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Legal Recourse Against Cops?

Discussion in 'Off Topic [BG]' started by Eric Cameron, Mar 11, 2005.


  1. You want to make Eric mad? Take advantage of his friends.

    Last night, around 9pm, the step-father of a friend of mine was arrested at his house for the crime of petty theft. My friend, who we shall call Nick, was coming home just as the arrest occured. The cops had a warrent for "Steve's" arrest, plus a search warrent.

    Now, this is where I get mad. "Steve" and "Sarah" (Nick's mother) are both down with pneumonia right now. Have been for the last week. My mom has been over there doing their laundry for them. When the cops came, they didn't knock. They didn't even annouce "Police, open up!!" They simply bashed in teh dorr with a battering ram. They held Steve and Sarah at gun point while they were frisked, the proceeded to tear the house appart during the search.

    In the aftermath, the front door is not only broken but torn from it's hinges, a window was broken, two seperate chest's of drawers were broken, a lamp was broken, the door to the 'fridge was broken, and a leg for a table was snapped off. The cops were extremely rude the entire time, and when they left, the form that states what items were taken as evidence was completely unreadable. It's one of those carbon copy things, and they didn't press hard enough for it to get through to that copy.

    Sarah is still in the middle of pneumonia, so she's in no condition to fight for her rights, which I belive were violated. She has not been accused to any crime, and told me privately that she had no idea that Steve was stealing. Steve is still in the middle of pneumonia as well, and given that he has a criminal record Sarah thinks he may not get proper treatment at the local jail while he is being held.

    So, what can I do here? I am going over tonight to help clean a little, but before I clean I am going to take LOTS of pictures, plus get estimates from some contractors for how much it's going to cost to get this all fixed. Would it be okay if I helped Sarah and Nick send a bill for damages to the Sheriff's Office? Or is that illeagal in some way?

    I'm just so mad it's not even funny. These jokers in uniform not only made Sarah and Nick feel terrible, they broke an oath that they swore to. You know, the one there on the badge? To Protect and To Serve? How was ANYHTING that they did last night protecting or serving Sarah and Nick?

    AAAAAAA!!!!!!:mad::mad::mad::mad::mad::mad:

    Rock on
    Eric
     
  2. DaftCat

    DaftCat

    Jul 26, 2004
    Medicine Hat
    I am NOT a lawyer.

    1. Cool off.
    2. Take those photos ASAP!!! Set a newspaper beside some of them for date reference.
    3. Call a lawyer.
    4. Don't allow your mouth to end up looking stupid.

    Good luck,
     
  3. Petebass

    Petebass

    Dec 22, 2002
    QLD Australia
    Mabye i watch too much TV, but if the cops went into the house that hard, I'd say that he was into some pretty serious illegal activities. That's still no excuse for trashing someone's house.

    Does Steve's record mean that he is considered armed and dangerous? Was anyone there giving resistance to the police? I realise this is very unlikely from someone with pneumonia - I'm only asking because when you file the claim, the police will try to justify their actions and these are the sorts of things they will bring up.
     
  4. DigMe

    DigMe

    Aug 10, 2002
    Waco, TX
    From what I've heard they're typically required to knock and wait a specified amount of time...that's both for their safety and the occupants as cops have been mistaken for home invaders before when not giving proper ID.

    brad cook
     
  5. nonsqtr

    nonsqtr The emperor has no clothes!

    Aug 29, 2003
    Burbank CA USA
    Contact the ACLU. Seriously. Entering the premises without identification is a serious violation of civil rights. The case can get thrown out of court on that basis alone. And if it were me, I'd be pressing a civil suit against the police. Contact the ACLU, they can help, or at least they can put you in touch with someone who can.
     
  6. Kelly Lee

    Kelly Lee Yeah, I'm a guy! Supporting Member

    Feb 17, 2004
    Marana, AZ, USA
    Get a lawyer. Period. Maybe contact the ACLU and see if they can recommend a lawyer.

    Nonsqtr, you beat me too it.
     
  7. Now, this is where I get mad. "Steve" and "Sarah" (Nick's mother) are both down with pneumonia right now. Have been for the last week. My mom has been over there doing their laundry for them. When the cops came, they didn't knock. They didn't even annouce "Police, open up!!" They simply bashed in teh dorr with a battering ram. They held Steve and Sarah at gun point while they were frisked, the proceeded to tear the house appart during the search.

    With a warrant for theft they could have a reasonalbe suspicion he could run. It's still required to announce/knock though. The chances of them getting anything on the cops is around 15% for being rude and tearing things apart. Take pics of the damage. This will be needed.

    In the aftermath, the front door is not only broken but torn from it's hinges, a window was broken, two seperate chest's of drawers were broken, a lamp was broken, the door to the 'fridge was broken, and a leg for a table was snapped off. The cops were extremely rude the entire time, and when they left, the form that states what items were taken as evidence was completely unreadable. It's one of those carbon copy things, and they didn't press hard enough for it to get through to that copy.

    Again, take pics of the damage. Things like the "fridge" should have been touched because for a warrant searching for stolen property only containers large enough to hold them can actually be searched. The lamp etc, should be replaced by them. Those are not reasonable at all. A LARGE part of police work is 'creative writing'. So make sure you're very thourough with your explaination.

    Sarah is still in the middle of pneumonia, so she's in no condition to fight for her rights, which I belive were violated. She has not been accused to any crime, and told me privately that she had no idea that Steve was stealing. Steve is still in the middle of pneumonia as well, and given that he has a criminal record Sarah thinks he may not get proper treatment at the local jail while he is being held.

    Not sure if she should have even been arrested. Maybe if thought of an accomplice. MAKE SURE THE MIRANDA RIGHTS WERE READ TO THEM.

    So, what can I do here? I am going over tonight to help clean a little, but before I clean I am going to take LOTS of pictures, plus get estimates from some contracors for how much it's going to cost to get this all fixed. Would it be okay if I helped Sarah and Nick send a bill for damages to the Sheriff's Office? Or is that illeagal in some way?

    I'm just so mad it's not even funny. These jokers in uniform not only made Sarah and Nick feel terrible, they broke an oath that they swore to. You know, the one there on the badge? To Protect and To Serve? How was ANYHTING that they did last night protecting or serving Sarah and Nick?

    Suggestion, file a complaint and take them to civil court if needed.Couple rights violated here. Especially the 4th.
     
  8. Okay, nothing personal here, but I'm going to play devil's advocate. Bear with me, OK? :cool:

    First, although I'm not a lawyer, it's my recollection that the Supreme Court has ruled that the police do not need to announce themselves under certain search warrants.

    Second, you think these people are nice and above-board...but remember, that's what people thought about the BTK killer that was just captured. Scout leader, church leader, everybody thought he was a great guy. Turns out he (allegedly) brutally killed a lot of innocent women. Lots of very bad people come across as being honest, good folks.

    And finally, sometimes the police don't play nice...because the people they're dealing with sometimes don't play nice with them. Take this afternoon's events in Atlanta, several dead people are the result.

    So I know you're mad, but remember, there's more than one side to any story.
     
  9. MJ5150

    MJ5150 Terrific Twister

    Apr 12, 2001
    Lacey, WA
    You're really hung up on this whole having pneumonia aspect. Try not to mention that in your complaints.

    What obligates the police to be nicer since they were both sick? Should the police have brought some chicken noodle soup along with the warrant?

    -Mike
     
  10. Maybe the cops should have called ahead for an appointment:

    "Hello, this is the police, we'd like to come by sometime to see if you have any stolen goods. When would be a good day to drop by and look?.... Oh, I see, you're both sick. Well, why don't you call us back when you're both well?"

    :D it's so much fun to be a wise guy... :D
     
  11. NJL

    NJL

    Apr 12, 2002
    San Antonio
    what it boils down to is that someone had a warrant.....others lived with that person that had a warrant.

    rule #1 - don't have a warrant for your arrest

    rule #2 - don't live with a person who has a warrant

    rule #3 - if you know your roommate has a criminal record, expect for sh$$ to happen.

    rule #3 - policy in re this issue (warrant serving) vary per state, what happens in jersey may be OK in texas and vise versa
     
  12. Bad Brains

    Bad Brains Banned

    Jan 7, 2004
    Detroit, michigan
    Call and talk to a laywer, a good one. They could give you the corret advice, they love getting back at law enforcement agecies anyway they can. I work at a lawfirm.
     
  13. Let's suppose your friends were indeed innocent, and they were "wronged" by the police. In a perfect world, you could file for an investigation without fear of retribution, and the matter would be investigated and settled without any hard feelings by the cops.

    Now let's get back to reality....in most towns I'd think long and hard about filing anything against the cops, unless it concerned me directly. Then think about it again. And again. They have ways of making your life miserable. Is it really, really worth it?? (now factor in, what if your friends were actually involved in something illegal?)

    Sometimes we just have to swallow our indignation and accept life for what it is...unfair at times. Some battles ain't worth fighting...you may win the battle but lose the war. (remember, I have the luxury of being an old fart :D )
     
  14. This is so stupid. You may or may not have legal recourse, but you sure as hell should.

    This is interesting that I'm reading this today, as I was at the range with a friend and one of the guys working behind the desk was telling a similar story. Apparently a neighbor told police that the guy and his roomate were manufacturing and selling illegal firearms from their home. The cops watched them for a period, and eventually determined that they were manufacturing mac10s based on the 7.62x39mm casings being discarded in their trash. :rolleyes: (that's russian ammo) One night a swat team broke in, battering ram and all, broke ****, messed up their appartment, slammed the guys against the floor etc etc. (acted like total cocks) On top of that, they took the guy's roomate's guns because they were "stored improperly". (the guy who was telling the story got to keep his)

    These guys got absolutely no compensation, and they didn't take legal action because they were young and didn't know if it was possible/how. They had their appartment trashed, themselves scared ****less, and one of them lost a good deal of somewhat-pricey firearms.

    Cops suck. I've had too many bad runins with them and have heard too many stories about them. Actually, that's not always true, and I like the local Fairfax County police alot, as most of them are pretty cool and we have alot of violent gangs. (MS-13 comes to mind) But many other cops and forces such as Rockingham County's and the cops dealing with the guys above and with your story eric need to piss off.
     
  15. You'd be a prick to when you deal with ungrateful people and a super stressful job :D. I'd slam your ass down, but with care. Like maybe on a pillow ;)
     
  16. NJL

    NJL

    Apr 12, 2002
    San Antonio
    we're talking about cops here, not porn

    :D ;)
     
  17. Lackey

    Lackey

    May 10, 2002
    Los Angeles
    Nice.

    2 weeks ago a female police officer pulled a 9mm on me for "...not putting my hands out the window immediately" (for a routine traffic stop? wow, how relevent/necessary/routine). She was convinced that I had been racing around town all night, since I had a "red mustang". When I asked how the other car matched mine she replied "well I only saw the back of it". What a great way to ID a vehicle. Get a life - It's late and I'm trying to get home (doing the speed limit) after picking up my bass gear from the studio.

    I respect the cops that do their job, but this one was a ... sow? hmm
     
  18. Razor

    Razor

    Sep 22, 2002
    Dallas
    There's always two sides to every story. ;)
     
  19. Tim Cole

    Tim Cole

    Jun 12, 2002
    Findlay, Ohio
    LOL, so these guys were manufacturing illegal weapons, and were expected to be more polite? Right! Let's see, felony activity, loaded the the hilt with firearms.......yep, sounds like if I were an officer I'd just knock and ask nicely. You've got to understand these police are taking their own lives into their hands when walking into something like this, which could easily end up in a massacre. Remember waco texas? Guessing by your outlook, I am guessing you were probably in diapers at that time, so maybe not.

    On subject, you mentioned a "past record". Care to elaborate? Also, were you there for this event? Keep in mind these guys do this stuff this way for a reason, for their own protection. Don't want the cops busting up your door? Take Jim Carrey's advice in liar liar: "stop breaking the law *******".

    Also, law enforcement has every right and HAVE TO secure the home by first restraining all occupants of the home, to ensure no one is going to get hurt. It sucks if innocent people get roughed up in the process, but they should know better than to be hanging with known criminals, and dirty thieves if they don't want their house to get it's ass kicked.

    Again, if you were the one on the job and had to walk into these situations on a daily basis, I am sure your attitude would be different. Safety for yourself, and your coworkers first....period.

    /rant off
     
  20. Tim Cole

    Tim Cole

    Jun 12, 2002
    Findlay, Ohio
    This is so comical, I had to post it again. They were manufacturing illegal firearms, and you claim they are cocks for raiding the house and doing what is nescessary to eliminate any chance of a shootout lol. Also, the idiot who lost his guns due to improper storage deserved to lose them. Guns are not toys, they kill people. If he isn't responsible enough to properly put them in safe storage, he isn't smart or responsible enough to own them, period.

    I for one, hope you never own a gun either.