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Any local media watchdogs in town to whom you can report?
I love the cops in general but their behavior here was over the line.
Quote:
Originally Posted by brrabbit
Their behavior was spot on! They got a report on gun fire, they had to investigate. They politely knocked (could be SWAT-style break-in). They searched. They left the house. What would you want police do if there is a shooting next door and you report it?
Did you read the OP carefully and in it's entirety to ascertain all the points that the poster raised? The summation above appears to omit much of it.
Wow. I think that I'd go talk to an attorney, not to confront your neighbor or the police but to discuss your options.
This sounds like a scary situation given the things that are happening today....and obviously this neighbor is willing to put you into a
very compromising situation....and has it in for you. I'd move.
^ I don't know about moving, but I would definitely call an attorney. I don't know that pushing things further is going to help you unless you can prove your version of events, but then again, I'm not a lawyer!
Did you read the OP carefully and in it's entirety to ascertain all the points that the poster raised? The summation above appears to omit much of it.
Second post raised quite a number of concerns... The first post lacked some interesting details. Obviously, if police received "shots were fired" from a reliable source (or the source deemed reliable by them at the time), they weren't expected to be extremely nice, they were expected to find out if there was no bleeding person ASAP. However, and I agree here, they must've overstepped a few bounds (reading from the second post), and a formal complaint to internal affairs is highly in order.
Police does not need search warrant if there has been a report of shooting done inside. Although, it's interesting question if OP would deny entry and let police to break the door, would they still search anything? OP's case against police would definitely be much stronger.
Their behavior was spot on! They got a report on gun fire, they had to investigate. They politely knocked (could be SWAT-style break-in). They searched. They left the house. What would you want police do if there is a shooting next door and you report it?
You can't search a home without a warrant unless there is direct visual indication of a crime - which there was none. This was not even a event that could be accurately confirmed nor I imagine could anyone inside a home say definitively where a sound (similar to a gunshot) originated from.
Their threat to break down your door is plain and simple intimidation. Your coercion into consenting into a search could be considered illegal. Also a fireman's word is no more valid in a court of law that that of anyone else. You can file a complaint on the officer's behavior to the police department. This will go into their personnel files and be a ding on them during future evaluations. As for your neighbor - as others say you should see a lawyer AND install a camera - especially knowing that you have someone willing to say such things living near you.
aaahhhh. very anxious situation, I had a similar experience.
I had a new house alarm system installed, I came home and tried to deactivate the alarm and I basically 'guessed wrong' too many times on the keypad. The system dialed out and called the police. Police showed up within minutes (it was very late at night) (I suppose I should be happy this city has good response time).
there were two officers (that I could see from the front porch). The first guy talking had his gun holstered, because at one point he had a clipboard to take his report, but the guy three steps back and offset had his gun drawn and pointed 3/4 at the ground (which means it was 1/4 pointed at me). I got the same speech that 'they could enter without a warrant' due to the circumstances. Sure, there are times when you want to pull the "show me your warrant" lawyer-speak, but when you got guns pointed at you, your brain has to make split-second decisions about what will keep you alive and what will risk that.
Maybe I'm more generous because I was not shoehorned into the corner and yelled at. Maybe that only happened because it was 2 cops and they had to cover each other and stay with me - Had it been "3" the dynamic is very different (1 is free to abuse you while the other 2 wander your house).
I'm sorry they trashed your house, that was completely unnecessary. I'm not sure there is a easy remediation for that. Even if you took excellent pictures/video of what was damaged, you will need to spend a lot of money for a lawyer to get anywhere. Lawyer is $300/hr... hiring Rosa the cleaning lady is probably cheaper.
I think your best option is to see an attorney to find out your options. Be upfront when scheduling your appointment; tell them what your issue is, so they can tell you if their office handles stuff like this. I am not sure what your rights are here, but at the very least your attorney could draft a formal request for a further investigation.
You say the police messed up your house. Have you checked carefully to find out if anything was stolen? Was anything damaged that required repair, or to be discarded? If so, you need to document those.
I am not sure what the police were looking for. My best guess is that they were looking for a victim first. I think they could have ascertained pretty quickly that there was no victim. So, my next guess is that they were looking for drugs.
But I am only guessing. See an attorney. But know beforehand what you want to accomplish. What do you think they owe you? And I'd be interested if they were wearing bodycams too.
I am not sure what the police were looking for. My best guess is that they were looking for a victim first. I think they could have ascertained pretty quickly that there was no victim. So, my next guess is that they were looking for drugs.
They might've been looking for a gun. Some states/municipalities are anal about registration. And I'd assume someone can tell a recently shot handgun from one that wasn't shot in weeks/months.
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