The police illegally searched my house.

[Betticus]

I was having a birthday party for a friend of mine who is turning 20 (married with a toddler)... There were two dj's from El Paso up to spin and party with us so the music was outstanding. There was a decent group of people but word got out and I spent a good part of the night out front turning people away and we kept having to kick people out who managed to get by when nobody was out there regulating. My next door neighbors had a party that night too. The cops had parked down the street and were out walking around once in a while but I'd also walked around and had adjusted the music so you couldn't hear it by the street. My house sets pretty far back from the street. Anyway, someone went out to smoke and left the door open so sure enough three cops end up at my door shining flashlights in and asking for the owner.

So we shut down the music and I go to get rid of them. They said there was a noise complaint but I seriously doubt that, I think they were lying. So I say we will keep the music off and tell them to have a good night and start to go back into my house. Two of em rush around to block the way and ask where I'm going to which I say inside my house, now have a good evening and we will keep it quiet.

One of em says he wants to run some tests on me because I seem impaired to which I reply that I am not going to submit to any kind of testing. He asks how much I've had to drink and I tell him that I don't drink and turn back around to go in. They grab me, cuff me saying that my behaviour is unpredictable and drag me out into the yard. Start peppering me with all kinds of leading and incriminating questions to which I just ignore and remain silent. Except for telling them my name, address and date of birth. Fifth amendment protection against self incrimination applies 100% of the time and I don't believe in talking to the police. I refuse to look into their damn flashlights and ask them to leave. One cop is harassing me when I see the other two just walk into my house. I tell the cop that they don't have permission to search and he says they are conducting an investigation... doesn't mention what for of course.

They run everyone outside and shake em down, try to get them to say something incriminating but got nothing, they searched the house and there wasn't even a fucking can of beer for them to find. Nothing... So they start making bullshit threats, get all mad that everyone is seemingly fucked up but not a single shred of evidence then make up some bullshit story about getting a higher priority call and that we got lucky but they would put me in jail if they had to come back. Now... they didn't even issue a noise citation and it seemed like they were really confused when they were leaving.


So, I'm thinking about suing the city for violating my 4th amendment rights that deal with unlawful search and seizure. It would be applicable to everyone who was at the party too.

Anyone had this happen to them?

 

[Netzach]

I've had this happen to friends close to me. You don't get very far suing the police, but I'm assuming there's some complaint board thing?

You do that process. Nothing will likely happen, but it's like when you're being stalked keeping documentation.

 

[intothewoods]

That's bull. You handled it really well. Stay calm and ask them what probable cause they have to search you, your home, etc. Above all else stay calm.

I had a crim law prof in school who was two blocks from his house when the cops stopped him and asked him for ID. He calmly refused and repeatedly asked them what probable cause they had to ask him for ID. Eventually they left. He did not tell them he was a crim law prof. He's black and was wearing gym clothes or something.

Anyway, I agree with Netz. You'll get jack if you sue since you weren't arrested, harmed and your property wasn't damaged, but I would definitely look into whether there is a public oversight type of commision (you're in a small town though, right? So prob not) or just call the head of the department. Definitely follow up in writing and if it happens again you could always write to the newspaper or call local news.

 

[Betticus]

That's bull. You handled it really well. Stay calm and ask them what probable cause they have to search you, your home, etc. Above all else stay calm.

I had a crim law prof in school who was two blocks from his house when the cops stopped him and asked him for ID. He calmly refused and repeatedly asked them what probable cause they had to ask him for ID. Eventually they left. He did not tell them he was a crim law prof. He's black and was wearing gym clothes or something.

Anyway, I agree with Netz. You'll get jack if you sue since you weren't arrested, harmed and your property wasn't damaged, but I would definitely look into whether there is a public oversight type of commision (you're in a small town though, right? So prob not) or just call the head of the department. Definitely follow up in writing and if it happens again you could always write to the newspaper or call local news.

Think about what happens when three cops start fucking with an annoyed dom in his own home who is a rapacious devourer of all things involving psychological domination, is a bit of a twisted sadist and hasn't played with anyone in quite a while.

The sad thing is that I was actually starting to have fun by the time they decided it was best to leave. After having a couple of days to think about it though I am pretty pissed off about the violation of my 4th amendment rights.

There were a couple of people who had been smoking out front under a big tree that the cops never knew were there.. they said that when the cops walked past on the way out one of em was scratching his head and caught something like "what the fuck just happened there" ..

 

[Betticus]

I should sue the city and demand a 10cc vial of each cops blood that messed with me. Drawn by a medical professional and personally witnessed by me.

 

[Kajira Callista]

I should sue the city and demand a 10cc vial of each cops blood that messed with me. Drawn by a medical professional and personally witnessed by me.

How much are you paying me to draw their blood, and how much do you want it to hurt?

 

[intothewoods]

Think about what happens when three cops start fucking with an annoyed dom in his own home who is a rapacious devourer of all things involving psychological domination, is a bit of a twisted sadist and hasn't played with anyone in quite a while.

Nahhh.

 

[WriterDom]

So big party. Two DJs. And no beer? What's wrong with this picture? Was it an AA party?

 

[Betticus]

So big party. Two DJs. And no beer? What's wrong with this picture? Was it an AA party?

The girl whos birthday party it was is turning 20.

My lawyer just called, he said I need to go down to the police department and file a complaint with their internal affairs people. He mentioned that Las Cruces is getting out of control with civil rights violations and that the city is considering forming a civilian oversight committee to deal with it. He said a suit wouldn't go far because there were no real damages but that the illegal home search would raise hell with the city counsel.

 

[clock1]

ask your lawyer about a section 1983 suit, especially if this is a pattern in your community

Section 1983 provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

 

[graceanne]

They were trying to piss you off enough to get you to swing at them, so they could arrest you.

 

[DVS]

They were trying to piss you off enough to get you to swing at them, so they could arrest you.

Can't swing at them, if his hands are cuffed.

Do you have any neighbors who don't like you or might have a beef with something you've done in the past? Or maybe one of the kid's parents were concerned that there was alcohol at the party, and the girl was only 20.

If someone calls and states that they have reason to believe that there was alcohol at the party, that usually gives them the right to check it out. It's not really fair, but you do the least bit of something THEY consider weird, and they have the right to check things out.

Where I work, we have the right to detain someone, for almost no reason at all. Of course, just the simple stop is one thing. Escalating into a search of the house was kind of strange. Maybe they thought if they found something, it would justify the search. At that point, they had nothing.

Like gracie said, I think they were wanting you to get belligerent with them, which would give them even more reason to escalate further. The comment you mentioned that someone heard when they left leads me to believe someone complained and trumped up the party to be some wild thing with minors drinking, and such. When they left, I'm sure they were making sure they wrote down what THEY say happened, to cover their asses.

 

[00Syd]

Cops do that sort of shit all the time, especially around here. I don't really trust them. Few things freak me out more than the cops. MY first boyfriend used to threaten that he would go into the police, and I would threaten right back that I would promptly break up with him. The police really freak me out.

 

[rosco rathbone]

Good for you. You handled it just right.

Hope you have the energy to hassle them on the illegal search.

 

[subwannabe]

I guess everyone's point of view is different. I thought your very own description of events clearly showed that they had probably cause to investigate. Most normal law abiding people don't try confronting police. I think your full of shit when you say you were having a party with music and not a beer in sight? Oh that's right, the cops couldn't find any evidence. To me that is an admission that there was evidence that was gotten rid of before the police could find it. And of course the people smoking outside were only smoking cigarettes. Complain about the police and their tactics all you want but don't give me any BS that nothing was going on.

 

[graceanne]

why do i waste my time arguing with assholes? WHY?

 

[intothewoods]

Can't swing at them, if his hands are cuffed.

Do you have any neighbors who don't like you or might have a beef with something you've done in the past? Or maybe one of the kid's parents were concerned that there was alcohol at the party, and the girl was only 20.

If someone calls and states that they have reason to believe that there was alcohol at the party, that usually gives them the right to check it out. It's not really fair, but you do the least bit of something THEY consider weird, and they have the right to check things out.

Where I work, we have the right to detain someone, for almost no reason at all. Of course, just the simple stop is one thing. Escalating into a search of the house was kind of strange. Maybe they thought if they found something, it would justify the search. At that point, they had nothing.

Like gracie said, I think they were wanting you to get belligerent with them, which would give them even more reason to escalate further. The comment you mentioned that someone heard when they left leads me to believe someone complained and trumped up the party to be some wild thing with minors drinking, and such. When they left, I'm sure they were making sure they wrote down what THEY say happened, to cover their asses.

Aren't you in private security? On what basis do you have the right to detain someone for no reason at all?

 

[naxalite0906]

My guess is the only problem with taking action against the police is having enough evidence to seriously raise some hell.

 

[rosco rathbone]

Of course, the police never overstep the boundaries of their authority.

 

[DVS]

Aren't you in private security? On what basis do you have the right to detain someone for no reason at all?

As long as they are on our property and look out of character for whatever reason, we can stop them and check their ID. I work the night shift so everything I patrol is considered trespassing, so they are already breaking the law.

I usually don't bother with checking their ID, because some of them don't even have one. Most of the time, I just tell them they aren't allowed on the property after hours and they leave.

I have the right to arrest someone, if he's breaking the law while on our property. I can detain him, handcuff him and then call the police. If he runs, if the offense was serious enough, I have to chase after him, and the police are called to assist.

But, most of the time, if they leave property, that's leaving my jurisdiction and because their offense usually isn't much more than sleeping on property, it satisfies the law.

We do get public urination, indecent exposure, and public nuisance offenses sometimes.Drunks can get out of hand and think they are tough, etc. but if we think they are likely to hurt someone or themselves, we call the police.

We detained a guy just the other day for causing problems in one of the coffee shops. I think the owner insulted him, and he got out of control and hit him. The owner's wife came out with a baseball bat, and the owner went at him with a wet floor slgn that happened to be handy.

We took the guy up into the squad room and had him write out his version of what happened, while doing the same for the owner of the coffee shop. At the time, we didn't know who had started the fight. The coffee shop owner isn't the nicest guy around. But, when the police arrived, they found there was a warrant out on him and so he went to jail.

I'm a class A officer. Class A has the authority to detain and arrest while class B officers only have the authority to observe and report.

 

[rosco rathbone]

I'm a class A officer. Class A has the authority to detain and arrest while class B officers only have the authority to observe and report.

Are you strapped? Tazer?

 

[VelvetDarkness]

I've had this happen to friends close to me. You don't get very far suing the police, but I'm assuming there's some complaint board thing?

You do that process. Nothing will likely happen, but it's like when you're being stalked keeping documentation.

I think this is good advice. If you have another party and someone complains about noise, it will probably be on record that you've had complaints made before and the police will be even more than usually interested in you. Lodging a complaint yourself at least muddies the waters and makes the action taken against you questionable. I don't know much about USA law but it seems logical that making an official complaint about the action that was taken against you will go some way to preventing the cops from swooping on you and taking liberties next time they're bored and you have music playing. If your complaint is upheld, so much the better. Do the police not have any way of compensatiing you in that case that negates the need to drag them to court?

 

[DVS]

Are you strapped? Tazer?

Well, we use to carry guns. Then the company decided the insurance was too high and we now only have pepper spray. It's not much of a deterrent, I know. We were sprayed in the face during training. But, I think it might at least slow someone down long enough to get them cuffed. One can only hope.

Been doing this for nearly 8 years now, and never had a situation where someone was uncooperative, so maybe it's just the official looking uniform that does it. And, the night shift is 95% homeless, drunks, and people who should be on meds but aren't. We call more ambulances than police.

 

[rosco rathbone]

Well, we use to carry guns. Then the company decided the insurance was too high and we now only have pepper spray. It's not much of a deterrent, I know. We were sprayed in the face during training. But, I think it might at least slow someone down long enough to get them cuffed. One can only hope.

Been doing this for nearly 8 years now, and never had a situation where someone was uncooperative, so maybe it's just the official looking uniform that does it. And, the night shift is 95% homeless, drunks, and people who should be on meds but aren't. We call more ambulances than police.

I'm curious about this. Let's say someone runs away from you, or resists arrest. You call the cops, they come, and the perp gives up without a fight. Are they "resisting arrest"?

 

[DVS]

I'm curious about this. Let's say someone runs away from you, or resists arrest. You call the cops, they come, and the perp gives up without a fight. Are they "resisting arrest"?

It depends on how serious the crime is and all, but it's really up to the police at that point. If someone stops when the police chase them, they probably would give them a break. But, if after the police get involved, the guy still runs, I think they'd say he's resisting arrest.

We are considered a witness at that point and if necessary, go to court to testify. But, most of the time, the courts never call us for our testimony.

And mostly, I won't be chasing after someone, because of the offenses that occur on my shift. But, nobody wants a criminal caught in the act to get away. We will at least give police a description and last known direction of travel. That lets them decide on how to handle it. But, on day shift, officers have been fired because they didn't pursue when they saw someone trying to break into a car.

And, there are usually police driving around very close, so unless there is an accident that they have to direct traffic or maybe a fire, etc., it won't take long for police to arrive. I walk everywhere I go, and we had a false alarm in one of the vaults one night and the police made it there before I did. I was about 3 blocks away.

And you also have to take into consideration police time. If they don't think it's worth their time to come, they won't. They are like the big brother in this partnership. You get to know what they will come for and what they won't, after a while. Such as auto break ins, they won't come unless the owner is present. They just say to have the owner report it at their convenience. Most anything that we call for where we say we have one in custody, they will show up pretty quickly.

But we found a CVS pharmacy that had the back door unlocked one night, and they brought four officers and a canine to make sure nobody was in there. Turns out the asst. manager forgot to lock the door.

Anything that we or they might consider to be dangerous, they'll show up. they're good for that. But, over the Independence Day holiday, one of our officers said he saw a rolling gun fight a couple of blocks up the street. Dispatch called the police and they asked if anybody was wounded.

Nobody was still at the scene, so they said for our officer to go to where the gun fight had been and wait for police. An hour and 1/2 later, no police. either they had too many reports of gun fights that night, or they didn't care about it, because nobody was left bleeding.

And it was probably firecrackers, because there were no shell casings anywhere. Who uses a revolver, these days?