Dilemma With Police/Neighbour (sister, grandma, person, present)
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I think you're probably better off by dropping it. You said that neighbor moved so he shouldn't bother you anymore.
The police were only doing their jobs and you were wise to let them in. You've got to understand that when they come into a situation like that they're on high alert because the complainant said he heard gunshots so at that point the cops think you have a gun on the premises. With so many cops getting ambushed lately, the're going to be extra careful for their own safety.
The cops don't know whether you're a bad guy or a good guy or what's going on so that's why they handcuffed you and made you stand where they could see you. For all they knew you could have shot someone out of their immediate view so they had to check the house for a victim and a gun. I know they probably weren't too polite about it, but really they were only doing their job.
If it happens again where your former neighbors turns you in for something.. then you go to a lawyer and press charges against him.
I had cops to my home too because someone called 911 and didn't speak. My husband and I had no idea what they were talking about so we let them in to check around. They explained that since no one spoke it could have been a case of someone being injured or incapacitated in some way. One of them looked over the house while the other one stayed with us. They didn't find anyone of course but then I remembered my phone had the automatic 911 dial button so I opened the laundry closet door and there was my cat sleeping with the phone off the hook. Apparently she stepped on the 911 button.
I agree with the poster who suggested to CYA with video/audio evidence.
Many counties have neighborhood dispute mediatior that can help with issues such as noise complaints, harrassment, parking problems, code enforcement issues, etc ...The mediation dept is usually associated with & located at the courthouse & they may have some good advice & they will intervene if needed.
You can also file a complaint with the PD Internal Affairs Dept. I was given this advice once after an illegal search & seizure that resulted in my being arrested & booked into jail without option for bond (despite having zero previous offenses). Initially I was very skeptical. I mean; the IA cops are "the cops"; how is that unbiased?
I was wrong & it ended up being the best legal advice ever. And yes; it did come from an attorney. They are "the cops" (detectives, actually) but it's their job to minimize bad press & lawsuits & they were very professional. Once an IA report has been filed it remains as an "open" investigation & any form of police contact that is associated with your name or address is picked up by IA. Cops know this & it is a deterrent to "playing games"; they don't want to be called in unless they were there on legit buisness.
In my case, my arresting officer was found guilty of misconduct. The IA detectives were even able to locate & retrieve some of my property that was never turned in either to evidence or with my personal property at the jail ... because he had taken it HOME !
I do agree that they responded in the approved manner for a call of "shots fired". They can't just take your word for it when there could be an injured person inside your house that is being held against their will. I'm sure this happens frequently with DV calls: "Nope, wasn't me! I'm here alone ..." & then they find someone cowering in a closet who was too afraid to make a peep. If YOU were that person you would want to know that they wouldn't just take someone's word for it!
The issue that you do have a right to be concerned about is that your neighbor may be using his position & contacts to harrass you with city resources & thats an abuse of his status. as well as a drain on resources that are needed elsewhere.
Well don't keep us in suspense. What else happened did they search your home?
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.
The thing is, it seems the police were on a fishing expedition. It should have been apparent that there wasn't a problem. On the other hand, I suppose the police might have felt they had to thoroughly check. I am troubled that they messed up your house though. I am also troubled by how you felt; I suspect they were not respectful.
Have the attorney file a formal complaint against the department. It's probably not something new with that department. Hiring standards for police have been much lower over the past few years. The best/most qualified candidates are not those who they're looking for. They're looking for "check the box" hires.
The badge and gun seems to give a lot of them bravery they otherwise wouldn't have.
My trust in cops isn't very high for many reasons. I do not blindly support law enforcement like so many do these days.
What can you get out of this? A paper trail. If the attorney asks you what you want, I would say money and not signing any documents agreeing to not disclosing this. Dirty/crooked cops need to find other jobs. The thin blue line exists and I would bet a paycheck they're in the game with fire fighters.
Situation:
Police were called to my home, late at night, because a neighbour thought they heard a gunshot from my residence. I thought this was a prank, as the police did not explain the situation. I was very reluctant to let them into my home but they indicated they could either force themselves into my home or I could let them in.. Note: They had guns drawn/not pointed.
Obviously, not wanting to damage my home, I let them in. I asked them what this was about and I was shouted at, confined to my living room, and once they had completed their search (and messed up my home) they relayed to me that a neighbour had called in because they thought they heard a gunshot from my residence. They left after this point (and obviously, no gun/crime was found/committed) but my home was a mess, and there was never a gunshot-type of noise coming from my home.
I ordered a police report and found the complainant was a neighbour I had been having trouble with. This neighbour had been causing disturbances at night, playing loud music and despite me asking them to reduce the volume of the noise, did not.
I asked the police to look into the matter due to my belief this was a malicious false police report but they declined to investigate. They felt that the information was legitimately reported due to my neighbour being a firefighter with the Minneapolis Fire Department and therefore, he "must" have knowledge on the sound of gunfire. Also, in my phone conversation with the police, they lied about who the complainant was.. only through the police report did I find it was a neighbour..
My question:
Obviously, I am quite upset about this matter. Would you follow-up, legally or otherwise with either the Police Department involved or the Complainant? I am considering my legal options but given that Minnesota has a poor reputation for police brutality, I am also fearful of negative consequences, if any.
Thank You
.
Stories like yours are very troubling and it is indicative of a systemic problem we have with law enforcement officers now. However, prior to your story, I thought that firefighters were still "the good guys."
I have pretty much given up on the idea that Law Enforcement Officers (LEO'S) are primarily employed to protect US, the public. It used to be so, but that was in the era when local police were required to live in the communities they serve and when they were a smaller force, we got the cream of the crop, those who were most psychologically fit for the job. Much calmer LEO's. Now there are far too many LEO's, and a large majority of them live an hour or more away and when called to a residence or business, they are there to exert control and arrive overly armed and dangerous. Also new recruits are frequently former military, used to being jumpy due to the situations in which they served in wars. There is a cycle now where police shootings have caused some citizens to shoot back and now officers feel they are under fire and don't know who to trust. When they arrive to a supposed "scene", they overreact and come armed for Armageddon. It is frankly very scary.
Some questions:
Is the neighbor (now, fortunately for you, your former neighbor) still employed with the Minneapolis Fire Department?
Was his last loud party (or one that you reported) perhaps his retirement party? If so, and he has moved
away from you, I would just drop it (unless any of your possessions went "missing" after the police searched your house out of your sight).
Have you read Nolo's Neighbor Law book? Your library likely has a copy of it, or you can buy it. It has good advice for you as you move forward with ALL your neighbors.
If you seek counsel, you should talk to a lawyer who specializes in Civil Law and has a reputation for successfully litigating against law enforcement agencies. They would be able to tell you much better than all of us whether you have a case or don't. I have read that the Internal Affairs department will not be of much help, but another poster, above, reports having success with them.
Last edited by SFBayBoomer; 08-22-2017 at 12:26 AM..
I had cops to my home too because someone called 911 and didn't speak. My husband and I had no idea what they were talking about so we let them in to check around. They explained that since no one spoke it could have been a case of someone being injured or incapacitated in some way. One of them looked over the house while the other one stayed with us. They didn't find anyone of course but then I remembered my phone had the automatic 911 dial button so I opened the laundry closet door and there was my cat sleeping with the phone off the hook. Apparently she stepped on the 911 button.
My cat did that on two occasions before I deleted the auto-dial to 911.
Meow.
(This was about 20 years ago, and both times the police dispatcher just called to ask if everything was alright.)
Last edited by SFBayBoomer; 08-22-2017 at 12:22 AM..
okay do any of you know your rights ? No warrant , no entry then if they kick down your door they are in deep doo doo because a.( they had no warrant .b) it is called unlawful entry . talk to a criminal defense attorney and all of these departments are what is legally known as separate enititys and they will have to be sued separately . Your lawyer might suggest suing your former neighbor civily I doubt you would get anything but it sure would teach him to not file false reports in the future .In the future never ever let cops in your home they are looking to bust you for something make them slide the warrant up under your door if they don't have one tell them to come back when they have one . Tell them goodnight turn your outside light off and go to bed . Does this tick them off ? sure it does but who cares .They don't like it when you exercise your rights and know them and I always , always suggest to my kids and my loved ones when a cop pulls you over start videotaping them and make sure you tell them you are video taping them . I could care less if I am arrested by an angry cop or a happy cop .
I disagree with those that say just forget it, the neighbor is gone. Some things in life should not have a price tag to make right. Do talk to an attorney to find out if any of your rights were violated. And even if not, did they violate policy and procedure? It's possible to search a home without tossing it. The firefighter shouldn't have an above question status, either. Civil service abuse starts somewhere.
You can't search a home without a warrant unless there is direct visual indication of a crime - which there was none. .
Not even close to correct.
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