Now, less than six years later, these same irresponsible acts of indifference committed by the Sunnyvale Department of Public Safety are threatening to repeat themselves at the Santa Clara Police Department, in that the latter has declined to even identify the act of filing a false report to a police officer as a crime in California.
As originally reported in Police report detailing landlord's failed attempt at instigating false arrest, Kirk Moye, my former landlord, told the Santa Clara Police Department on June 11th, that, previously, he had obtained an order of eviction against me in the Superior Court of California, that I had been served by the Santa Clara County Sheriff, and that I was presently trespassing in my apartment, which he owned (see report, below).
Santa Clara Police Report (Kirk Moye)
But before police discovered this, they had already placed me in handcuffs—dripping wet from the shower—and escorted me outside of the apartment, in front of the entire neighborhood. Afterwards, however, they let me go.
|Kirk Moye, former landlord of 3311 Princeton Way #5|
in Santa Clara, California, lied to the Santa Clara Police Department
California Penal Code Section 148.5 (Reporting false information to a peace officer)I have visited the Santa Clara Police Department several times, requesting that an internal affairs representative contact me to discuss the officers actions that day. After all, evictions are well-documented, and are easily verifiable with the sheriff's department; the landlord's claim could have been verified prior to the act of detaining me. I also wanted to discuss the validity (or lack thereof) of the police officers' admonishment to move, which they said to do, even in the absence of an eviction, "or we'll find a reason to arrest you."
California Penal Code Section 830.1a (Definition of a peace officer)
- Every person who reports to any peace officer listed in Section 830.1 ... that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.
- Every person who reports to any other peace officer, as defined in ... that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor if (1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and (2) the person providing the false information knows or should have known that the person receiving the information is a peace officer.
- [A]ny police officer, employed in that capacity and appointed by the chief of police or chief, director, or chief executive of a public safety agency, of a city ... is a peace officer.
On those occasions, I was given a telephone number by desk staff to the internal affairs department (instead of being referred to a desk sergeant, strangely); however, so far, voice messages left with the department have not be returned.
Also while there, I explained Kirk Moye's role that day, but was told each time that it was unclear whether a crime had been committed, and no offer to take a report was made. I left with the feeling that the police department simply does not want to prosecute anyone on my behalf. And, as discussed in Demonic plan to oust me from new apartment backfires on roommate and Police report detailing tirade by former roommate, that includes even at the cost of my own safety.
Tomorrow, on my way home from church, I will insist that a report be taken, and that said report be filed with the Santa Clara County District Attorney for prosecution. After all, what Kirk Moye did was knowingly, in every sense of the word; you don't accidentally forget whether you went through the arduous legal process of eviction, and the equally arduous process of having the sheriff serve papers.
The landlord wanted to throw me out quickly and cheaply by lying, which he did in retaliation for having called the police on his buddy and rumored lover, Victor Salazar (the prophecy demons said it—not me), and for having planned a lawsuit against him for theft, all of which is described in Theft complaint filed against former "haunted" roommate and Prophecy Demons | "They'll offer you 105 (years) to life [in prison]".
COMING UP | A proof of service from the Superior Court and a in-custody verification statement from the county jail, when combined with the fact that Victor Salazar had the only other mailbox key while I was in jail, definitively points to him as the thief of legal mail that caused me to lose an important appeal case by default. Will the Santa Clara Police Department forward the complaint to the district attorney's office? Or, will Sergeant McFarland, the investigator of the theft complaint against Salazar, let yet another criminal act against me go unpunished? Find out next week.