4 ms·

He wasn't pulled over by a cop, he was pulled over by an unmarked non traffic related officer of some sort. This one screams to me that his main offense was pi

by CPLX 10y ago

He wasn't pulled over by a cop, he was pulled over by an unmarked non traffic related officer of some sort. This one screams to me that his main offense was pissing off someone with authority in an unmarked car who went on to do everything possible to make his life miserable. If I had to bet I'd suspect he got into some mild road rage incident with this state employee, flipped her off or something, and this is the payback. Just a theory, read the story again and read between the lines of the initial reported incident.

tyingq 10y ago
I agree... "he was pulled over by an agent from the California department of alcoholic beverage control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically" Pulled over by an alcohol beverage control agent whom he had cut off. Oy.
DanBC 10y ago
A minor nit but ABC claim to have some involvement with vehicles. ABC are hiring. http://www.abc.ca.gov/ http://www.abc.ca.gov/ here's the job spec. <---begin quote---> THE POSITION The Agent, Alcoholic Beverage Control, is a deep class with three alternate ranges. Responsibilities include, but are not limited to, conducting independent investigations of criminal and/or administrative violations committed on or about alcoholic beverage control licensed premises by licensees, their employees, and/or members of the general public; and interpreting and explaining the provisions of the laws, rules, and regulations of the Alcoholic Beverage Control Act, Penal Code, Health and Safety Code, and Vehicle Code. Agents at Range A are entry level and conduct independent investigations of criminal and/or administrative violations committed on or about alcoholic beverage control licensed premises by licensees, their employees, and/or members of the general public; locate and interview witnesses and persons suspected of violations; collect and preserve evidence to support administrative action and/or prosecution; determine type of case and develop investigation plan; prepare clear, concise, and accurate documents and reports detailing investigation activities and findings; maintain accurate master investigation case files; develop field operation plans, and safely executing them; perform undercover assignments and surveillance operations; provide technical assistance to law enforcement agencies and others; make physical arrests; maintain liaison with Federal, State, and local law enforcement agencies; and testify in criminal court and/or administrative hearings. Agents at Range B are journey level and conduct more complex and difficult investigations and demonstrate a broader knowledge and application of investigative techniques and procedures. Agents, in addition to the above, conduct undercover and high-profile criminal investigations; and write, secure, and serve arrest and search warrants. Agents at Range C are full journey level and conduct or participate in the most difficult and sensitive investigations. In addition to all of the above, investigations include, but are not limited to, vice, gambling, prostitution <---end quote--->
- CPLX 10y ago
  Yeah no not really. They don't conduct traffic stops and aren't charged with enforcing DWI laws. It's right there in your text, their job is to worry about "violations committed on or about alcoholic beverage control licensed premises" and that's what they are for. Presumably they are sworn law enforcement officers, and as such have the technical ability to enforce the law generally, but it's really clear that the person in question has a job enforcing liquor license law, and was outside their normal job description on this one. It's equivalent to a fish and game warden grabbing a shoplifter while at the mall. It's allowed and legal, but not normal.
  - EdHominem 10y ago
    Moreover the accused is being treated as guilty despite the lack of any corroborating evidence. And in fact, despite that all evidence points to explicit innocence. It's abnormal from the beginning, by the end it's pretty clearly abusive. I think we should start investigating the rest of this DA's cases. To see if everyone she dealt with was railroaded. And if evidence was disregarded in their cases too.
jimmywanger 10y ago
> read between the lines of the initial reported incident. I don't understand this reading between the lines. You're disregarding a lot of facts here. If you're in a road rage incident with somebody as a state employee, you'll be wanting to reduce paperwork instead of increase it. You don't want a paper record at all, or if you have a paper record, you'll want it for something like resisting arrest or something vague like that. Second, an equally valid reading is that this guy was driving erratically, the officer pulled him over because she thought that he was enough of a danger to the public that he should be stopped, and he was acting as though he was too impaired to drive. Then the DA, based on the officer's testimony, wanted to get the driver for DUI as that's a more serious crime, but settled on reckless driving based on lack of evidence. That fits the facts far better.
huehehue 10y ago
This seems most likely. I've known ABC agents to be a bit overzealous -- plainclothes agents drew pistols on (and cuffed) some girls in my hometown. Their offense was carrying a case of sparkling water that I guess looked like alcohol? http://www.nbc29.com/story/23909588/virginia-abc-agents-violated-policy-in-clash-with-uva-students http://www.nbc29.com/story/23909588/virginia-abc-agents-viol...
- EdHominem 10y ago
  "Violated policy". Wowza. Pointing a gun at someone during false-arrest for something that isn't even a crime, is a mere policy violation. Then the court seals the records to hide this, and the main policy change is that a uniformed cop must be present during this (these were undercover cops who'd pulled the guns) instead of - you know - not arresting someone at gunpoint for the pointless crime of buying bootleg liquor even if it was actually liquor.

by CPLX 10y ago

tyingq 10y ago

I agree... "he was pulled over by an agent from the California department of alcoholic beverage control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically" Pulled over by an alcohol beverage control agent whom he had cut off. Oy.

DanBC 10y ago

A minor nit but ABC claim to have some involvement with vehicles. ABC are hiring. http://www.abc.ca.gov/ http://www.abc.ca.gov/ here's the job spec. <---begin quote---> THE POSITION The Agent, Alcoholic Beverage Control, is a deep class with three alternate ranges. Responsibilities include, but are not limited to, conducting independent investigations of criminal and/or administrative violations committed on or about alcoholic beverage control licensed premises by licensees, their employees, and/or members of the general public; and interpreting and explaining the provisions of the laws, rules, and regulations of the Alcoholic Beverage Control Act, Penal Code, Health and Safety Code, and Vehicle Code. Agents at Range A are entry level and conduct independent investigations of criminal and/or administrative violations committed on or about alcoholic beverage control licensed premises by licensees, their employees, and/or members of the general public; locate and interview witnesses and persons suspected of violations; collect and preserve evidence to support administrative action and/or prosecution; determine type of case and develop investigation plan; prepare clear, concise, and accurate documents and reports detailing investigation activities and findings; maintain accurate master investigation case files; develop field operation plans, and safely executing them; perform undercover assignments and surveillance operations; provide technical assistance to law enforcement agencies and others; make physical arrests; maintain liaison with Federal, State, and local law enforcement agencies; and testify in criminal court and/or administrative hearings. Agents at Range B are journey level and conduct more complex and difficult investigations and demonstrate a broader knowledge and application of investigative techniques and procedures. Agents, in addition to the above, conduct undercover and high-profile criminal investigations; and write, secure, and serve arrest and search warrants. Agents at Range C are full journey level and conduct or participate in the most difficult and sensitive investigations. In addition to all of the above, investigations include, but are not limited to, vice, gambling, prostitution <---end quote--->

CPLX 10y ago
Yeah no not really. They don't conduct traffic stops and aren't charged with enforcing DWI laws. It's right there in your text, their job is to worry about "violations committed on or about alcoholic beverage control licensed premises" and that's what they are for. Presumably they are sworn law enforcement officers, and as such have the technical ability to enforce the law generally, but it's really clear that the person in question has a job enforcing liquor license law, and was outside their normal job description on this one. It's equivalent to a fish and game warden grabbing a shoplifter while at the mall. It's allowed and legal, but not normal.
- EdHominem 10y ago
  Moreover the accused is being treated as guilty despite the lack of any corroborating evidence. And in fact, despite that all evidence points to explicit innocence. It's abnormal from the beginning, by the end it's pretty clearly abusive. I think we should start investigating the rest of this DA's cases. To see if everyone she dealt with was railroaded. And if evidence was disregarded in their cases too.

jimmywanger 10y ago

> read between the lines of the initial reported incident. I don't understand this reading between the lines. You're disregarding a lot of facts here. If you're in a road rage incident with somebody as a state employee, you'll be wanting to reduce paperwork instead of increase it. You don't want a paper record at all, or if you have a paper record, you'll want it for something like resisting arrest or something vague like that. Second, an equally valid reading is that this guy was driving erratically, the officer pulled him over because she thought that he was enough of a danger to the public that he should be stopped, and he was acting as though he was too impaired to drive. Then the DA, based on the officer's testimony, wanted to get the driver for DUI as that's a more serious crime, but settled on reckless driving based on lack of evidence. That fits the facts far better.

huehehue 10y ago

This seems most likely. I've known ABC agents to be a bit overzealous -- plainclothes agents drew pistols on (and cuffed) some girls in my hometown. Their offense was carrying a case of sparkling water that I guess looked like alcohol? http://www.nbc29.com/story/23909588/virginia-abc-agents-violated-policy-in-clash-with-uva-students http://www.nbc29.com/story/23909588/virginia-abc-agents-viol...

EdHominem 10y ago
"Violated policy". Wowza. Pointing a gun at someone during false-arrest for something that isn't even a crime, is a mere policy violation. Then the court seals the records to hide this, and the main policy change is that a uniformed cop must be present during this (these were undercover cops who'd pulled the guns) instead of - you know - not arresting someone at gunpoint for the pointless crime of buying bootleg liquor even if it was actually liquor.