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.
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