters death by accident and was already grief stricken enough - explained his daughters death to the officer and still was treated like a criminal though he had done nothing. land of the free...

The war on drugs is stupid and is doing nothing but causing harm and giving gangs a way to make big bucks.
That is the most fucked up thing (in that respect) that I've heard of in recent times... If that had been the remains of my (hypothetical) daughter, I wouldn't know what I'd have done to that officer - after crying my heart out!

Wow... just wow.

He should be fired, enough said. Give the parent a nice sum for his pain.