A California cop obtained warrants to search the phones and computers of two men who drove through a DUI checkpoint in August with a camera, refusing to provide identifications before being allowed to leave.
Napa Police Sergeant Brian Campagna, the cop who allowed the men to leave after photographing the car’s license plate, is now claiming the men “conspired to enter the checkpoint to commit a crime, specifically with the intent to resist/obstruct and delay officers at the checkpoint.”
He is apparently claiming this because the men posted the video to Youtube and submitted the story to Cop Block, criticizing him for being “uninformed” about the law.
The video has since been removed, but the story remains.
It is not clear if the warrants have already been served on Johnathan Travis Moore and Travis Kasprowicz, but it’s obvious the judge who signed the warrants could use a refresher course on Constitutional law.
According to the Napa Valley Register:
The matter began on Aug. 22 when Napa Police Sgt. Brian Campagna was supervising the sobriety checkpoint at Third and Coombs streets. Police had publicized this enforcement action in local media.
At about 10:30 p.m., a California Highway Patrol Officer Phil Ross assigned to the checkpoint told Campagna a motorist was declining to show his driver’s license, according to a search warrant related to the incident.
Citing case law, Johnathan Travis Moore, or Travis Kasprowicz, a 31-year-old man from Vacaville driving the 2014 Chrysler 300, declined to provide his driver’s license after multiple requests from the CHP officer, according to the court filing.
A front-seat passenger, Ryan Tregaskis, 23, who was known to one of the police officers present, started filming the scene with a cellphone. Moore stated he had not been drinking, according to the search warrant.
Campagna allowed Moore to leave after taking down the license plate, according to the court document. On Aug. 26, Campagna learned the video had been posted on YouTube.
Neither driver nor passenger has been charged in connection with the incident. Napa Police declined to further comment on the case, citing an investigation that was under way.
Register efforts to reach Moore and Tregaskis were unsuccessful.
No case has been referred to the Napa County District Attorney’s Office for possible prosecution, said Allison Haley, chief deputy district attorney.
In court records, Campagna said Moore was required to provide his driver’s license. Campagna then obtained a search warrant to search Moore/Kasprowicz’ and Tregaskis’ cells phones and computers at their residences in Vacaville and Napa respectively.
“It is my opinion that Moore and Tregaskis conspired to enter this checkpoint to commit a crime, specifically with the intent to resist/obstruct and delay officers at the checkpoint,” Campagna wrote.
CHP Sgt. Diana McDermott said officers request a driver’s license at sobriety checkpoints “to ensure the highest level of traffic safety.”
“The reasoning was based on a study conducted by DMV which showed 33 percent of drivers with a suspended or revoked license have a criminal record and 85 percent of those drivers used their automobiles in the commission of a crime,” McDermott said.
Call the Napa Police Department at (707) 257-9223 or you might be able to reach Campagna at (707) 257-9567.
check out: http://photographyisnotacrime.com/