Posted on 08/20/2009 7:25:12 AM PDT by politicalmerc
Excuse the vanity but you guys MUST hear this. As you know if you have read any of my posts, I use to be an attorney. Well, my friendly local police department just made a HUGE MISTAKE and I can assure you they will pay for it. I post it here, not for sympathy but to show just how eroded our rights have become.
I answered the door to see this group of police officers on my stoop. One barked out an odd question relating to this supposed "investigation" and I immediately went into attorney mode. For those of you who aren't attorneys please take note in case anything of this sort happens to you.
I denied knowing the answer to what they asked and stepped out onto the stoop with them closing the door behind me. (Very important). They continued to ask me aggressive questions and I continued to ask questions in response to their questions and GAVE THEM NO INFORMATION WHATSOEVER. The Sgt. that was with them became agitated and threatened to ARREST ME for obstruction of justice if I didn't cooperate and answer their questions. I asked if he was investigating a criminal matter (though it was already evident) he said yes. I said, "Then I refuse to talk with you without my attorney present." I asked if they had an arrest warrant. NO. I asked if they had a search warrant, NO. I then stated plainly, "All of you get yourselves together and get off my property until you have a warrant."
When I said that, the Sargent ARRESTED ME for obstruction of justice. He then demanded to go into my house. I refused sighting his lack of a search warrant. He opened my door and went in anyway.
My wife naturally stood up, baby in arms, when a group of police entered the living room. She was not threatening, but the Sgt. actually grabbed her by the arm bruising her arm as he pushed her and the baby down onto the couch.
The long and short of it is that they soon found out that THEY WERE WRONG!!!! But they still arrested me for OBSTRUCTION OF JUSTICE!!!!!!
Yesterday, I went down to file a formal complaint with the LT. in charge of this Sgt. Bully. I'll give you the complaint in a nutshell:
I told them to leave my property since they had no authority to be there, they refused: Misdemeanor Trespassing.
I told them I would not answer questions without an attorney and they arrested me. Felony False Arrest.
I refused them entry into my home after the arrest, they entered anyway. Felony Illegal entry and Armed Home Invasion.
My wife was grabbed without cause.Misdemeanor Battery
My wife was shoved down onto the couch while holding my child.Felony Child Endangerment.
When I finished this cool, calm, and collected accusation of her Sargent, she said the most breath taking thing I have ever heard an officer say:
"Well Sir, the officers were their investigating a complaint. You could have just cooperated and made everything much easier on everyone."
WHAT???????? I was faced with an ARMED CONFRONTATION. I was obviously being INVESTIGATED FOR A CRIME. I CHOSE TO EXERCISE MY RIGHTS and you think I should have not done so because it was INCONVENIENT FOR YOU????????
Well, at least my baby and wife are safe. My baby daughter will have enough money for Harvard tuition before she is TWO courtesy of some silly police work. I can assure you that she WONT go to Harvard. I swear this entire story is true: BELIEVE IT OR NOT.
This is outrageous! What was the complaint anyway?
So are you going to sue the police department for wrongful arrest? Depending on the laws is your area, on the surface it sounds like you have a good case.
I wouldn’t hold my breath waiting for the WH to invite you and the cops over for a beer.
Lucky you didn’t have a dog they could shoot.
Keep us updated.
You’ll be another rich man for Opossum to tax! A very rich man.
Quite common, and stories much like this have been posted here for as long as I’ve been a member. The most common reaction is that if you’re not doing anything wrong, you’ve got nothing to worry about.
The whole paramilitary, SWAT mentality has ruined many a decent policeman and police department.
What jurisdiction and what criminal matter was being “investigated,” might I ask?
bookmark
What area of the country do you live in?
I’m honestly outraged. Thank God wife and child are ok. Jack booted thugs!
You better be good because there were 6 of them and one of you and you know they are going to stick together on their story.
Thanks for the good advice.
Good luck.
I know it is natural to want to know the details but that is more than I want to reveal. Suffice it to say that I had certified documentation in the house that proved that I had a right to the money I supposedly stole. I was not arrested for that and there is no longer an investigation into that matter.
If I ever have need of an attorney (hope not!) I’m calling you. I have made mental notes of your crucial points, here. Thank you for sharing them. I can’t wait to hear the outcome of these charges you have brought against them. Please keep us informed. I hope it makes national news. Have you let Bill O’Reilly know?!!
I take it your not an appropriate person of color? I myself am half Italian, but that’s not enough color...LOL.
I’m so sorry to hear of this, and wish you nothing but the best in its resolution, and the consequence to the PD there.
Having seen police officers kick down a door (snapping the chain lock)to investigage a “loud party” (no one was in the house except me and a girlfriend, no stereo, no booze, no nothing -— a complete lie), I don’t doubt your story for second.
I find this comment you made on one of the Bob Dylan arrest threads interesting in light of the events you experienced.
“How refreshing. A “star,” who was being inconvenienced, who didn’t act like he was too good to cooperate. Amazing how he didn’t get arrested like Prof. What’s-his-name.”
I’m in Georgia. As I told someone else, the details aren’t for public consumption but I proved I had the right to the money and didn’t steal it. Put it that way.
You can bet Obama won’t be inviting you to a beer summit.
If everything you typed is true, then you need to nail them to the wall. You may have a criminal case too.
NO! You will love this. One of them arrogantly told me that they were RECORDING THE WHOLE THING. There is a TAPE of the entire incident.
There is no excuse for what they did...But maybe you should have just answered their questions. They may have just told you to have a good night and went about their way.
And your baby doesn’t deserve to get a free Harvard education because of this... get a life and a real job.
You ask me to Believe it or not? Where did this happen, is it in the local media?
That would be delusional. I don't get it that people who are wary of government and it's power somehow think that their armed enforcers can do no wrong.
Congratulations!
Your baby just got his college education fund, courtesy of the taxpayer.
Sue them until it hurts.
It is unfortunate, but until government officials are personally liable for violations of civil rights, they will continue to engage in these practices.
My view: if tried in criminal or civil court for a case such as this, and found guilty, the official should pay. If found not guilty, the city should cover legal expenses, etc.
I’m half Italian too. With the exception of my TAN I’m pretty white though. Too light for racism for me too.
I completely believe you! GIVE EM HELL!
It involved physical cash? No wonder they barged in, lol. Seize the cash under wrongful, idiotic civil asset forfeiture laws, and they’re entitled to keep it for departmental use.
A jackbooted, personal version of a traffic checkpoint, in other words.
Best wishes, but I don’t think its going to go very well for you.
You gotta live there, you know.
Then again, who wants to live in a town with cops like that?
You sound too serious for this to be one of those ‘political stunts that I coordinate from time to time.’
__________________________________________
Still deciding...
Interesting...If it makes it into the paper, please post the articles. I would love to see how this plays out.
If everything you typed is accurate, you need to sue and nail them for everything they’ve got.
The SWAT team mentality needs to be checked, and sadly, that can only be done with lawsuits when applicable.
I have no idea about the context, but it appears that your civil rights were violated in a big way.
But again, if you don’t say what you were accused of, none of us should or even can make a decision whether the police were utterly out of line or not.
If you were accused of having illegal weapons or drugs in your house, then I’d tend to agree with you. On the other hand, if you were accused of child / spousal abuse or kidnapping, simply letting the officers ask your wife if everything ok would have resolved the situation. So in the second case, while _technically_ you would be right, it would have been plain stupid not to have just cooperated (you could have asked your wife to step outside with the kid...thus denying them the right to enter your house)
But without details, how can you expect unmitigated sympathy?
File a criminal complaint under Section 1983...abuse of power under color of law. This will get to the mayor and probably state police. Do it...like yesterday.
Clearly you have never been falsely accused of something and threatened with the law.
Believe me, if it should happen to you, you will be rarin for some payback.
The Police do NOT have the rights to badger of threaten anyone. They refused to show their cause and they had no warrant. That makes their actions Illegal. End of story, the poster is 100% correct. The Police should NOT have done what they did.
Did you actually say that?
What was their response?
Thats why I have lots of tattoos,I will always be a person of “color”.
p.s. Marry a fat,tattoed person and you will have heat in the winter, shade in the summer, and moving pictures all year round!!!!!!!
I hope that not only do you become VERY rich from this but the six cops go to jail and the Lt gets fired.
You just got me all fired up!
Who in the hell started this whole damn thing? Nail their butts to the wall too.
DO NOT BACK DOWN!!!!!!!!
Count yourself lucky, had it been BATF, your baby would be dead, your wife shot in the face, pets stomped on, and you would have seen ATF agents "planting" drop in auto sears into your gun collection.
Whatever happened to innocent till proven guilty?
I'm glad your family is safe but sorry that you all had to go through this.
No, this actually happened. I hesitated posting it here as I don't really want anymore publicity than necessary. When I sue there will be some, maybe a lot, but publicity isn't the point I'm after. I just wanted everyone to know it can happen.
Further, you should always protect your rights first. Even if you have nothing to hide, talking to the police is a bad idea. You don't know what has been alleged, you don't know what they have in their minds, and you don't know how honest they are. ALWAYS HEDGE WITH YOUR RIGHTS. Worry about "helping" their investigation later.
Where did this take place? Can you post the police report? Was the encounter recorded?
The sergeant in question obviously used the arrest and taking you into custody as the cover for the entry. Very shaky grounds. However, he can also claim he entered your home to make sure your wife and child were not in danger!
Your locale is of primary importance, as this sounds like ("her" sergeant) Affirmative Action Police Nincompoopery of the usual sort. Post the town, and I'm sure you'll find this is not the only time Sergeant Bully has acted in this manner.
Congratulations on not "Gatesing" the officers, and,
BEFORE you go into publicity mode with local media, please contact reputable attorneys who have experience in exactly this line of country. Get those attorneys busy and make some money. Should be good for up to $250,000. Follow their instructions.
Just think what would have happened if you looked middle-eastern and your family were Muslims??!!!
Sock it to em.
May you win megabucks and tithe on it to FR.
However, this will become normal.
And nothing will be done.
The Constitution was shredded by the globalist oligarchy decades ago.
Witness the quotes ref’d in my tagline.
Understood. I come from a law enforcement family and I say sue the bastards and don’t let up! Garbage like this makes it harder for honest cops to do their jobs.
There’s a book out now called “Arrest-proof yourself” written by Dale C. Carson and Wes Denham. One of them is an ex-cop. I plan to get this after my vacation.
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