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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 04-28-2007, 05:19 PM
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Failure to Id, filling false report and generally pissing off a sergeant. Oh my!


What is the name of your state? Michigan

I'm not sure what I should do at this point, as I think my actions in the last 2 days might get me arrested. Sorry for the longish post, but i want to make sure that i get the whole thing down so you can get as complete a picture as possible.

From the beginning:
-Friday morning 4am:
A detective comes to my place of employment and asks to see the log book to check for a suspect he is looking for. I ask him to provide a name and that I would give the registration card for him. I tell him that I cant give the log book since it contains names of other people who haven't done anything.

A bit of arguing on both sides about what I should or shouldn't do, I tell him that he isnt a detective from the city the business is in. The detective goes outside and talks to a police officer from my city and both of them come back in side. I explain to the police officer that I'm willing to go further and provide all cards with the same first name as what the detective is looking for, however I can't give him the log book. They tell me that that isn't possible as even giving me the first name might compromise their investigation.

At this point the two of them had enough and are about to leave. The detective ask for my name and phone number. I write the phone number of the business down and start writing my nickname down (what i generally use, as my real name is hard to pronounce). When i tell him this, he tells me to provide my real first name. I tell him that I was under no obligation to do so, as I had not committed any crimes. At this point he mumbles something and leaves with the police officer.

-Saturday 2am:
4 people enter the lobby. My mom is talking to them, I look at them through the video surveillance monitor and see that they had brought a big bag with something heavy and that at least one of them had a gun. The 4 people were all detectives/officers from the city across the street. One of them being the detective from the night before. I enter the office to be with my mom.

They hand a search warrant through the bullet proof window. I read the first few lines of the warrant and am confused as to why they haven't brought a police officer (or detective) from my city to serve the warrant (too much law and order??).

I tell them I'm going to call 911 to find out what is happening. While calling they start to get agitated. i tell the operator that there are 4 men with guns in my lobby, as i finish those words it starts to go ape **** all over the place. Things start happening way to fast at this point. I'm telling the operator that they are trying to come inside, they are are telling us that they are police officers, ... At the same time they pull out a battering ram and start shouting that they are coming in one way or another. My mom tries to give them the log book, they say they are coming in the office behind the bullet proof glass. I tell the operator that I'm not sure whats happening, and to send police officers as quickly as possible. The 4 of them come towards the bullet proof glass door and re-show the battering ram. At this point my mom tries opens the doors, while the operator is telling me that she thinks that they are indeed officers from the other city and that she was sending officers over. A lot of things were said on either side of the glass, I think i got most of what was said above.

At this point the detective from last night tells me that I had filed a false police report and that i was going to jail (or something to that affect). He starts talking to my mom and dad about getting the log book and all registration cards for the last few days, as the warrant allows them to. Officers from my city come and basically talk for a few minutes with the officers/detectives and leave.

While in the inner office, the detective calls someone (I'm assuming the DA?) and tells him what i had done and ask him(?) whether i could be taken in. I'm guessing he said no as i was not arrested then and there. While the detective was with my mom, I'm talking to the other officers/detective in the lobby. We converse for about 10/15 minutes, the situation drastically calms down and I apologize to the them and they seem to take in stride. The detective from last night comes in while I'm apologizing shaking hands with the other three and says something like, don't be too quick to accept his apology, I'm going to run this with a few people. I'm assuming that he really wants me to get arrested for making things more complicated than they should have been. Towards the end, they get my ID from me and copy my information down. At this point I'm not going to argue with them and just hand it to one of the officers to copy it down.

After about 30 minutes, they have everything they came for and leave. Now my concern is that in the next few days (maybe even tonight), I'll be arrested for either not providing my Id the first night, or for filing a false report by calling 911 and saying there were 4 people with guns in the office, or may be for something else entirely. Am I driving my self paranoid? Is there anything at this point that I can do to make sure that I don't get arrested. Should i contact the DA and discuss this matter? We have video surveillance of both nights and don't know if it would be worth it to go to the DA with them.

Thanks for making it to the end of this long post. Thanks in advance for your input also.

epic
  #2  
Old 04-29-2007, 08:33 AM
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Quote:
Originally Posted by epic View Post
\
A detective comes to my place of employment and asks to see the log book to check for a suspect he is looking for.
Is this a hotel? If so, you're wrong. Most jurisdictions specifically require you to keep and disclose to the police the registration information on demand.

Quote:
When i tell him this, he tells me to provide my real first name. I tell him that I was under no obligation to do so, as I had not committed any crimes.
Chortle, also incorrect.


Quote:
They hand a search warrant through the bullet proof window. I read the first few lines of the warrant and am confused as to why they haven't brought a police officer (or detective) from my city to serve the warrant (too much law and order??).
Not required. The judge presumably had jurisdiction and that's all they need. Bringing in local police is just a courtesy to the local police.

Quote:
I tell them I'm going to call 911 to find out what is happening. While calling they start to get agitated. i tell the operator that there are 4 men with guns in my lobby,
You knew they were police. You have now committed a crime.

Chances are if they haven't bothered to arrest you now, they probably aren't going to. Things cool off with time.
  #3  
Old 04-29-2007, 11:30 AM
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And if the suspect the police were looking for committed another crime while you were obstructing the investigation?
  #4  
Old 04-29-2007, 11:43 AM
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Quote:
Originally Posted by FlyingRon View Post
Is this a hotel? If so, you're wrong. Most jurisdictions specifically require you to keep and disclose to the police the registration information on demand.


Chortle, also incorrect.



Not required. The judge presumably had jurisdiction and that's all they need. Bringing in local police is just a courtesy to the local police.


You knew they were police. You have now committed a crime.

Chances are if they haven't bothered to arrest you now, they probably aren't going to. Things cool off with time.



This just happened on Saturday morning...I would say if he makes it through the next week or so he may be able to breath easier. But I would bet that The officer is gonna run this by the DA on Monday morning...
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  #5  
Old 04-29-2007, 12:59 PM
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Quote:
Originally Posted by epic View Post
I'm assuming that he really wants me to get arrested for making things more complicated than they should have been.
As well he should. I can't fathom why you chose to act in the way you did.
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  #6  
Old 04-29-2007, 12:59 PM
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Just WHO were you trying to protect? They came with a SEARCH WARRANT!

Hire a lawyer, plead ignorance, and pray that you only get off with a slap on the wrist.

next time, let them see what they want ... it'll save you money and heartache.

- Carl
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  #7  
Old 04-30-2007, 01:31 PM
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I don't see how there's probable cause for a charge of making a false police report due to his phone call to 911. He made a good-faith effort to ensure his safety as well as the safety of others when calling 911--he told the 911 operator that the men had guns and were saying they were police officers.
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  #8  
Old 04-30-2007, 01:42 PM
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I think the argument could be made because he KNEW these were officers:

"The 4 people were all detectives/officers from the city across the street. One of them being the detective from the night before."

I doubt the state would worry about the false report to the police and simply use it as an element of a charge for obstructing, delaying or resisting the police. But, anything is possible.

- Carl
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  #9  
Old 04-30-2007, 07:17 PM
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I'm not sure I'm 100% on your post - for example, what kind of business are you in?

That said, by your post, those officers sound like asswipes on a power trip.

I don't see that you've done anything wrong, but as far as whether they'll be back again -- the law's only as good as those who enforce it.

If they went to the trouble of showing up at 2am with a battering ram, they sound like the kind to hold a grudge.
  #10  
Old 04-30-2007, 07:46 PM
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When people obstruct a criminal investigation, cops get cranky. They came to the hotel looking for a suspect and got stonewalled. So, they obtained a warrant and came back only to find additional stonewalling.

When I'm looking for a suspect, and I get delayed by someone who may be protecting someone, I get cranky, too. Whether he'll be charged with a crime, who knows.

- Carl
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  #11  
Old 05-08-2007, 03:52 AM
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your a total ass for doing what you did.....your luck they dont throw the book at you. why would you not cooperate with an ongoing investigation?another thing is they handed you a search warrant...duh! you made so much trouble for your family that didnt need to be.
  #12  
Old 05-08-2007, 11:22 AM
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Quote:
Originally Posted by CdwJava View Post
When people obstruct a criminal investigation, cops get cranky. They came to the hotel looking for a suspect and got stonewalled. So, they obtained a warrant and came back only to find additional stonewalling.

When I'm looking for a suspect, and I get delayed by someone who may be protecting someone, I get cranky, too. Whether he'll be charged with a crime, who knows.

- Carl
I understand that. When I'm obstructed from doing my job, I get cranky too. But it's a mistake to take it personally, or to retaliate against people who may only be trying to do their jobs, if perhaps imperfectly. For one thing, you wind up alienating people who may be in a position to help you, later on.

To my understanding, this guy was not being unreasonable; he offered to compromise. Perhaps the compromise was unreasonable, or unworkable, but it's not like he just said, "Go eff yourselves."

These were his private business records, after all. He could turn them over just for the asking, I suppose. But I don't think he's under an obligation to do so.

Taking a battering ram to this guy's place of business was a mistake, imo.
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