Can Police Come Into my house...

[bmvanlieshout]

What is the name of your state? Wisconsin

I had a bench warrant out for my arrest, and the police in my small town saw me and my wife pull up in the driveway, I seen them and went directly into the house as my wife tried to get the kid's out of the car.. They told her to open the door or they would arrest her for obstructing justice. She said no.. They then lifted her arm behind her back up to her shoulder and that is when she let them into my house to arrest me... My question is can they do that? I though of excessive force but I don't know if that was this case? I was wanted for misdemeanor theft. Thanks for any input..

[BelizeBreeze]

Originally Posted by bmvanlieshout

What is the name of your state? Wisconsin

I had a bench warrant out for my arrest, and the police in my small town saw me and my wife pull up in the driveway, I seen them and went directly into the house as my wife tried to get the kid's out of the car.. They told her to open the door or they would arrest her for obstructing justice. She said no.. They then lifted her arm behind her back up to her shoulder and that is when she let them into my house to arrest me... My question is can they do that? I though of excessive force but I don't know if that was this case? I was wanted for misdemeanor theft. Thanks for any input..

She was obstructing their apprehension of a criminal. Your damn right they can. And the next time your wife tries to get cute tell her to think about where the children will be spending the night while she's playing games.

[CdwJava]

There are two parts to this question:

Can they follow you into the house after they saw you to arrest you on the warrant? Yes.

Can they twist your wife's arm? it depends on WHY. They cannot inflict pain for no purpose. Placing her in to a control hold in order to gain compliance to lawful orders (custody, detention, etc.) is perfectly lawful. if she was trying to pull away or to get away from the officers they might have done this to take her under control.

If she was injured she can see an attorney or file a claim with the city.

- Carl

[bmvanlieshout]

thanks for the info... But why did they need her permission in the first place to open the door? She was not fighting the police.. She just stood in the driveway and she wouldnt let them in.. that is when the officer moved toward's her and took her arm up over her shoulder.. My neighbor seen the whole thing. So she was not fighting with them she was just trying to stay out of the way.. But I do appreciate the info...

[BelizeBreeze]

Originally Posted by bmvanlieshout

thanks for the info... But why did they need her permission in the first place to open the door? She was not fighting the police.. She just stood in the driveway and she wouldnt let them in.. that is when the officer moved toward's her and took her arm up over her shoulder.. My neighbor seen the whole thing. So she was not fighting with them she was just trying to stay out of the way.. But I do appreciate the info...

Did you ever think that maybe they didn't want to break down the door?

[bmvanlieshout]

Originally Posted by BelizeBreeze

Did you ever think that maybe they didn't want to break down the door?

Ya it hit me after you said it. The warrant was for a crime over the internet. (Don't take med's) Some young punk tried to say I traded my pc for his laptop and didnt send the PC. Yet when the Officer who wrote the first report (which led to the warant) saw all the email's of him saying thanks for the pc, and the return receipt from UPS etc.. Yet he still went ahead saying I didnt come through on my half. I mean it is all over now I was aquited because I proved that I sent him the pc.. Small town cops I guess have nothing better to do? Again thanks and sorry for not thinking about the not wanting to break down the door? Old fart syndrome i guess.

[CdwJava]

Originally Posted by bmvanlieshout

Small town cops I guess have nothing better to do?

One of their jobs is to serve arrest warrants ... I suppose they could always sit at the office waiting for people to surrender.

Whether how they dealt with your wife was appropriate or not, I can't say (as I don't have their version of events), but if you think that it is NOT part of their job to arrest people with warrants, you are sadly mistaken.

- Carl

[Curt581]

Originally Posted by bmvanlieshout

I mean it is all over now I was aquited because I proved that I sent him the pc.

If it was so minor... why were you acting like someone from America's Most Wanted?

Small town cops I guess have nothing better to do?

Yeah, they probably do.

They could DO that "something better" if certain people would show up for Court when they're supposed to, instead of getting slapped with bench warrants.

[bmvanlieshout]

Originally Posted by Curt581

If it was so minor... why were you acting like someone from America's Most Wanted?


Yeah, they probably do.

They could DO that "something better" if certain people would show up for Court when they're supposed to, instead of getting slapped with bench warrants.

Ther was no court date..the officer said he didnt know where I lived.. Yet he was in my house 2 times asking questions and collecting my email's and UPS tracking number's..So by him saying he did not know where I lived the warrant was just put out, without a court date... As why run? Was a response.. I didnt run I just walked into the house. Hell didnt want to go to jail for somthing I knew I didnt do... And had proved it to an officer of the law!!

[CdwJava]

A warrant is issued by a judge. It generally has language similar to, "All peace officers within the [name of state and jurisdiction], you are hereby commanded to take in to custody the person of [insert name] ..."

It is a judge's order. Even if the officer believes you to be innocenct, apparently the DA thought otherwise and presented sufficient cause to a judge so that he issued an arrest warrant.

Additionally, a warrant does not have a court date on it. You get that later.

A person can flee from the detention or custody by walking just as he can by walking. You saw they were cops, knew they were coming for you, and intentionally walked (aka "fled") into the residence.

Walking away from it wouldn't make the warrant go away.

- Carl