Statement of Michael E. Di Rosa

in complaint of the conduct of

the officer whose name is illegible to me on my copy

of the Louisiana uniform traffic ticket & complaint numbered

JP-R44686 and JP-R 44687 and appears to have a payroll number of 115849

Nature of the complaint:

I am demanding a full investigation, including personnel and policies of the Jefferson Parish police, as to why one of the main duties of the government and police, the protection of private property, was ignored. Why my property was stolen, without due process of law. I am entitled to and did demand that my property be inventoried prior to the property being seized, by the officer, and entrusted to a third party to protect it from theft and to place blame should such a theft occur, or, in the alternative, that my property be transferred to the police vehicle and transported, with me, to the detention facility so that it may be inventoried with my other personal property. Such situation being exacerbated by the policeman giving the flawed inventory to the third party so that they could remove all items not listed. This is the second complaint on this same issue. Refer to file # 20040112.

Statement of the facts in support of the complaint:

I was traveling through the parking lot of Toys-R-Us toy store when I noticed a policeman following me with his blue lights flashing. I stopped to allow him free access to continue around me and when he did not do so I exited my vehicle to see if I could assist him in any way. I was told to pull over my vehicle, which I did, into a marked parking space on the side of the building near the end of the lot.

I again exited my vehicle and again inquired as to how I may help the officer. I was informed that he wanted to see my driver's license, vehicle registration, and proof of insurance. and freely informed him that I had no such valid documents. He then ask me for my name which I freely gave him. He then asked me for my date of birth which is a huge intrusion into my privacy as I am an astrologer, and am intimately aware of the personal information that can be gleaned from that information. However, I did not pursue this point and did freely give him that information too. I was then informed that he had stopped me because I did not display a license plate and I responded that I do not have one to display.

The policeman did then return to his car leaving me standing in the rain and a few minutes later did return and inform me that I was under arrest due to an attachment on me. He then did handcuff me with my palms facing out in a must uncomfortable position, and forced me into the back of his car. In the cramped confines of the rear seat I began to find it difficult to breathe and did ask the officer if my hands could be repositioned to having the palms facing each other, as I was having difficulty breathing and was exceedingly uncomfortable. I was informed that this position was department policy and could not be changed. However, after a few minutes of protest on my part, he did turn my palms facing in the handcuffs. This made the extremely uncomfortable position I was in slightly more bearable. I was kept in that position from that time forward until my arrival at the Gretna facility. At one point, after about 30 minutes, and still in the parking lot of the toy store, and in the company of another officer whose first name is Aaron and whose last name I have forgotten and who had been at the scene about 15 minutes, I complained that my legs were cramping and requested that I be allowed to stand next to the car. This request and repeated requests were denied. The same is true for my request and repeated requests to smoke a cigarette in my possession.

Immediately after being placed in the rear seat of the car, I did inform the officer to be careful, That I was preparing a law suit to challenge the requirement for the documents that he was requesting, and that I did not possess. I did inform him that I was traveling as a matter of right and not driving as a matter of privileged, and in my belief, not required to have such document. I did inform him that everything he did and said would be taken down and used as evidence against him. This was the same warning that I had given to the State Police officer who's name is also unintelligible on the Department of Public Safety and corrections, Office of State Police Summons bearing the number 8484588, data number 2138. That officer did just write me the summons and did allow me to proceed upon my way, though his writing of the summons was incorrect, in my judgment. It is my sincerest hope that my warning was ignored because the thought that this was his best behavior is too hard to believe.

I did also inform the officer that since I was now under arrest and in an adversarial position, that I did demand my counsel to be present for any further questioning. No provision for contacting my counsel was offered. Questions were still asked and refused.

I did also inform the officer that I have read the law and in my estimation the confiscation of my vehicle was illegal, unnecessary, and at his discretion. I did also inform the officer that I did in the strongest terms that I could muster, considering my helpless condition, that I refused him entry into my vehicle, and onto my property. I did also inform him that as soon as I could get to a phone, I would have someone cause the van to be towed to a location of my choosing at my expense. This notice and demand was also ignored and since the policeman had already forcibly removed the keys from my possession I was powerless to stop him. He did then, against my will and over my objection use the confiscated key to unlock the vehicle and search.

When it became obvious that my vehicle was to be impounded, and an illegal search already conducted. I did inform the officer that one of his main duties as a law enforcement officer was the protection of private property and that I did demand that the contents of the vehicle be inventoried with particular attention to description, condition and number of articles therein, or, in the alternative, that all of the contents be taken with us and entered as property on the arrestee when detained. This demand was also ignored. In fact to call what he did an inventory would be as absurd as to call a nail a house.

At some point in these proceedings a Sargent of the Jefferson parish police, whose name I do not know, appeared on the scene but I did not recall having any appreciable conversation with him.

At some point a Jefferson Parish Police van did arrive on the scene which I assumed to be a “paddy wagon”. I did not have any appreciable dealing with them either.

I was then transported, by the arresting officer, to the Gretna facility and incarcerated.

Michael E. DiRosa call XXX-XXX-XXXX if any more information or assistance is needed.