False arrest & harassment. Do I have a case

[MattS_303]

In January 2016 I was arrested and went to jail for disorderly conduct and resisting arrest. The cop had no reason to stop me in the first place. I've been stopped NUMEROUS times by this same cop for just walking home from 2012-2015. So now I'm out on bail. The day after released I called and made appointnent for the public defender that gave me his card and told me to call him when I got out. They wanted proof of income. I provided my unemployment income info. They told me I didn't qualify for a P.D. I called a lawyer she said she couldn't help me because I was out on bail. I don't have much evidence besides some holes in the police report and my word. There was one resident that said he seen lights and heard a comotion outside and he went out on his balcony and all he seen was me struggling with the cops while being arrested. The report says that the cop received info that "there were 2 'Hispanic' males in the middle of the street stopping traffic " but i wasnt with anybody. The cops stated in the report that I was with someone and when they rolled up we went separate ways. But they only came after me and never mentioned ANYTHING ELSE about this other person, not one thing. Just that they came straight for me. As I mentioned before this same cop has stopped me NUMEROUS times before saying he had reports of a suspicious person fitting my description. My question is why won't anybody help me? And can I sue this cop for harassment and false arrest?

 

[Shadowbunny]

In January 2016 I was arrested and went to jail for disorderly conduct and resisting arrest. The cop had no reason to stop me in the first place. I've been stopped NUMEROUS times by this same cop for just walking home from 2012-2015. So now I'm out on bail. The day after released I called and made appointnent for the public defender that gave me his card and told me to call him when I got out. They wanted proof of income. I provided my unemployment income info. They told me I didn't qualify for a P.D. I called a lawyer she said she couldn't help me because I was out on bail. I don't have much evidence besides some holes in the police report and my word. There was one resident that said he seen lights and heard a comotion outside and he went out on his balcony and all he seen was me struggling with the cops while being arrested. The report says that the cop received info that "there were 2 'Hispanic' males in the middle of the street stopping traffic " but i wasnt with anybody. The cops stated in the report that I was with someone and when they rolled up we went separate ways. But they only came after me and never mentioned ANYTHING ELSE about this other person, not one thing. Just that they came straight for me. As I mentioned before this same cop has stopped me NUMEROUS times before saying he had reports of a suspicious person fitting my description. My question is why won't anybody help me? And can I sue this cop for harassment and false arrest?

US law only.

 

[quincy]

In January 2016 I was arrested and went to jail for disorderly conduct and resisting arrest. The cop had no reason to stop me in the first place. I've been stopped NUMEROUS times by this same cop for just walking home from 2012-2015. So now I'm out on bail. The day after released I called and made appointnent for the public defender that gave me his card and told me to call him when I got out. They wanted proof of income. I provided my unemployment income info. They told me I didn't qualify for a P.D. I called a lawyer she said she couldn't help me because I was out on bail. I don't have much evidence besides some holes in the police report and my word. There was one resident that said he seen lights and heard a comotion outside and he went out on his balcony and all he seen was me struggling with the cops while being arrested. The report says that the cop received info that "there were 2 'Hispanic' males in the middle of the street stopping traffic " but i wasnt with anybody. The cops stated in the report that I was with someone and when they rolled up we went separate ways. But they only came after me and never mentioned ANYTHING ELSE about this other person, not one thing. Just that they came straight for me. As I mentioned before this same cop has stopped me NUMEROUS times before saying he had reports of a suspicious person fitting my description. My question is why won't anybody help me? And can I sue this cop for harassment and false arrest?

As Shadowbunny implied with her post, the name of your US state is important which is why that information is requested of all posters. Laws vary in significant ways from state to state (and especially from country to country).

If you are in the US, and you return to provide your state name, could you also provide answers to the following questions (with one question asked only because you felt this was an important fact to include in your post):

Are you an Hispanic male? When you were stopped and questioned by the police, were you disorderly and did you resist arrest? When stopped before by this same police officer, did the stops ever result in your arrest?

 

[MattS_303]

re:quincy

I live in colorado. Not Hispanic, the cops put me down as "W" white on the tickets. Wasn't disorderly, I was yelling at the cops to let me go home while they were arresting me, I was 30 seconds away from my home. I never was arrested for previous stops. But in the report the cop mentioned when they drove up, that he recognized me by name from previous encounters. He's been stopping me since November, 2012. Does it matter that they didn't try and stop the other individual? Which by the way, didn't exist, I was alone.

 

[quincy]

I live in colorado. Not Hispanic, the cops put me down as "W" white on the tickets. Wasn't disorderly, I was yelling at the cops to let me go home while they were arresting me, I was 30 seconds away from my home. I never was arrested for previous stops. But in the report the cop mentioned when they drove up, that he recognized me by name from previous encounters. He's been stopping me since November, 2012. Does it matter that they didn't try and stop the other individual? Which by the way, didn't exist, I was alone.

Thank you for providing the answers to the questions I asked, MattS.

You may not have an answer to the first question, but I would be interested in hearing what you think.

Why do you think you have been attracting the attention of the police since 2012?

Do you have a criminal history? Are you on probation?

If you were yelling at the police, and a witness said there was a commotion outside and s/he noticed you struggling with the police, the disorderly conduct and/or resisting arrest charges could be justifiable. Your arrest could simply be the end result of a call to the police reporting problems in the street. If you were the only one in the street when the police arrived, you just might have been in the wrong place at the wrong time (as a note: if as you say no other person "existed," the police would have had a difficult time stopping him ).

That said, I think you will need to find an attorney in your area to help you with these charges. The original report made to the police of two Hispanic males fighting in the street can work in your favor if you are not Hispanic and the police made note on their own report that you are white - but a disorderly conduct charge (CRS 18-9-106) and a resisting arrest charge (CRS 18-8-103) can be serious. And there is apparently a witness who saw you struggle with the police. Even when an arrest is clearly not justified, you should never fight with the police over it.

We have law enforcement officers and forum members from Colorado who can probably add some pertinent information, so wait for them to post.

Good luck.

 

[MattS_303]

re:re: quincy

Thank you for your response. I've had my Pre-Trial today. And made an appointment for a lawyer for tomorrow.

 

[MattS_303]

Re :re: Quincy's questions.

The only reason I can think of why this guy stopped me the first couple of times is because I have a mohawk and I'm walking in a "upper class" neighborhood. It's not all out there like a punk rocker. It's more of a short, "military" styled haircut (that's what I've been told). But after at least 6 months of being stopped 2-3 times a week by the same cop. One would think that he would know who I am and know that I'm just walking home from work. As for not fighting the cops, especially when one is INNOCENT. You should ALWAYS stand up for yourself and your rights. I'm not trying to sound negative or offensive. But it's that kind of thinking that allows corruption to continue. I will always fight against a corrupt cop. They have no right to treat people like that. So I guess what it comes down to is a matter of opinion. And to clear things up. The report was 2 people stopping traffic, no violence. And also they never mentioned that niether me or the other person ran off. They stated that one walked one way and one the other. Also they could have stopped him easier than stopping me. I was walking in a parking lot and the "other person" was reported walking down a side walk on the street. And the disorderly conduct was reported BEFORE I was arrested and yelling at them. Thank you again for your replies

 

[MattS_303]

One more thing I forgot to add

You asked if I was on probation or had a criminal record and the answer to both is sort of a yes/no. I was 28/29 yrs old in 2012 with no probation or a criminal background not even a traffic ticket. In Nov. I was put on unsupervised probation with 30 days if I did anything. This is why I believe this cop pulled me over. To antagonize me and provoke me to act out. In June/July 2015 I was done stopping for him and when he tried to stop me I just keep walking telling him "F-off! You have nothing on me, and no reason to stop me". I told him a few times I was going to press charges against him for harassment. He ceased his B.S. up until January 2016.

 

[Zigner]

You might want to think about moving.

 

[quincy]

The only reason I can think of why this guy stopped me the first couple of times is because I have a mohawk and I'm walking in a "upper class" neighborhood. It's not all out there like a punk rocker. It's more of a short, "military" styled haircut (that's what I've been told). But after at least 6 months of being stopped 2-3 times a week by the same cop. One would think that he would know who I am and know that I'm just walking home from work. As for not fighting the cops, especially when one is INNOCENT. You should ALWAYS stand up for yourself and your rights. I'm not trying to sound negative or offensive. But it's that kind of thinking that allows corruption to continue. I will always fight against a corrupt cop. They have no right to treat people like that. So I guess what it comes down to is a matter of opinion. And to clear things up. The report was 2 people stopping traffic, no violence. And also they never mentioned that niether me or the other person ran off. They stated that one walked one way and one the other. Also they could have stopped him easier than stopping me. I was walking in a parking lot and the "other person" was reported walking down a side walk on the street. And the disorderly conduct was reported BEFORE I was arrested and yelling at them. Thank you again for your replies

First, I am confused by your second response and the "unsupervised probation." You cannot just be put on probation for no reason at all, unsupervised or otherwise.

It is not a crime to be a bit of a jerk (which, from your description, is how it sounds you've been acting), and it is not a crime to shout at the police (although the use of obscenities in a public place could violate a city ordinance and shouting could disturb the peace of those around you).

BUT, there is a limit as to what you can do without risking arrest, and I think you have been pushing that limit (or perhaps the police officer has been pushing for it).

Your appearance is as you've chosen it to be and you must know that having a Mohawk in a conservative neighborhood will attract attention. Attracting attention is often the reason people choose to have Mohawks, face tattoos, odd piercings, pants that fall to their knees ... it makes sort of an anti-establishment statement. And that is okay, as long as you understand the type of attention you are apt to get from those who choose a more conservative way of presenting themselves to the world.

People are judged by their appearance on first meeting, because that is all anyone has to go by at first. Your appearance may tell people something positive about you (I, for example, admire the art work of some tattoos) or your appearance may tell people something negative about you (for example, pants to the knees tell me WAY more about a person than I want to know).

So ... you have that. The police and those around you are judging you by your appearance, rightly or wrongly. I think it was Chris Rock who said that he often got stopped by the police for "being black in a white neighborhood."

I disagree that you should ALWAYS stand up for your rights when you believe you are being arrested in error. Certainly you should not let anyone abuse you physically (sit on your head, strangle you, beat you up) but you should not fight a direction by the police to sit in the back of their car. You just shouldn't. It doesn't help you and, in court, your fight with the police is apt to get you in a position similar to the one you are in now - looking at a criminal record and, depending on the circumstances, possible jail time.

Okay, with all of that stuff said - I am glad you are going to line up a lawyer, to review the stop(s) and the arrest and to help you defend yourself against the charges. If the arrest was truly an unjust arrest and the police officer has been harassing you for some time and for no reason, the attorney will work with that and use it in your defense. I know there are unreasonable, even corrupt, law enforcement officers. We all read about them or hear about them on the news. Filing a complaint with their agency, or even a higher agency, is generally a better way to make changes in their behavior (or to have them removed) than to stand up to them on the street.

Again, wait for others who might have something to add. Good luck.


(late edit to add: Thanks for the friend request, Matt. It has always been my policy not to accept the requests but I appreciate the gesture. Sorry for my "jerk" comment. )

 

[HighwayMan]

As for not fighting the cops, especially when one is INNOCENT. You should ALWAYS stand up for yourself and your rights. I'm not trying to sound negative or offensive. But it's that kind of thinking that allows corruption to continue.

No, it's that kind of thinking that gets you arrested.

If you are truly being harassed then file a complaint and/or hire an attorney to sue the municipality involved. Acting disorderly in public will get you arrested and "harassed" even more.

Sounds like you have a big chip on your shoulder and with your lousy, confrontational attitude you're just looking for trouble.

 

[MattS_303]

Re: responses

Everyone seems to skip the part where I say I put up with this B.S. for 3 years before I started giving him attitude. And that I am filing a complaint.

 

[CdwJava]

All the officer needs to detain you (i.e. to STOP you) is what is termed, "reasonable suspicion." That means that all he needs to articulate is a reason to believe that you might be up to something criminal. This is a very low standard. What happens AFTER that contact can determine whether the encounter becomes something more. If the officer knows you, and knows you are on probation, a failure to stop can be enough to justify an arrest by itself! If he feels the need to search you as a condition of your probation, you do not have the right to resist or even object ... though, you could object, it would be useless.

And if you cop an attitude, he has the right to search you for weapons. if you refuse, resist, or do anything else that could be seen as resisting or obstructing him in the performance of his duties, that can lead to jail.

So, the odds of your successfully suing him for a detention or arrest is slim. But, if you have many thousands of dollars, you are free to try.

 

[LeeHarveyBlotto]

Everyone seems to skip the part where I say I put up with this B.S. for 3 years before I started giving him attitude. And that I am filing a complaint.

You did it backward. The complaint should have been filed prior to you losing your composure. That's how you stand up for your rights. Not on the street.

 

[Zigner]

You did it backward. The complaint should have been filed prior to you losing your composure. That's how you stand up for your rights. Not on the street.

What you left unspoken is that filing the complaint after the arrest just seems to be a retaliatory response to the arrest, not a response to several years of harassment.