Sent to me from out of town citizen.

Here is a copy of the email I just wrote to Chief Swanger: Dear Chief Swanger, My husband and I are frequent visitors of Concord. We were residents of Contra Costa County for years and often came to Concord for shopping and other amenities. Every Christmas, we traditionally come to Concord and visit the wide array of houses that go all out with Christmas displays. Despite moving to Santa Cruz a couple of years ago, we have continued our tradition and drive the two hours to revisit our old home and visit our favorite houses in Concord. Tonight though, our tradition has come to an end. One of your cops has humiliated us and we will NOT be returning to Concord. Ever. We got through 3 houses tonight, and around 8:40 PM on a main, busy street in Concord, one of your cops followed us right up against us as we were driving. We didn't understand what he was doing. If he had an issue, we thought he would flash his lights and pull us over. He did not do this. Eventually, he motioned to us to roll our window down. This seemed odd to me as my husband was trying to drive and stopping in the middle of the road to speak to a cop didn't seem very safe. I thought there must be something horribly wrong that needed urgent attention. We submissively stopped the car and rolled our window down. We had no idea what was wrong. The cop was a heavy-set white man, looked to be in his 40's, perhaps 50's. It was dark, so hard to tell. He literally SCREAMED at us. He initiated the conversation by shouting "ARE YOU KIDDING ME? Using your cell phone while driving?! Do you want a ticket?!" My husband did NOT have his cell phone (in fact, his cell phone was in the back seat where he couldn't even reach it). Since there is a law in California prohibiting mounting your GPS to the windshield, we typically keep it on the dashboard or on our lap when we're using it. He had a TomTom navigating us on his lap. He picked it up and showed the cop that it wasn't a cell phone, but a GPS. Please note that our TomTom is 6 years old and while I understand how it could be mistook for a cell phone from afar, it really looks nothing like a cell phone and the cop could clearly see it was not a cell phone when we showed it to him. The cop then shouted, "ARE YOU STUPID?" and lectured us about how GPSes are completely illegal and it has to be hands-free and we're stupid for not knowing this. He kindly let us go on our way, but we were BEFUDDLED by his behavior. Did he need to be so rude? Does he need to put us in harm's way and stop us in the middle of the road so he could berate us and call us names, and over something so minor? Why couldn't he flash his lights and pull us over to educate us about this law, in a POLITE and SAFE manner?! We did not continue looking at houses after this, and just went straight home to Santa Cruz, our night ruined. When we got home, I went online to read about this bizarre law about GPSes being illegal. I read a smartphone law was passed in April 2013 prohibiting GPS apps. I don't believe ANYONE knows about this new law. I know so many people who use their smartphone as a GPS in California. I'd never heard this news until we got yelled at over it by your cop. I think it would be in your best interest to educate the public about this and spread the word, rather than humiliating them and calling them stupid. And regardless, we were not doing anything illegal as we don't even own smartphones. The law says nothing about TomTom/Garmin devices, just smartphones. Please educate your police force of the difference between these technologies. They are screaming at innocent citizens over it. I would greatly appreciate an apology and confirmation that action will be taken so that this never happens again. I am truly appalled by the behavior of your police. If they expect us to respect them, trust them, and take them seriously, then they need to respect the citizens who are paying their salaries and whom they are supposed to be serving. December 22, 2013 at 12:42 AM

An off-duty Concord Police officer abusing his authority

http://www.sfgate.com/crime/article/Man-accuses-off-duty-Concord-cop-of-road-rage-5031921.php

Concord resident feels like she's being harassed by the Concord Police. Here's her story:

From Concord Citizen, Mama Bear said... My son has been running away four times in the past month. He is 15 years old. I contacted police last Thursday after he got agressive with me and they found him and returned him Friday. Officer Ligouri told me to "cook him his favorite meal and let him go play" as advice on what to do. He then ran away as soon as the officer left. I was told they cant do anything unless he hits us or commits a crime. Well, Monday night, 9/16/13, he committed a crime of battery or attempted battery and was drunk according to the "polite" officer (Magley)who proceeded to yell at me and told me to come get him because "she was not going to parent my kid." I asked her to call an ambulance to have my son taken to a hospital for assessment--she then screamed at me "I AM NOT CALLING AN AMBULANCE. She went onto say she could only release him to me. NO CONSEQUENCES! In the car, my son again got aggressive with me and pushed me backwards...I called and they asked what "I wanted them to do." I told them if they needed to evaluate for 5150 as I am concerned for my son's well-being and his safety and the safety of others. This phone call came to me at 11:14 pm and the officer said he would evaluate him and call me back. I waited up all night without a return call--I finally contacted them at around 11 am on the 17th...they told me they released him to his parent. HIS PARENT--MY HUSBAND AND I ARE HIS ONLY PARENT. THEY RELEASED MY SON TO A MAN--WHERE MY SON HAS BEEN HIDING WHEN HE RUNS AWAY!!!! I AM TRYING TO FILE A COMPLAINT BUT THEY WILL NOT CONNECT ME WITH INTERNAL AFFAIRS--THEY ARE REFUSING TO FILE A COMPLAINT-- Officer Magley told my son in front of me----after giving me a dirty look, "Whatever choices your mom makes..you have to be the strong one and in two years you can split." How dare this officer POISON my child or assume that whatever he is telling them is half the story (or all together bullshit). My son is on a path to destruction and they just co-signbed it. AND RELEASED HIM TO A STRANGER IN THE MIDDLE OF THE NIGHT. HELP PLEASE SOMEBODY. I NEED A LAWYER OR AN AVENUE FOR ASSISTANCE.

Stopped without probable cause again

So this morning I was out on my bike ride around 3:30am getting some exercise which is my normal routine in the spring and summer when I get off of work late at night. I've been doing this for over 10 years. I was standing on a curb facing the opposite direction of traffic talking to a buddy of mine on my cell who was at work. I had the rear light on my bike on but not the front.

A Concord Police officer drives by and stops in the middle of the road and comes over to speak with me. Right off the bat he wants to know "WHY" I'm out at that time of the morning? First off I had to hang up with my buddy who I was in the middle of a conversation with. I replied to the officer "Why, is there a law saying I can't ride my bike at this time of the morning?" I probably sounded like a smartass but I've been through this so many times over the years with these guys so I'm tired of being Mr. Nice Guy to them.

So the officer wanted my I.D. which I didn't have and at first I even refused to provide it to him. Then I was threatened to be arrested for not providing I.D. and not having my light on the front of my bike. I explained to him that I wasn't even riding at the time so there was no reason to have it on. Then he said I was facing the wrong direction of traffic but I told him I wasn't riding. I was getting one excuse after another. He again threatened to take me in for not providing I.D. so he can find out who I was and to make sure I didn't have any warrants out for my arrest.

So what this is saying is that the Concord Police CAN stop anybody they want at anytime of the day "Without Probable Cause" and run your I.D. to make sure you don't have any warrants out for your arrest. As far as what I've read up on that's against the law. They can't get away with that. The CPD has a long history of abusing this law. The state of California does not have a Stop And I.D. Statute meaning the Police just can't stop you for the hell of it without probable cause and run your I.D.. That's if you're out taking a walk or on a bike ride. If you get stopped in a vehicle then you have to provide I.D..

This is only a problem with the CPD's younger officers in their 20's and 30's. About 20 min. after this happened, I was standing in the same spot talking to my buddy who pulled up beside me. Another Concord Police officer in his 50's pulled up beside us and asked my buddy if he worked there at the water district behind us which he does. The officer then said ok and was on his way! That's the difference between your mature officers and younger officers who think they own the place.


When I stand up for my rights and refuse to provide my I.D. to these officers I then get threatened with being arrested. That's not right. So it's time to stir the pot again with the Concord Police.

Woman Arrested Steals A Concord Police Vehicle

It's been reported that a female who was arrested late last night ended up stealing the Concord Police vehicle. I heard she was handcuffed from the front. She drove a few blocks and bailed on foot and was captured. They couldn't find the keys to the car though.

The arresting officer is going to have some explaining to do it looks like! I'm sure there will be some more about this in the media later today.

Friday Nov. 25th 2011

Well from what I heard, the woman drove the car 1 mile before bailing and getting caught. I'm surprised by this whole event because the officer in question is with SET (Special Enforcement Team) with the Concord Police and was driving an unmarked car. If that's the case, I'm wondering why he handcuffed her hands from the front because those cars don't have any glass seperating the front and back seats! Doesn't make any sense.

I'm sure this officer will be written up not to mention he'll be getting a lot of slack from his co-workers.

Concord Police are going after the wrong people sometimes

I went on a bike ride yesterday morning around 4:00am and got stopped by the Concord police right near my house. This officer made a u-turn and came flying around the corner into my neighborhood!! The officer asked what I was doing and why I was out at that time of the morning! I didn't know Concord had a curfew now for adults. Then he wanted to know my name. Another typical encounter with the Concord Police.

Stop and I.D. without Probable Cause

So last week on the 11th around 2:00am after work I was out my bike ride to get some exercise. My back was killing me that night from work so I stopped to take a break over by Bollman Reservoir in North Concord.

A Concord Police officer drives by in middle of the street and asks me what I'm doing. Told him just taking a break. Right away he wanted to know my name, address of where I live and where I work. It's none of his business to start with considering no laws had been broken.

I told him there was no reason to identify myself. He was blinding me with his spotlight so I couldn't even see who this officer was. He never did get out of his car. We did get into a shouting match. He was getting very angry because I was standing up to him and didn't want to provide any I.D. to him.

After a few minutes, this officer in an angry tone yells out from his vehicle "Listen, I'm the last fucking guy you want to mess with out here"!!!

I wasn't really sure how to take that. I felt threatened by this officer. It was definitely the wrong choice of words to use with me!

So now it's time to stir the pot with the CPD and find out who this officer was. He was blinding me the whole time with his spotlight. I've already made a complaint with my senator's office and sent an e-mail to one of the captains of the CPD.

I feel like I can't even stand up for my own given rights here in Concord without being threatened by our own police officers!

Concord settles sex-bias suit with female cop

From the S.F. Chronicle,


(01-25) 12:13 PST CONCORD -- The highest-ranking woman in the Concord Police Department has reached a $150,000 settlement with the city over a lawsuit claiming that she was harassed and discriminated against because of her gender, attorneys in the case said Tuesday.

Lt. Robin Heinemann, a 22-year department veteran, sued the city in Contra Costa County Superior Court in 2009, saying that she and other female officers were powerless in a "de facto hierarchy" that was based upon a "presumption of male supremacy."

She said in the suit that the department was "rife with overt hostility and disparate treatment toward female officers."

Heinemann, 46, said she was the target of "trumped-up" internal-affairs investigations into whether she had been dishonest and disrespectful to superiors. Male officers who were accused of wrongdoing went unpunished, she said, especially if they were friends of Capt. Dan Siri and then-Chief David Livingston, who is now the county sheriff.

The city of Concord will pay $150,000 to Heinemann and her attorneys, Stan Casper and Toni Lisoni. It will also pay a confidential amount, including attorney's fees, to resolve Heinemann's workers' compensation claim that was based on the same accusations, city officials said.

In a statement, Concord officials said, "Lt. Heinemann has returned to active duty with the Concord Police Department, and both parties are confident that she will have a successful career serving the city and the law-enforcement needs of the community."

Heinemann was promoted to lieutenant in 2001, two years after the city paid $1.25 million to settle a previous sexual-discrimination lawsuit in which she and other current or former female officers were plaintiffs.

In November, Concord agreed to pay $750,000 to settle a sexual-harassment lawsuit in which former Officer Lisa Capocci accused her bosses of retaliating against her for complaining that a supervisor had sent "I love you" messages to her on a police-cruiser computer.

As part of Capocci's settlement, Casper and his law firm, which had filed all the cases against Concord, have agreed not to file any more lawsuits against the city that involve the Police Department.



Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/01/25/BAQB1HE0D7.DTL#ixzz1C962j5xp

Stop and I.D.

Witnessed the CPD tonight pulling up in front of a guy who was minding his own business and checked his I.D.. More like demanded his I.D.. After that they both went on their own way. Typical of the Concord Police.

Lawsuits within the Concord PD

As sexual harassment lawsuits pile up, Concord prepares for court fight
By Paul Thissen
Contra Costa Times
Posted: 04/23/2010 03:57:48 PM PDT

CONCORD — The lawsuits paint an ugly picture of the Concord Police Department. But the city isn't buying it.

The lawsuits say sexism runs rampant. They also contend the chief and his right-hand man do not tolerate dissent, that anyone who crosses them is berated, harassed and pushed aside, while the chief's allies break rules with impunity.

But unlike past sexual harassment cases that were settled out-of-court, a July trial date has been set for the oldest of the three active lawsuits.

"We don't think any of these cases have enough merits" for the city to be worried about losing at trial, said City Manager Dan Keen.

The allegations also have political implications. Concord police Chief David Livingston will appear on the ballot in June, running for Contra Costa County sheriff.

In the past two decades, plaintiffs' lawyer Stan Casper has won settlements in numerous sexual harassment cases, including two against the Concord Police Department and more than a half dozen others against agencies from Hayward to Walnut Creek to Solano County. Not one such case went to trial.

"The Concord Police Department, as it relates to its treatment of female law enforcement officers, is as dysfunctional a department as I have ever encountered," Casper said. "It is a problem that is created at the very top."

Casper is simply trying to "extract" another settlement from Concord, Keen said. Perhaps the only point Casper and Keen agree on is that this time the city has not tried to settle.

Many of the slights that make up the suits are complicated and hard to substantiate. Lt. Robin Heinemann's lawsuit says she was passed over for a promotion she should have gotten. Officer Lisa Capocci's lawsuit says she was investigated and punished for minor violations while other officers who committed more serious offenses went unpunished.

In the most recent suit, filed earlier this month, Lt. Tim Runyon says he was moved to a worse job in February 2009 after he questioned the chief's decision not to promote Heinemann.

He raised the question at a staff meeting. Livingston immediately launched a "profane tirade" against Runyon, according to the suit, in which Livingston said he could not trust Runyon because he had "gone over to the other side."

Runyon interpreted that comment as a reference to the information he had given the city's attorneys about Capocci case, according to the suit.

The next day, when Livingston announced several management changes, Runyon found himself transferred to a desk in the property room with no phone line, in a job that had never existed before.

Then Runyon was investigated by the department's Internal Affairs division on accusations of sexually harassing another officer — the wife of Livingston's right-hand man, Capt. Dan Siri, according to the lawsuit. Runyon was ordered to serve 100 hours of unpaid suspension, according to the suit.

The lawsuit says Siri and his wife cooked up the complaint to continue retaliating against Runyon.

That was not the first sexual harassment allegation leveled against Runyon. A previous, already-settled lawsuit against the department — in which Casper was the attorney — said Runyon had harassed a different female officer.

Capocci case

In Capocci's suit, filed in July, the court file now runs several inches thick.

The only time Livingston's voice appears in Capocci's suit is in comments she says she overheard through a locker-room wall, according to her deposition. She says she heard Livingston and police union president Officer Ron Bruckert talking for a few seconds about how anyone who sued the department would be open for retaliation.

The sexually harassing comments came from then-Corporal Michael Hansen, who sent her inappropriate and harassing messages through her squad-car computer, according to the lawsuit and Capocci's deposition.

But Hansen was not named as a defendant; only Livingston and the city were.

"The real problem was the department's reaction to her legitimate complaint," Casper said.

Capocci's deposition lays out her problems with Livingston: He did not handle the problems with Hansen, he initiated Internal Affairs investigations against her, he went against usual practice by barring any officers from doing Capocci the courtesy of serving her restraining order on her ex-husband, and he ordered her to have a checkup to see if she was fit for duty.

Hansen was "minimally disciplined" for sending her inappropriate messages, according to the suit.

In the Internal Affairs investigation, a female sergeant found that Capocci had violated department policy, the suit says. The fitness for duty evaluation came after she had taken several days of "stress leave," the suit says. She was found fit for duty.

Heinemann case

Heinemann was one of the women who won a sexual harassment settlement from the department a decade ago. Her suit, filed late last year, is full of allegations that officers favored by Livingston and Siri get free rein.

Bruckert, the union president, assaulted a golf course patron while off duty, and Siri canceled an investigation that had found evidence Bruckert committed timecard fraud, according to the lawsuit. It also says a department SWAT team spent $1,000 on a steak dinner, and that an off-duty officer threatened to shoot a woman for taking his parking space.

What finally led Heinemann to sue, Casper said, was that she was told by a retired captain that Siri had used a sexual phrase to say he was blocking Heinemann's promotion. The captain said he complained to the city, while still on the job, about Siri's comments — to no avail, according to the suit.

The captain was Stuart Roloson, according to a person familiar with the case who was not authorized to publicly name him. Roloson was the only other finalist up against Livingston for the chief's job in 2005; he has endorsed Livingston's opponent in the Sheriff's race.

Well I just read about this recently on a local blog out here in Concord that I read daily. Very intersting. At the same time, it doesn't surprise me coming from the Concord Police.

"I just read a story in the CCTimes about how the city paid a settlement for false arrest. What is distrubing here is that they put the guy in their car and turned on the heater full blast.

I know of another case where they did this also. It seems to be SOP for the Concord PD. They love to do this on hot summer days. The Police Chief needs to look into this along with the city council. This is not right. One of these days these public bullies we pay are going to cause a heart attack or? In the case I am aware of the person had done nothing wrong but they thought they would "Rough" him up and get him to talk.

We do not pay taxes for this and this should not happen. thank God they don't have a waterboard!

I urge the Council and the Chief to set up a independent call line that this can be reported. I know it sounds like street justice since the criminals get away with everything until it happens to you or someone you know who is a perfectly innocent person.

This is not RUSSIA"

Stop & I.D. Statutes

California is one of many states that do not have a "Stop & I.D. Statute". The Concord Police is very well known for breaking this law. Until somebody files a lawsuit against them for this issue, it will continue to happen by their officers against innocent people in the community. SEE BELOW:

"Consensual

At any time, a police officer may approach a person and ask questions. The objective may simply be a friendly conversation; however, the officer also may suspect involvement in a crime, but lack “specific and articulable facts”[3] that would justify a detention or arrest, and hope to obtain these facts from the questioning. The person approached is not required to identify herself or answer any other questions, and may leave at any time.[4] Police are not usually required to tell a person that she is free to decline to answer questions and go about her business;[5] however, a person can usually determine whether the interaction is consensual by asking, “Am I free to go?”

Ok so the law is saying "The person approached is not required to identify herself or answer any other questions, and may leave at any time."

Well That's not the case here in Concord with our Police Officers. Even if you're just walking down the street just going about your business, they will not let you leave until you hand over your I.D. so they can run it through to dispatch to see if you have any warrants out for your arrest. This happens probably on a daily basis with the Concord Police. They most likely know it's against the law but have been doing it for so long that they are comfortable with it. If this ever happens to you, definitely contact the Concord City Council or one of the Captains with the CPD and file a complaint.

CPD Complaints

Feel free in this section to post anything related to issues you might have had with the Concord Police.

Stop & I.D.

I think it should be known to the public that the Concord Police has a record of stopping people without probable cause just to check peoples I.D. which is against the law in California. The CPD will come up with any excuse though of why they stopped you.

Has anyone out there had any similar experiences with the Concord Police?

I've been wanting to start a blog like this for quite some time now. I've had some really negative experiences with the CPD over the years that management in the Concord Police kept turning a blind eye to.

I think it's only fair for the public to be aware of some of the laws that the Concord Police violates on their citizens.