false arrest

[mikeshe]

What is the name of your state? california
My wife and i were having a party with friends one night and my wife got mad and slammed a couple of doors. a few minutes later we all went to bed . I recived a phone call about 20 minutes latter and the caller had hung up.I thought it was my daughter so i called her. A few minutes later i got a knock on the door and it was the sherrifs dept. This was at about 4am. I was still talking to my daughter at the time.
To make a long story short , the officer asked if he could come in and i told him no not without a warrant or probable cause. Needless to say this pissed him of and he grabbed me by the throat and threw me up against my entertainment center as i was yelling for my wife.
He handcuffed me and set me on my front porch and came back in to talk to my roommates about a domestic violence. My wife and my roommates told him there had been no argument or fight.
At that point he came outside and informed me i was being arrested for resisting arrest.I got rather verbally abusive at that point as did my wife and roommates. We all ended up being arrested for no other reason than this officer was a total jerk
I could keep going for quite some time but im not sure how much room i have on here.
The officer claims i made an aggresive mood towards him in his report but says (i made an agressive move and stepped back into the house and tried to close the door before he subdued me.
What can i do


Mike

 

[I AM ALWAYS LIABLE]

What is the name of your state? california
My wife and i were having a party with friends one night and my wife got mad and slammed a couple of doors. a few minutes later we all went to bed . I recived a phone call about 20 minutes latter and the caller had hung up.I thought it was my daughter so i called her. A few minutes later i got a knock on the door and it was the sherrifs dept. This was at about 4am. I was still talking to my daughter at the time.
To make a long story short , the officer asked if he could come in and i told him no not without a warrant or probable cause. Needless to say this pissed him of and he grabbed me by the throat and threw me up against my entertainment center as i was yelling for my wife.
He handcuffed me and set me on my front porch and came back in to talk to my roommates about a domestic violence. My wife and my roommates told him there had been no argument or fight.
At that point he came outside and informed me i was being arrested for resisting arrest.I got rather verbally abusive at that point as did my wife and roommates. We all ended up being arrested for no other reason than this officer was a total jerk
I could keep going for quite some time but im not sure how much room i have on here.
The officer claims i made an aggresive mood towards him in his report but says (i made an agressive move and stepped back into the house and tried to close the door before he subdued me.
What can i do

Mike

My response:

You said, "What can I do(?)"

"Do" about what?

Would you care to write a cogent, specific, question?

IAAL

 

[stephenk]

how drunk were you when the officer was speaking with you?

 

[racer72]

Re: Re: false arrest

You have a right to a copy of the police report,

Wrong. What you need is a lawyer. Only when and if charges are filed would the officer's report become available. Then your lawyer could subpeona the prosecution for the evidence against you.

So the simple answer to your unpuncuated question would be call an attorney asap.

 

[Bravo8]

Not having all the facts, it sure is hard to make any determination about your situation and the appropriateness of the officer's actions.

However, you say everyone was arrested for bo reason other than the officer being a jerk. That is incorrect. While the officer may have been a jerk, your friend's and wife were arrested for their conduct.

1. They (and you) were acting disorderly (Disorcerly Conduct, Public Nuisance, etc).

2. Depending on the extent of their interference, they may have been interferring with a public official.

Arguing and fighting with the police at the scene is always a bad idea. The street (or in your house/yard) isn't the place to resist. Take your case to the courts, your attorney, and possibly the officer's supervisors.

The officer may have been a real jerk, but you weren't much better (from your own admission).

 

[okymon]

Call an attorney if you haven't already done so. Your case intrigues me, as do most search and seizure cases. BRAVO, I am not certain about CA. But in most jurisdictions, disorderly conduct must occur in a public place. The inside of a person's home would certainly not fall into that catergory. Just a thought dude, er..dudess?

 

[TalulaRae]

"My wife and i were having a party with friends one night and my wife got mad and slammed a couple of doors. a few minutes later we all went to bed . I recived a phone call about 20 minutes latter and the caller had hung up.I thought it was my daughter so i called her. A few minutes later i got a knock on the door and it was the sherrifs dept. This was at about 4am. I was still talking to my daughter at the time.
To make a long story short , the officer asked if he could come in and i told him no not without a warrant or probable cause."


Okay, so at about 3:55 am your wife gets pissed off and slams a couple of doors. After that, a mere 2 to 3 minutes after the slamming occurred, you, your angry wife and the party guests and your roommates (I am assuming that you have roommates in addition to wife) all went to bed. Phone rings at a little after 4 am in the morning, it's a hang up and you assume it is your daughter. Why? You call your daughter and start talking to her? Where is daughter? Why is she still awake at this hour? Sheriff’s knock at your door and officer asks if he can come in to your house and you say no. You feel he needs a warrant or probably cause. What have you got to hide that he might see at 4 am? And can't you see why an officer might want to take his business, and your’s, off the front porch or hallway of your apt. building? It's 4-4:30 in the morning, he is there for a domestic violence call from a complaint made by a neighbor who is probably sick of all your party's and your wife’s ranting and raving and your daughter coming and going all hours of the night...

maybe

 

[HomeGuru]

Do you folks realize that this is an OLD thread from 3/24/2004?

 

[TalulaRae]

Do you folks realize that this is an OLD thread from 3/24/2004?

Hmmm I wonder what ever happened to the guy and his wife and the roommates, the party-goers, the daughter and the mean, nasty cop???

No, I didn't even pay attention to that little detail, thanks!