Here is my story …..Tuesday october 30th the day before Halloween around 10pm at night I had a knock at my door it I opened and saw two gentle men in plain clothes, one man flipped out a wallet and said I am a C.O.M.E.T officer and I have a few questions we would like to ask……before I contuinue I would like to just tell you who C.O.M.E.T is….they are a regional task force of under cover cops that are busting drug dealers and meth labs in southwest missouri………I would like to call them cowboy cops….ok now I have absoulutly nothing to hide so I said sure come on in….all of a sudden two turned into four and stepped in my front door and all wearing plain cloths…..ok so he turns to my wife and I and says there has been calls about a lot of traffic that has been seen coming and going to and from your house so we have done this type of visit before all we are going to do is search your house for the meth lab and………..that is where I said hold on do you have a warrant to search my house? He responds back no. I then say “ok what you need to do is go get a warrant, a police officer and come back then you can search my house right now I am going to ask you guys to leave my house.Then one of the four responded back to me “NO�….i said what ….OK NOW YOU GUYS NEED TO GET OUT OF MY HOUSE NOW I SHOUTED very irritated I might add. Again one of the four said no. I am flabber gassed at this time so I say “ok then lets just see what the Police have to say about this�…one of the gentle men says “WE ARE THE LAW DUMBASS�…….so I get dispatch and I say to them “I am at my house surrounded by four men that claim to be officers of some type wanting to search my house, I have asked them to leave and go get a warrant and they are refusing to do so will you please send a officer down here to help me? She then asks if she can speak with one of the officers so I hand the phone to one of them.One of the other guys asked for my id , I said no you can leave my house.then the guy I handed the phone to hung up with dispatch.so I reached for my phone and he jerked it away from me and flexed at me like he was going to hit me.So I reached out and snagged the phone back and quickly called back dispatch to the city police and said “ I am in fear for my life I have a wife and a 4 year old daughter here will you please stay on the phone with me till a officer arrives?� she says yes ……so then phone in one hand I walk over to my front door open the screen door and say please leave my house now…..at that point all four guys push me out of my house and into the yard and begin to restrain me and put me in hand cuffs…....violantly I may add ….then a few min go by and the city cops show up they walk up I am in the middle of my yard and he asks what is going on…….i said� sir thank you for coming these guys just pulled me out from my house and I have asked them to leave multiply times look you are a cop with a badge and a uniform if you want to search my house go right ahead and search I don’t care…� at that time the officer and three of the guys step away and talk….a few min later the cop walks over and then says to me “ we are going to place you under arrest for resisting arrest “ I WAS IN COMPLETE SHOCK LIKE WHAT THE F*%K DID YOU SAY?�So they take me to the city jail don’t even book me just put me in the cell five min later the same officer walks back up to me and says “I don’t know if this is good news or bad news for you but they dropped the resisting arrest charges and we are holding you for 24hours for another agency ……6 am comes around and they realse me pending charges ….i said I would like to press charges on the people in my house who assalted me!!! They tell me to come back at 8 when the head officers in charge get here and you can do it then……I go home shower and go right back up there and try they tell me I can not press charges because I am pending charges I would need to take it up with the procecuter…….NOW KEEP IN MIND I figured I threw enough stink that surely they would get a search warrant and come back and search my house….THEY DID NOT…….i have absoulutly nothing to hide I do not do drugs I don’t drink alchool , I cant spell , and I most certainly do not do meth let alone no how to make it………..I have called numerous lawyers around my area and have got all the same reaction out of them “WOW�…..�WHAT!�….�ARE YOU SERIOUS?� all kinds of those responses …..i have no warrents for my arrest and most certainly had no warrents for my house to be searched ….but all of the lawyers say basically the same thing�MIND YOU I EVEN CONTACTED FEDERAL LAWYERS THAT ARE CIVIL LAWYERS� They will not help me/ its not worth the hassel …….and one just told me strait up how it was….the guys are cowboy cops they are backed by the judges and have immunity status …..you will spend more money trying to prove your case than it is worth to anyone to pursue……..MY POINT IS THIS HOW CAN ANYONE COME IN TO YOUR HOUSE AND DO WHAT THEY WANT WITH YOU? ISNT THIS SUPOSE TO BE MY CASTLE?NOT ONLY THAT BUT THEN ASSALT ME? I JUST DON’T KNOW WHAT TO DO AND I AM PUTTING THIS OUT HERE TO SEE FEED BACK AND TELL MY STORY….WHO IS TO SAY THEY WILL NOT COME BACK AND PLANT SOMETHING OR ASSALT ME AGAIN OR JUST COME AND DO WHAT THEY WANT …..again they took me off to jail for resisting arrest and never searched my house which is why they showed up in the first place/ never had a warrant for my arrest and I committed no crime what so ever…its now Friday november 2 and still they have not been back …………………..
I would suggest you get a surveillance camera that saves to a web site (can't rip out a hard drive and destroy the evidence). Keep it pulled up on your computer- next time there is a knock at the door hit record. Have a friend or family member send the video to the media if you are assaulted or arrested again. This will hopefully catch them planting something as well. I wouldn't risk going to the media without hard proof. Otherwise they may come after you harder.
What the hell does this have to do with your job? Did I miss an addendum to the mission statement of SIMPLY FIRED? I miss the part where you lost your job because of this.
I would've asked to have the dispatcher verify that these were legit cops and once that happened let them do their thing. If you have nothing to hide. There is no privacy anymore. If you're ignorant of the political climate in this country then you got what you deserved. This is a totalitarian state now. Freedom is an illusion.
My first suggestion is to download the Firefox web browser. It has a built in spell checker. That will help your poor spelling problem. :))
You said there were reports of high traffic at your house. Is you wife an Avon lady? Does she sell Tupperware? You never explained how they came up with the 'high traffic' accusation.
My point is, if your house shows signs of potential illegal activity, you should have a simple explanation for it if you are innocent of the supposed illegal activity.
Since in general the police need a reason to stop, question, search or arrest you, it's very important for you to know your rights, in order to avoid unintentionally giving the police evidence in a criminal case against you. When clients are interested, I always discuss our rights and our ways to protect them. Sometimes this information is only helpful if you are ever in contact with police in the future, but it's handy to know whether or not you're charged with a crime.
Basic facts to know when you have an encounter with the police:
You have no obligation to talk to the police, ever, unless you are subpoenaed to come to court and asked questions by a lawyer in a hearing.
Stand firm when you are asserting your right to remain silent. Police may tell you they will do something (like arrest you) if you don't talk to them. In general, if they have enough evidence to arrest you, they will whether or not you talk to them. Rarely, if ever, can a person talk his or her way out of an arrest if the police believe they can make a case in Colorado court against the person. Most often, when people being investigated talk to the police, they wind up providing the police with a little bit of information that the police didn't have before, making the case against them worse when it gets to court. If the police want to talk to you and you refuse, and then the police arrest you, if they didn't have the proper factual basis to arrest you your lawyer can challenge the arrest in court. If you've tried to talk your way out of an arrest, and the police arrest you anyway, all the things you told them will be brought out as evidence against you, and usually misinterpreted to boot. If you want to talk to the police, request permission to speak to a lawyer first, get the officer's phone number, and have the lawyer call the officer to arrange a time when the lawyer can advise you during the interrogation.
Police don't have to tell you the truth of what they're looking for when they arrive at your house.
You never have to let the police into your house. When they have a search warrant, you should let them in, because they can break the door and barge in if they want. When they have an arrest warrant, you should come out of your house to be arrested, because otherwise they can barge in to look for you, and then search the inside of your house once they're inside. If they have a warrant, you should ask the police to show it to you before letting them in. But if the police have no warrant at all, you do not need to let them in. Often the police will tell you they will get a warrant if you don't cooperate. Let them, they may be bluffing. More people than I can describe become their own worst enemies in court by agreeing to let the police do something, thinking they'll get a break later, only to find that their own agreement, or statements, are what led the police to gather the evidence against them.
If you're walking on a street and a police officer wants to talk to you, you do not have to stop and talk to them.
Tell them (politely) that you're busy, and keep going on your way. If they already have a reason to arrest you, they probably will. But if they don't, they may try to talk to you to gather the additional information they need to arrest you. Your stopping to talk to them may be deemed to be "consensual" in court, and not a violation of your rights.
Be aware that the police are often looking for something other than what you think they are looking for.
Usually, when they talk to you (on the street, in your car, or in some other public place) they will examine you (without your knowing it!) for signs of being under the influence of alcohol or drugs. There is nothing you can do about some of these symptoms, they pertain to things like the amount of moisture in your mouth, the smell of your breath, and the size of your pupils. I advise clients not to voluntarily stop and talk to the police in part because often during these "consensual encounters" the police will see "symptoms" of what could be drug influence that they couldn't have noticed if you just kept going when they "asked" to talk to you.
If you're in a car, the police need a specific reason to hit their red lights and pull you over.
Be aware of the condition of your car and the rules of the road, to avoid giving them such a reason. The most common traffic violations that I've seen, which give the police reason to pull you over, are: no current registration tags, a brake light or headlight out, failing to signal while turning or changing lanes, failing to come to a complete stop, speeding, weaving (even within your own lane - that's considered "suspicion of drunk driving"), and changing lanes over a solid white line.
If the police pull you over and you have not apparently violated any law, always be polite, but remember your case might be successfully challenged in court because your constitutional rights were violated.
If the police pull you over for a routine traffic stop, you do not ever have to give the police consent to search your car.
Sometimes the police will suggest that you must consent or they will arrest you. They are lying; failure to consent to a search is not grounds to arrest you, the police need something else to justify an arrest. If the police have a lawful reason to search, they are going to no matter what, you don't need to give them consent to do so (it just makes their case easier to prove in court). You should tell them clearly and firmly that you do not give them permission to search, or they may interpret your silence as implied consent to search.
voxpopulisuxx ... that is very solid and helpful advice. I have one question when an officer pulls you over as long as you put on your flashers and slow down and pull over are you allowed to continue driving slowly until you come to a street light when your on a dark road?
Im not a lawyer I copyed that info from someone else, however finding a reasonable safe spot to stop is most likely appreciated by the officer, just dont make any sudden moves or look like your trying to stash something...stop as soon as feasable i would say.
That is a crazy situation. I would make sure you have camera's set up - like a web cam- just in case they come back. If you're friends with your neighbors tell them what happened and if the incident should happen again, ask them to come over as soon as they see police cars at your house. This will at least give you some witnesses. As for getting them for what they've already done, thats the hard part. You need to call around and find a lawyer that will take your case. Your rights were violated. Call the newspaper and the local news channels. Talk to anyone you can and eventually you will find someone who can help you. You might not win money or anything like that but the person in charge of what happened at your house should be fired.
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I would suggest you get a surveillance camera that saves to a web site (can't rip out a hard drive and destroy the evidence). Keep it pulled up on your computer- next time there is a knock at the door hit record. Have a friend or family member send the video to the media if you are assaulted or arrested again. This will hopefully catch them planting something as well. I wouldn't risk going to the media without hard proof. Otherwise they may come after you harder.
What the hell does this have to do with your job? Did I miss an addendum to the mission statement of SIMPLY FIRED? I miss the part where you lost your job because of this.
I would've asked to have the dispatcher verify that these were legit cops and once that happened let them do their thing. If you have nothing to hide. There is no privacy anymore. If you're ignorant of the political climate in this country then you got what you deserved. This is a totalitarian state now. Freedom is an illusion.
It's the people that continue to fight and stand up for their rights which keep everything in check.
That's also a really crazy story I'm glad you shared it with the INTERNETS!
Thumbs up!
My first suggestion is to download the Firefox web browser. It has a built in spell checker. That will help your poor spelling problem. :))
You said there were reports of high traffic at your house. Is you wife an Avon lady? Does she sell Tupperware? You never explained how they came up with the 'high traffic' accusation.
My point is, if your house shows signs of potential illegal activity, you should have a simple explanation for it if you are innocent of the supposed illegal activity.
Dealing With Police
What can I do to protect myself from the police?
Since in general the police need a reason to stop, question, search or arrest you, it's very important for you to know your rights, in order to avoid unintentionally giving the police evidence in a criminal case against you. When clients are interested, I always discuss our rights and our ways to protect them. Sometimes this information is only helpful if you are ever in contact with police in the future, but it's handy to know whether or not you're charged with a crime.
Basic facts to know when you have an encounter with the police:
You have no obligation to talk to the police, ever, unless you are subpoenaed to come to court and asked questions by a lawyer in a hearing.
Stand firm when you are asserting your right to remain silent. Police may tell you they will do something (like arrest you) if you don't talk to them. In general, if they have enough evidence to arrest you, they will whether or not you talk to them. Rarely, if ever, can a person talk his or her way out of an arrest if the police believe they can make a case in Colorado court against the person. Most often, when people being investigated talk to the police, they wind up providing the police with a little bit of information that the police didn't have before, making the case against them worse when it gets to court. If the police want to talk to you and you refuse, and then the police arrest you, if they didn't have the proper factual basis to arrest you your lawyer can challenge the arrest in court. If you've tried to talk your way out of an arrest, and the police arrest you anyway, all the things you told them will be brought out as evidence against you, and usually misinterpreted to boot. If you want to talk to the police, request permission to speak to a lawyer first, get the officer's phone number, and have the lawyer call the officer to arrange a time when the lawyer can advise you during the interrogation.
Police don't have to tell you the truth of what they're looking for when they arrive at your house.
You never have to let the police into your house. When they have a search warrant, you should let them in, because they can break the door and barge in if they want. When they have an arrest warrant, you should come out of your house to be arrested, because otherwise they can barge in to look for you, and then search the inside of your house once they're inside. If they have a warrant, you should ask the police to show it to you before letting them in. But if the police have no warrant at all, you do not need to let them in. Often the police will tell you they will get a warrant if you don't cooperate. Let them, they may be bluffing. More people than I can describe become their own worst enemies in court by agreeing to let the police do something, thinking they'll get a break later, only to find that their own agreement, or statements, are what led the police to gather the evidence against them.
If you're walking on a street and a police officer wants to talk to you, you do not have to stop and talk to them.
Tell them (politely) that you're busy, and keep going on your way. If they already have a reason to arrest you, they probably will. But if they don't, they may try to talk to you to gather the additional information they need to arrest you. Your stopping to talk to them may be deemed to be "consensual" in court, and not a violation of your rights.
Be aware that the police are often looking for something other than what you think they are looking for.
Usually, when they talk to you (on the street, in your car, or in some other public place) they will examine you (without your knowing it!) for signs of being under the influence of alcohol or drugs. There is nothing you can do about some of these symptoms, they pertain to things like the amount of moisture in your mouth, the smell of your breath, and the size of your pupils. I advise clients not to voluntarily stop and talk to the police in part because often during these "consensual encounters" the police will see "symptoms" of what could be drug influence that they couldn't have noticed if you just kept going when they "asked" to talk to you.
If you're in a car, the police need a specific reason to hit their red lights and pull you over.
Be aware of the condition of your car and the rules of the road, to avoid giving them such a reason. The most common traffic violations that I've seen, which give the police reason to pull you over, are: no current registration tags, a brake light or headlight out, failing to signal while turning or changing lanes, failing to come to a complete stop, speeding, weaving (even within your own lane - that's considered "suspicion of drunk driving"), and changing lanes over a solid white line.
If the police pull you over and you have not apparently violated any law, always be polite, but remember your case might be successfully challenged in court because your constitutional rights were violated.
If the police pull you over for a routine traffic stop, you do not ever have to give the police consent to search your car.
Sometimes the police will suggest that you must consent or they will arrest you. They are lying; failure to consent to a search is not grounds to arrest you, the police need something else to justify an arrest. If the police have a lawful reason to search, they are going to no matter what, you don't need to give them consent to do so (it just makes their case easier to prove in court). You should tell them clearly and firmly that you do not give them permission to search, or they may interpret your silence as implied consent to search.
voxpopulisuxx ... that is very solid and helpful advice. I have one question when an officer pulls you over as long as you put on your flashers and slow down and pull over are you allowed to continue driving slowly until you come to a street light when your on a dark road?
Im not a lawyer I copyed that info from someone else, however finding a reasonable safe spot to stop is most likely appreciated by the officer, just dont make any sudden moves or look like your trying to stash something...stop as soon as feasable i would say.
Contact the ACLU and explain the situation. They make take on the case on your behalf.
That is a crazy situation. I would make sure you have camera's set up - like a web cam- just in case they come back. If you're friends with your neighbors tell them what happened and if the incident should happen again, ask them to come over as soon as they see police cars at your house. This will at least give you some witnesses. As for getting them for what they've already done, thats the hard part. You need to call around and find a lawyer that will take your case. Your rights were violated. Call the newspaper and the local news channels. Talk to anyone you can and eventually you will find someone who can help you. You might not win money or anything like that but the person in charge of what happened at your house should be fired.