By Carlos Miller
An off-duty San Diego police officer abused the powers of his badge when he sent a text message to his counterparts to have a New York Jets fan ejected from the game because he had been cheering for his team.
The cop, who has not been named, was attending last Sunday’s playoff game between the Jets and the San Diego Chargers at Qualcomm Stadium.
He was out of uniform. Maybe had a few beers himself. And frustrated that the Chargers were going to get eliminated from the playoffs.
And the cheering Jets fan who kept chanting “Jets … Jets … Jets” wasn’t making things any better.
So the cop sent a text message to other on-duty cops informing them that a drunk Jets fan was causing a disturbance, according to the New York Post.
A horde of uniformed cops then swarmed the Jets fan and handcuffed him, throwing him in jail where he remained for 15 hours.
He was charged with being drunk and resisting arrest. The cops refused to give him a breathalyzer.
How typical.
In my second arrest for photographing cops against their wishes, Miami Beach Police Officer David Socarras charged me with disorderly intoxication. I welcomed him to give me a breathalyzer. He refused.
I stayed in jail for more than 10 hours. The State Attorney’s Office switched the charge to resisting arrest without violence because they had no evidence that I was drunk.
And as we know, all you have to show is contempt of cop to be charged with resisting arrest without violence. I will eventually settle this matter in court.
The San Diego incident was caught on a video that was uploaded to Youtube.
A Chargers fan came to his immediate defense, telling the cops that Carroll did nothing wrong. He was escorted out the stadium himself.
Popularity: 6% [?]
Fernandez, as I mentioned in a 
43 responses so far ↓
1 Rich Demanowski // Jan 21, 2010 at 12:07 AM
You know, if the cops and their employers want to have less “contempt of cop”, perhaps they should instruct their policemen to stop behaving so contemptibly.
2 Tom // Jan 21, 2010 at 12:47 AM
Although it’s a minor issue in the grand scheme of things, but did he send a text message to his cop buddies, or to the stadium’s line to report issues? Apparently most stadiums now advertise a number to sms to report unruly fans (which, based on the video, the person in question was not) without drawing attention to yourself http://www.schneier.com/blog/archives/2009/01/reporting_unrul.html If the off-duty cop used this line, he made a seemingly-vindictive move, but not one that abused his power as a police.
3 Jay // Jan 21, 2010 at 1:42 AM
Waiting patiently for Johnny Law’s defense of this blatant abuse of power. ALL of these cops should be FIRED.
4 Hazy // Jan 21, 2010 at 1:56 AM
Not looking good for San Diego PD. Every time we get more info, the more it looks like contempt of cop.
I also read in another article that some old lady in a wheel chair had complained about the Jets fan, and actually had some sort of altercation where she hit the guy and told him to shut up. The validity of the website is not too good though. Here’s the link.
http://withleather.uproxx.com/2010/01/why-was-this-jets-fan-arrested
5 Johnny Law // Jan 21, 2010 at 3:39 AM
*rolls eyes* It must being tiring to constantly manufacture outrage over non-issues. Carlos acts like the fact that an off-duty officer reported the guy is a big “GOTCHA!” moment. Then Carlos decides to create his version of what the officer’s motivation.
“He was out of uniform. Maybe had a few beers himself. And frustrated that the Chargers were going to get eliminated from the playoffs.”
Where did this come from? You have no idea why the off-duty officer reported the subject to on-duty officers. According to the Post, officers contacted the subject “after the off-duty cop sent a text message reporting a drunk causing a disturbance.”
Did you read that part about causing a disturbance? Since the video doesn’t show what happened prior to police arriving, we don’t know what was going on. Who knows what he was doing?
Yet everyone on this site wants to hoot and holler about the guy being kicked out simply for being a Jets fan. Do you seriously think that the off-duty officer made the report simply because he didn’t like someone rooting for the other team? Seriously? Do you think it is at all possible that the guy was causing any problems? Time for a little intellectual honesty folks (if that is possible by some of the people I’ve seen commenting).
The fact that some random guy was saying he didn’t do anything proves nothing. For all we know, this Chargers fan could have just sat down and missed all kinds of things. People on this site act like this is conclusive evidence but ignore it when others cheer when the jets fan was arrested.
As far as it being an off-duty officer reporting the disturbance…so what? An off-duty cop isn’t allowed to request on-duty police when there is a problem? I’m glad he had the good judgement of calling for uniformed officers instead of trying to handle things himself.
Let me break it down for you folks. No cops will be fired. No cops will be reprimanded. Nothing will happen to the officers, on-duty or off-duty. This is because They. Did. Nothing. Wrong.
A guy was being a problem at a ballgame. He was asked to leave by the police and refused. He resisted arrest and went to jail. It is as simple as that. 99% of the public understands this and knows the police were just doing their jobs. Save your righteous indignation for actual scandals.
6 Workingindust // Jan 21, 2010 at 6:56 AM
So where is the proof from the off duty LEO (or anyone else for that matter) that Mr. Carroll was causing a disturbance? A quick video of that for evidence would have been his ace in the hole and nobody would be making an issue of this.
Common sense says that if you’re arresting for public intoxication (which is what he was arrested for) a breathalyzer is in order right? But they didn’t do that because that would have blown their case right out the window.
SDPD hasn’t looked good since the Sagon Penn trials back in 85. This is just yet another black eye for SD.
7 Dust Devil // Jan 21, 2010 at 6:57 AM
Two points of rebuttal –
1) It wasn’t just “one random guy” it was at least three rows of opposing fans sticking up for the Jets fan and pleading with the officers on his behalf.
2) You say that “Since the video doesn’t show what happened prior to police arriving, we don’t know what was going on. ” Yet you seem to know that the police asked him to leave and he refused. I see that no where on the video.
Did the officers ask him to leave? Probably, but you can’t claim on one hand that he don’t know what they guy did because there is no video of it, then claim knowledge of what the police officers did when there isn’t any video of that either.
I think that the “one random fan” gets told by another police officer that he’s not allowed (“allowed”???) to talk to him “that way” speaks volumes on the demeanor of the officers that responded.
8 Michaelk42 // Jan 21, 2010 at 7:00 AM
“A guy was being a problem at a ballgame.”
You have as much evidence of this as there is that he was arrested for contempt of cop. You fail by the same standard you’re applying to Carlos.
9 Carlos Miller // Jan 21, 2010 at 8:11 AM
Then Carlos decides to create his version of what the officer’s motivation.
Every time a cop puts pen to paper, he creates a version of a suspect’s motivation. And many, many times, it is fabricated.
10 mepsipax // Jan 21, 2010 at 8:55 AM
Yes, Carlos, but when the cops do that, it is the “official” story.
Johnny Law would like everyone to move along. Nothing to see here.
11 EdinMiami // Jan 21, 2010 at 10:10 AM
Loving the internet
Loving camera phones
Just fucking loving technology in general
Nobody would have known this guys name. He would have had to go to great lengths to find the people who witnessed the event so they might testify in court on his behalf (civil court NOT criminal). Now his name is out there and likely the witnesses will be lining up to come to his aid (judging by their collective reaction to what the police were doing).
On to civil court and preponderance of the evidence, the only question left seems to be what 15 hrs. in jail is worth and how fast will the settlement be?
Big shout out to Al Gore (for inventing the intertubes, lol), MS, Cisco and all the rest who made it possible!
12 mark titus // Jan 21, 2010 at 10:29 AM
Johnny Law, typical cop abusing his powers. Many police officers become cops to help the public and because of the chance to make a difference and help people. Many police officers, however, simply like the power that comes with the position. Many police officers do not understand that they have no rights above that of any other person. Maybe many of these officers were picked on as kids, I don’t know.
For those of you screaming about the breathalizer, to my knowledge, there are no laws anywhere about a police officer having to give a breathalizer to anyone arrested for PD. It is another shady way for cops to abuse the system, and the use the law as crowd control. that is exactly what happened in this case, and what happens every day across the country. Any of you that are upset about this, remember that SDPD does have a telephone #, call them and let them know how you feel.
13 Sydney Carton // Jan 21, 2010 at 1:32 PM
Johnny Law, logic is not your friend. You state: “A guy was being a problem at a ballgame. He was asked to leave by the police and refused.”
Where’s the evidence for that? You have none. Considering that you also say: “Since the video doesn’t show what happened prior to police arriving, we don’t know what was going on.”
So you are intentionally creating your own version of the facts even though you admitted that you have no idea what happened. And you have the gall to denounce Carlos for doing this, when it is exactly what you’re doing as well. The only difference is that you’re creating facts to benefit the police, instead of the Jets fan.
As I said, logic is not your friend. You’d think that a police officer wouldn’t be caught in a hypocritical trap of his own words – all in the span of a single comment – but then again, Johnny, you haven’t impressed me with your intelligence yet.
Now, to answer your question: “D you seriously think that the off-duty officer made the report simply because he didn’t like someone rooting for the other team? Seriously?”
Yes. Seriously. Because cops, like all other people, are prone to temptation, abuse of power, passion, and other human emotions. And cops are not infallable. And cops have a tendency to abuse their authority when things aren’t going their way. What I believe happened was, the cop’s team was losing, he was annoyed by it and didn’t like that the Jets fan was delighted by it, and he decided to take out his frustrations on the fan.
What’s interesting to me is that you’re shocked that people would think this. Go buy yourself a clue. Cops aren’t heros and the public isn’t buying it anymore. The popularity of this youtube video is evidence of that.
14 Johnny Law // Jan 21, 2010 at 2:03 PM
Umm go read the NY Post link. The information I am giving is taken from that. I guess reading comprehension isn’t one of your strengths is it Sydney?
It’s funny that you think it makes more sense for the off-duty to make up something to have an opposing fan kicked out than it does to accept the fan was causing a disturbance. Hey if your mind is made up that everything the police do is motivated by malice, I doubt I can change your mind. Good luck with that world view.
Don’t forget to check under the bed for the boogie man when you go to sleep.
15 Sydney Carton // Jan 21, 2010 at 2:34 PM
The Post article merely quotes other cops. As I said, the video doesn’t contain evidence that the man caused a disturbance. There is no reason to believe the police over the other Chargers fans who on video said that the Jets fan did nothing wrong. Their righteous outrage during the evident is much more credible than an after-the fact ass-covering story by the police. If there was a disturbance, those Chargers fans would’ve verified it. They didn’t. Instead, they were outraged that the cops were acting abusively. Don’t you know anything about human behavior? Like I said, you haven’t impressed me with your intelligence yet. Keep trying, though.
Oh, and I don’t think that EVERYTHING the police do is motivated by malice. However, I do think it’s likely that an off-duty cop that is annoyed his team is losing would maliciously take out his frustration at a vocal Jets fan. Guess he figured the other Chargers fans would back him up, though. He guessed wrong.
Oh, and Jonny – every day, more video of stuff like this is being shot. Every day. The popularity of this youtube video should be a big stinking clue that the people don’t believe cops the way they used to. Like I said, go buy a clue.
16 Hazy // Jan 21, 2010 at 3:44 PM
The fan of the opposing team coming to the defense of the Jets fan is a good indication that the cops did something wrong. People don’t defend strangers unless they see something outrageous.
17 Johnny Law // Jan 21, 2010 at 3:46 PM
I gotta laugh when you ask if I understand human behavior. For a large part of my career, including my current assignment, I’ve worked in entertainment districts that have large drunken crowds. There have been many times that I witnessed someone start a fight, break something, or otherwise start a disturbance. When the arrest is made in front of a large crowd, sometimes the crowd cheers, sometimes it boos. If one person starts booing loudly then the crowd follows. It is simple mob mentality and has nothing to do with the facts of the arrest.
It is also pretty common for folks to come up and try to argue the innocence of the arrested party. I have people swear to me up and down that the arrested person didn’t do anything wrong even though I saw that person throw the first punch. People love to hate on the police (as evidenced by this site) and claim that they arrested a person for no reason.
I know this will also blow your mind but I am going to take the word of an off-duty cop over some profanity shouting jerk any day of the week. Your position that he made everything up is so ridiculous I almost think you are saying that just to get a reaction.
You see, as I said previous, I have real world experience with this stuff so I understand how it goes. What experience do you have?
I have a suggestion for you. Go join an academy and save all the oppressed citizens out there from the evil police. You will find real quick that you are talking out of your ass.
Videotape away. It’s entertaining to watch you get worked up over nothing at all.
Johnny Law´s last blog ..Reader Mail – Miranda and Real Life
18 PersonalFreedom // Jan 21, 2010 at 3:58 PM
side note: this fan causing a ‘disturbance’ or not doesn’t really matter. What kind of ‘disturbance’ can one man make? if this game would have been won by the chargers or the chargers would have been winning during this time, what 40,000 people woulda been cheering and going crazy. I think 40,000 people would cause much more of a ‘disturbance’ than one jets fan. This is a complete sign of the police state that is reigning down on the people they are supposed to serve. I don’t like funding these actions, this is what taxpayors are paying for?! come on people!? this is ’1984′ all around us, and if you don’t see it then you are sheeple from the movie ‘Idiocracy’ WAKE UP!
19 Hazy // Jan 21, 2010 at 4:03 PM
Wow a cop sticking up for other cops? What a surprise! *rolls eyes*
20 PersonalFreedom // Jan 21, 2010 at 4:13 PM
Where’s the victim? No victim, no crime…
you refer to breaking up fights and what not, where was the fight in this vid? The ‘authority’ belongs to the people not the law enforcers, the people pay their salary. Protect the people from ‘harm’, where is there ‘harm’ in this vid? Once again i say, ‘no victim, no crime’. Keep sticking up for your ‘blue line brother’ they always do!
21 Hazy // Jan 21, 2010 at 4:22 PM
When I first saw this video, I wasn’t sure what to think. There is just not enough evidence to see what happened. However there is some evidence to infer what happened.
1. Fan of an opposing team comes to Jets’ fan’s defense.
2. Defender is made to leave himself.
3. Other people booing( Johnny Law’s argument of people booing when someone is arrested is not really relevant as context does play a role in mob mentality. My opinion is that if the Jets’ fan were unruly, most people would be happy at this and would cheer when he was taken away).
JL, I’ve seen you commenting on this site for a while, always on the side of cops. My question to you is this. Do you ever agree that there is police misconduct, abuse, & brutality? What is your belief about the Constitution?
I don’t ever see you chastising videos which blatantly demonstrate police abuse. How do you expect other people to take you seriously when you are obviously biased and never critically think about each separate issue?
22 Johnny Law // Jan 21, 2010 at 4:33 PM
Hazy,
Your opinion of how the fans should have reacted is wrong. You are basing your opinion on what exactly? Certainly not on any experience dealing with arrests in the middle of large crowds.
I defend most of the videos on this site because they are usually vids of cops doing their jobs and the reaction of the posters here are completely out of left field. Cries of “Fire them all!” constantly ring out no matter the incident or the context.
I can tell that most of the people posting here have no idea of what they are talking about and are just automatically hostile to any officer trying do their job. It is telling that they are unwilling to give any benefit of the doubt to the police but will do it for anyone else.
Sure there is police misconduct and I have mentioned and criticized a few on my blog. Most videos here don’t fall into that category. Besides, there plenty of posters ready to condemn those videos that actually do so why should I jump in on this site and do the same? All I would get would be a sarcastic remark for my efforts anyway.
Johnny Law´s last blog ..Reader Mail – Miranda and Real Life
23 Cops are the gangs // Jan 21, 2010 at 4:48 PM
never trust a cop who protects a fellow cops. face it cops are the new gangs on the streets.. they lie they carry throw down cops to justify an illegal kill.
Yet they claim they do none of this..
Officer down means we are more important then anyone else..
I have seen first hand how they act when this happens.. most tv show have caught it very good on film..
Of duty cops are the same, they think just because they are cops they are about the law period…
24 Hazy // Jan 21, 2010 at 5:04 PM
“Your opinion of how the fans should have reacted is wrong. You are basing your opinion on what exactly? Certainly not on any experience dealing with arrests in the middle of large crowds.”
I’m a psychology graduate. I’ve studied all sorts of different situations involving group dynamics in social settings and there will be an explanation for why people act the way they do. In this case, the people watching the arrest felt outraged because they saw Jets fan as doing nothing wrong. Does that end the debate? Not necessarily, it’s just evidence to support one side of the argument.
Your self-proclaimed experience can actually be seen as invalid in establishing yourself as an authority on the subject of mob mentality, in that you are describing a system/interaction when you are involved in that system yourself.
“I defend most of the videos on this site because they are usually vids of cops doing their jobs and the reaction of the posters here are completely out of left field.”
I don’t consider the comments out of left field at all, you just view it as that because you are a part of the blue curtain.
“Sure there is police misconduct and I have mentioned and criticized a few on my blog. Most videos here don’t fall into that category.”
So all those videos where police demand someone to shut off their camera. Those are just unruly citizens? That’s not the police violating 1st amendment?
Or how about when police come up to someone with no probable cause and demand ID, is that not a 4th amendment violation?
“Besides, there plenty of posters ready to condemn those videos that actually do so why should I jump in on this site and do the same? All I would get would be a sarcastic remark for my efforts anyway.”
If police won’t condemn other police that are obviously in the wrong, it just shows the police can’t be trusted. They will always defend their own kind first.
My final question is, do you believe in the Constitution or not?
25 Bill D. // Jan 21, 2010 at 5:10 PM
Johnny, while I typically agree with the actions of police officers, this is completely out of line.
My own experience: My wife and I attended a Dallas Cowboys game and a fellow “fan” sent a text into the stadium and I was then asked by a police officer to please sit down because others around me couldn’t see. What? So, I’m not drinking, cursing, pushing people around or screaming at people? Give me a break, I politely went outside of the stadium and told him to check this off his list.
Regarding the video above, who knows who sent in the text message, it really doesn’t matter. What is really lacking is the police man’s lack of any interpersonal skills and being able to competently manage an excited crowd.
Last point: Johnny, get over yourself and go help someone with the position you have chosen in this world.
26 Swim // Jan 21, 2010 at 6:10 PM
Johnny Law,
The only sarcastic, condisending, or patronizing remarks I see, are comming from -you-.. “I have real world experience” “Look out for the boogie man”.. Get over yourself you self-righteous dickhead..
Your probably a cop too, just sticking up for your fellow thugs high on power.. But you are right about one thing, they are just doing their jobs.. Oppressing, belittling, and controlling the masses through fear, force, or Gestapo tactics… This is my first and maybe last visit to this site, but go ahead and categorize and write me off as I’m sure you will. I know your kind too well..
27 Hazy // Jan 21, 2010 at 6:20 PM
@Swim
Johnny Law is a cop, or so his blog’s profile says.
Don’t stop coming to this site just because of him, most of the people here are defenders of the Bill of Rights.
28 Johnny Law // Jan 21, 2010 at 7:09 PM
Swim,
Don’t let my posting scare you. I’m the only police defender that bothers to post on here. Surely my little bit of pro-police opinion won’t ruin all the anti-cop ranting for you. You’ve already personally attacked me and compared the police to Nazis so you should fit right in.
29 Michaelk42 // Jan 21, 2010 at 7:23 PM
@Swim
Don’t worry, when Johnny gets owned like he did by Sydney Carton, he just falls back on puffing up his all-important “experience” and attacking people personally. Then of course the “can’t do this job can’t judge” defense that’s been discredited.
He’s a real classy guy in other words.
Michaelk42´s last blog ..Again with the cluelessness
30 Carlos Miller // Jan 21, 2010 at 7:26 PM
This site is about free speech and freedom of expression so Johnny Law’s comments are just as welcomed as anybody else’s.
Even though I disagree with him most of the time.
31 Frank // Jan 21, 2010 at 8:06 PM
I just consider JohnnyLaw as unfit to wear the uniform and leave it go at that.
32 Swim // Jan 21, 2010 at 9:31 PM
@ Johnny ..
I would have to personally know you, to personally attack you.. I’m attacking the ignorance you emit in your comments and beliefs.. After all, this -is- America.. Do you even know what that means?. . The -free- world. You would also beleive the founding fathers are terrorists, im sure..
But I forgive you, because turning public distaste of slave-master authoritarian corruption into personal attacks is just how you are trained to manipulate and suppress majority opinion into as many individual isolated “harassment”, “disorderly”, “contempt” charge worthy violations you can fabricate… Make the state that money right?…
As I said, this is my first time to this site, so do not be so quick to assume the ideals that people have on this site are isolated, to only this site.. Wake up and realize the American people are sick of corruption. Do not forget you get paid by, and work for -the people-..
And if you are as educated as you assume you are, have ever stepped outside this country for more than a weekend, without staying in a Holiday Inn, or with a platoon , or even have ever cracked a history book, you would realize history is destined to repeats itself. Americas police militarization and political tactics of today are fallowing many the same of Nazi Germany.. Maybe the Gestapo comments are becomming more truth than insult? in my opinion it was very valid..
You know Americans nearly rioted when Social security numbers were introduced until they were declared Optional and -never- to be used as a means of Identification.. Soon we will not be able to cross state borders without a passport.. Step back and take a look outside your uniform..
Good day, Officer..
33 genewitch // Jan 22, 2010 at 3:12 AM
I think that JL at least provides a devil’s advocate position, and he’s more in line to have that opinion anyhow, so he just goes with it. I don’t know why he lets people get under his skin to the point of throwing the “experience” card around, but i’ve been really frustrated on this blog in comments as well.
There are 2 other cops who post here, i can’t remember their monikers, though, and they’re here far less often than JL.
Carlos: you’re off to a strong start in 2010. I hope the rest of the year gives you less news to report, but more time to editorialize. Cheers!
34 Jake // Jan 22, 2010 at 8:46 AM
If anyone has ever attended a Raiders game at the Oakland Coliseum, you have perspective on just how far out of line the cops in SD were.
35 Ken // Jan 22, 2010 at 10:24 AM
This guy needs to get a copy of a Court Case showing the liability of those cops, including the text message guy. An abstract follows:
Trezevant v. City of Tampa, 741 F2d. 336 (11th Cir 1984)
Pain and suffering as a result of false and unjust detention/imprisonment forms the basis for a proper award of $ 25,000 for 23 minutes of wrongful detention/imprisonment. 25,000 divided by 23 minutes is $1086 per minute. Each day contains 24 x 60 minutes or a total of 1440 minutes. Therefore, each day of detention or false imprisonment carries a liability of 1440 x 1086 or $1,563,840.
While this plaintif sued the City, the people of the City are not the ones responsible for his injury. It seems more just to go after the individuals and their bonding agent.
36 PATRIOT 2012 // Jan 22, 2010 at 10:51 AM
Typical cops, the day will come my fellow Americans we will charge cops with contempt with the Constitution and fight these obnoxious cops and when we surround them we will beat the pulp out of them. Cops such as these needed to be told by a mob of true Americans to butt out or else get beaten up. I look forward to the day when finally Americans will stand up and confront these domestic enemies! I do for sure.
37 The Boise Picayune // Jan 22, 2010 at 1:03 PM
Johnny Law, et al,
You and the rest of the law enforcement community would have a helluva lot more credibility if you came out from behind the Blue Wall and supported the outing – and prosecution to the fullest extent of the law – of the punks behind badges that do diservice to law enforcement and the community at large.
The Boise Picayune – nor Mr. Miller, I suspect – is anti-cop.
The Boise Picayune is anti Thug-with-a-Badge!
38 The Boise Picayune // Jan 22, 2010 at 1:04 PM
The Boise Picayune – nor Mr. Miller, I suspect – is NOT anti-cop.
Oops!
The Boise Picayune´s last blog ..Green Day – American Idiot… TGIFF!
39 meria // Jan 22, 2010 at 1:57 PM
I love your work and would like to interview you.
meria´s last blog ..Meria With the News
40 END THE FED // Jan 22, 2010 at 2:35 PM
“JohnnyLaw” is DEFINTELY EITHER A FED, A COP, OR HE’S COINTEL-PRO… PERIOD.
Wake up douche bag: they’re poisoning your tap water too and injecting all you cops with vaccines that will give you cancer down the road… WAKE UP!
41 Freedom Fighter // Jan 22, 2010 at 11:59 PM
Yes, seriously! Cops that are drunk with the power of the badge and gun DO this type of crap. My father was a cop so I’m not a cop hater in general. But! The majority of police in this country have become a big problem. You MUST compy with their way or be tazed, jailed, beat or killed. No wonder people are fed up and fighting back.
42 Johnny Law // Jan 23, 2010 at 3:56 AM
Uh what? Of course I’m a cop. Take your medication.
Johnny Law´s last blog ..Learning to De-escalate
43 craig // Jan 24, 2010 at 12:18 PM
ESPN is doing their pregame shows for the league championships right now. Kenny Mayne just did a skit where he was hog tied and arrested for renting a golf cart and holding a “parade” where he drove, and a friend flew a Jets flag and they were screaming JETS JETS JETS.
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