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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 03-29-2005, 10:25 AM
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Join Date: Mar 2005
Posts: 4

40 years old and never been in jail no criminal record


What is the name of your state? Montana, I have a nightmare on my hands that started on a monday morning in July of last year. I was home watching the price is right when I heard a car pull up outside, I looked out the window and saw an officer leaning into his car and telling another officer "ok" "ready" then they came and knocked on the door and asked me to come outside to speak with them.
I agreed and walked to the front of the police car where the officer who was leaning in his car earlier said to me(never once asked me for ID or Patted me down then later said they thought I was a probationer who was known to carry a 9 mm pistol, because dispatch had advised the van came back registered to the probationer) "What are you on probation for?" I asked is that what it says on your computer cause it is wrong, see jan 20 2004 wall street journal article about background checks....(had a false one) so then he asked "what if I told you someone had called and complained you were bothering them this morning?" to which I replied "don't know what to tell you" I've been here since about 8 am to which he said "well they gave us a license number that matches that van right there" "this just proves to me your nothing but a god**** bully" so I then said "so that's what you think huh?" we're done and I turned and walked back to my house as I got to the door (the officers say that one of them grabbed me and I dragged him in the house)one officer put his foot inside(later claiming he feared I was attempting to retrieve the mysterious pistol) as I closed the door(trapping his foot in the door) and after that all hell broke loose he was screaming "your breaking my f***ing leg" after they both pushed on the door till it was cracking I let off the door

I was promptly beaten In front of my two daughters then charged with 7 offences from disorderly conduct, obstructing a peace officer, resisting arrest and 2 counts each of criminal mischef for allegedly tearing thier shirts, also the kicker 2 felony counts of assault on a police officer then promptly taken to jail where I was denied medical attention and left for an hour and a half in a jail holding cell with over tight hand cuffs on with a wrist cut from over tight handcuffs.

I subsequently spent 3 months in jail for this and am now awaiting a hearing. Our local paper quoted a police spokesperson who said "it would have been one of those things where he would have been told to lay off the neighbors" but he turned a lecture into feloney charges, when he allegedly became violent while talking with the officers and then said we're done, thats when the confrontation went inside the house.

Both of my daughters readily tell anyone that(but was beaten with some sort of weapon by the officers) I did not swing or fight in any way against the officers. The girls were interveiwed by police before I was let out of jail and they asked them did you talk to john about what happened that day? , my oldest girl said "yes" "did he tell you to say something?" "yes" "he told me to tell the truth" I see no probable cause here I also think there might be a fourth amendment violation? oh and by the way I was on a perscription for ADHD of 1000 Mgs of depacote trust me it took any fight outa me....

Last edited by montana john; 03-29-2005 at 07:12 PM. Reason: paragraphs sorry I don't have perfect grammer
  #2  
Old 03-29-2005, 11:31 AM
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Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951

Edit again


Yo Montana...
edit again...
Throw in a few paragraphs.

Take out stuff instead of adding.

Ask a legal question.

Jeesh...
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #3  
Old 03-29-2005, 11:43 AM
seniorjudge
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Quote:
Originally Posted by montana john
What is the name of your state? Montana, I have a nightmare on my hands that started on a monday morning in July of last year. I was home watching the price is right when I heard a car pull up outside, I looked out the window and saw an officer leaning into his car and telling another officer "ok" "ready" then they came and knocked on the door and asked me to come outside to speak with them. I agreed and walked to the front of the police car where the officer who was leaning in his car earlier said to me(never once asked me for ID or Patted me down then later said they thought I was a probationer who was known to carry a 9 mm pistol, because dispatch had advised the van came back registered to the probationer) "What are you on probation for?" I asked is that what it says on your computer cause it is wrong, see jan 20 2004 wall street journal article about background checks....(had a false one) so then he asked "what if I told you someone had called and complained you were bothering them this morning?" to which I replied "don't know what to tell you" I've been here since about 8 am to which he said "well they gave us a license number that matches that van right there" "this just proves to me your nothing but a god**** bully" so I then said "so that's what you think huh?" we're done and I turned and walked back to my house as I got to the door (the officers say that one of them grabbed me and I dragged him in the house)one officer put his foot inside(later claiming he feared I was attempting to retrieve the mysterious pistol) as I closed the door(trapping his foot in the door) and after that all hell broke loose he was screaming "your breaking my f***ing leg" after they both pushed on the door till it was cracking I let off the door and was promptly beaten In front of my two daughters then charged with 7 offences from disorderly conduct, obstructing a peace officer, resisting arrest and 2 counts each of criminal mischef for allegedly tearing thier shirts, also the kicker 2 felony counts of assault on a police officer then promptly taken to jail where I was denied medical attention and left for an hour and a half in a jail holding cell with over tight hand cuffs on with a wrist cut from over tight handcuffs. I subsequently spent 3 months in jail for this and am now awaiting a hearing. Our local paper quoted a police spokesperson who said "it would have been one of those things where he would have been told to lay off the neighbors" but he turned a lecture into feloney charges, when he allegedly became violent while talking with the officers and then said we're done, thats when the confrontation went inside the house. Both of my daughters readily tell anyone that(but was beaten with some sort of weapon by the officers) I did not swing or fight in any way against the officers. The girls were interveiwed by police before I was let out of jail and they asked them did you talk to john about what happened that day? , my oldest girl said "yes" "did he tell you to say something?" "yes" "he told me to tell the truth" I see no probable cause here I also think there might be a fourth amendment violation? oh and by the way I was on a perscription for ADHD of 1000 Mgs of depacote trust me it took any fight outa me....

Q: I see no probable cause here I also think there might be a fourth amendment violation?

A: No and no.
  #4  
Old 03-29-2005, 11:46 AM
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Join Date: Dec 2004
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Umm


Quote:
Originally Posted by seniorjudge
Q: I see no probable cause here I also think there might be a fourth amendment violation?

A: No and no.

Q. Showing me up Judge?
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #5  
Old 03-29-2005, 12:59 PM
seniorjudge
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Quote:
Originally Posted by ENASNI
Q. Showing me up Judge?
It took me an hour and half to read that and I never did find out what happened on The Price Is Right!
  #6  
Old 03-29-2005, 01:21 PM
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Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951

oh


The middle-aged housewife that bear hugged Bob after winning the big spin got the Washer and Dryer Showcase and all expense trip to Peru...
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #7  
Old 03-29-2005, 07:14 PM
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Join Date: Mar 2005
Posts: 4

hhhhmmmm


so the police did nothing wrong here?
  #8  
Old 04-01-2005, 05:25 PM
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Join Date: Mar 2005
Posts: 4

hey judge?


when you say no and no do you mean no they had no probable cause and no there was no fourth amendment violation? just need a little clarifacation.....thanks
  #9  
Old 04-01-2005, 05:32 PM
absconder
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Buddy get the best lawyer you can. Check and see if these officers have any complaints filed against them,any departmental actions**************GET A LAWYER THAT KNOWS WHAT HES DOING!!
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