False witness/fake name

[hassled65]

What is the name of your state? IN

Police arrested me for a felony firearm offense based on the eyewitness statement of two people, a mother and son. I am now finding out that the mother has a lengthy criminal history and gave a false name the night of the arrest. Both of these thuggy people failed to show up for a deposition and the case was dismissed. The cops didn't ask this woman for ID and she gave a fake name. It was my word against theirs. And I denied it because it was all lies. Cops took me to jail anyway.
What is police procedure for collecting info on witnesses in such cases? The only "probable cause" was their statements. Is this enough?

Thanks

 

[AmosMoses]

Well, if they dropped the charges, isn't the matter settled?

 

[hassled65]

Well, if they dropped the charges, isn't the matter settled?

Well...I'm out about three grand in bail and legal service costs. I felt the sincere need to move out of my home because of these people who were the real criminals and meant me real harm. I moved into a rental property and I am selling my house...As far as the state VS me...yes, it's over. As far as my continued interest in what happened to me...not settled.

 

[AmosMoses]

I felt the sincere need to move out of my home because of these people who were the real criminals and meant me real harm. I moved into a rental property and I am selling my house

????????

What is police procedure for collecting info on witnesses in such cases?

They ask them.

The only "probable cause" was their statements. Is this enough?

Evidently so.

 

[hassled65]

I have left out some details but that's because my question is pretty straight forward. I mean, if I call a cop and claim a crime has been commited and they pursue charges based on what I said, don't they have to verify just who the heck I am claiming to be?
But...there's more to this story. I had asked the police for help after these people began harrasing and intimidating me, police were called many times on them but nothing was done until I was arrested.

 

[hassled65]

nighty night

Okay, the Sandman cometh...but if anyone has comments on this, I would love to read them. If any police officers are on here, I would like to hear their procedures regarding witnesses. Ya know, they filed a no contact order on me with a fake name as someone I was not to contact.

 

[hassled65]

Still looking for answers...thanks

 

[outonbail]

Ya know, they filed a no contact order on me with a fake name as someone I was not to contact.

Kind of redundant don't you think? If this person you are to have no contact with doesn't exist, you should easily avoid violating the order. Of course, you will have a difficult time getting them served papers for a civil action.

police were called many times on them but nothing was done until I was arrested.

The police don't like being called time and time again over some petty allegations or sour grapes. Like the little boy who cried wolf, they have more important issues to deal with.

I have left out some details

I'm sure that everyone here, upon reviewing you post, was aware of this.

Still looking for answers...

What answers? Is it illegal to make a false report to the police? Yes it is. But whatever the whole story is in your case is anyone's guess. The police must have had some reason to believe that you committed a crime. Do you own a gun? Did the arresting officers locate one or confiscate one on the night they hauled you off to jail? Have you purchased one recently or did any other neighbors overhear you threaten to use a gun on these neighbors that you called the police on so many times without getting the results you wanted? Do you suffer from any mental health issues? Is there any negative premises history that the officers are made aware of whenever they are dispatched to your home?

See, there's too many things that do not add up and too many other details that would have to be known in order to provide any response concerning the probability of you recovering damages in civil court from this wacky version of the Hatfields and Mc Coys.

 

[hassled65]

See, there's too many things that do not add up and too many other details that would have to be known in order to provide any response concerning the probability of you recovering damages in civil court from this wacky version of the Hatfields and Mc Coys.

But I didn't ask if I can recover damages. I asked if there was a general police procedure for collecting names of witnessses.

 

[outonbail]

I guess one of the police officers here would be best to answer that. How about it Carl?

Simply going by experience, whenever I have found it necessary to call for police assistance, when they were taking names for their report they generally ask you for the information and you can respond orally or I would usually hand them my drivers license. I only did this because it was easier for them to copy the information they needed off my license than it was to spell everything out for them. If an RP isn't acting suspicious I don't see where the officer has any reason to suspect their not being truthful with the information they provide. Plus when you make phone contact, the dispatcher has your name and address from the identification that comes up when you dial 911. They usually verify this by asking as well. So I can see where they
would collect names by simply asking and not necessarily require identification of the reporting party. I would imagine they request identification from a suspect as a rule since they may have a reason to lie when questioned.

Also, most police agencies have what they call a "premises history". This is flagged information that comes up when they enter certain addresses in their computer system. It serves to advise responding officers of any particulars they need to be aware of at the location they are heading to. It may be that the residents are deaf, or that a very large person efficient in Marshall Arts who hates the police and has been known to become violent resides at the location they are heading to. Or that the person is a habitual caller and what is sometimes referred to as a 5149 and 1/2 subject.

So it is most likely numerous conditions that dictate what the officer asks for in the way of identification from an RP, or responsible party/reporting party. If someone were to make a false report and the officers discovered this, they would be much more hesitant to take their word as fact in the future. But if they receive a call from someone who isn't a habitual cop caller and this person acts responsible, doesn't seem evasive when answering questions and they are responding to their home or business, I would think they have a duty to believe the person is being truthful, without having to check their identification, until they discover otherwise.

BTW, I asked if you had a gun and if the officers confiscated one from you, which I'm betting is the case. This would then add credibility to the RP's claims.

 

[hassled65]

BTW, I asked if you had a gun and if the officers confiscated one from you, which I'm betting is the case. This would then add credibility to the RP's claims.

Thanks for the info. I was a habitual cop caller. I called for increased patrols all the time. It's very interesting that my house may be "flagged".
Cops DID NOT confiscate any weapon. They asked me if I had any guns and I responded that I did'nt believe that I was required to tell them that info. They became more insistant that I name off the guns I owned. Eventually, I did. This all happened at my doorstep. This was before they Mirandized me. In their deposition they claim not to have questioned me at all. Once they mirandized me, they tried to get me to confess, which I didn,t because it was all lies. These cops were intent on taking me to jail no matter what I told them about my previous experiences with these neighbors.
It started when I called the city on their growing collection of junked autos. Once the city fined them and then the intimidation began. One day they pulled up in front of my house as I was exiting my car. They had masks over their face and I had my infant son in the car. I did not know what to do. Finally they got back into their car and siad "I'll be back, B#tch". I called the police and made a report. This report says that I was in fear for my life. These guys made good on their word. Later that night, I returned home with my infant son and within 15 minutes, two of these people were pounding at my front door. I looked out the front window and one of them had a gun in his belt. I snatched up my son and put him in the bathtub. I was online (dialup) at the time and had to shut off the computer in order to call 911. By the time they got there, these guys were gone. Cops searched their house and gave me the "theres nothing we can do" claim. They didn't make a report. One month later I come home and find one of them on my front porch. I told him to leave my property and he began arguing with me. I finally just went into the house and locked the door. Cops were at my house 10 minutes later with the claim that I put a gun to this guys head. This DID NOT happen.

 

[outonbail]

Well, most likely, the person claiming that you pointed a gun at them was questioned as to the type of gun and any description they could provide. If they said it was a blue semi auto with a big bore, and then you told the officers you owned a colt 45 acp, it would make the reporting party's statement credible. How else would they know what type of gun you own if they had not seen it?

I suppose it's possible that this person could have known what type of gun(s) you own, through a mutual friend etc., then they could have used the information to set you up. Because it is more than likely that this person was able to describe the gun you told the officers you owned, as being the same one that was pointed at their head. This would have given them enough reason to arrest you for the offense.

 

[AmosMoses]

If police officers are going to err, they are going to "err safe"; they are better off arresting you than not, just in case you shot both of your neighbors (the complainants) as soon as the officers leave. (I know, I know, you "were not gonna shoot them!!!", but these officers have absolutely no way of knowing this one way or another!). I mean, if these charges wind up being legit or fraudulent, weak or strong, proper or improper, that should come out in the wash of the judicial system. If these officers, however, did NOT charge you, and you kill these people shortly thereafter, they'd never be able to defend not taking these people's statements and acting immediately on it. Keep in mind, also, that you say it was "two people" who reported this, another measure of credibility....sure, two people can lie...hell, a million can! But, two people saying the same thing are one, saying that something happened, and two, corroborating each others statements.

So, as to your question as to what the proper procedure is as far as taking a complaint and acting on it, the procedures vary...however, I am EXTREMELY confident that these officers followed procedure here, especially considering that they were brought in amongst this already boiling, big pissing match between neighbors.

...As far as the state VS me...yes, it's over. As far as my continued interest in what happened to me...not settled.

I would just forget all this. You no longer live near these people, your criminal charges were dismissed, and even at best you have essentially no case for damages against these officers.....if you honestly, and I do mean honestly and objectively, put yourself in these officers' shoes, you will readily see that they did all they could do under the circumstances, especially considering the voluminous calls already made on this fued.

 

[hassled65]

Thanks for the advice. I intend to move out of the major metro area as soon as possible. My only objection to the responses was the term "feud". These were gang-banging scary criminal thugs who would walk down the street drinking booze out of brown paper bags and intimidate me with guns. As was written in one of the police reports...I was in fear for my life.

 

[AmosMoses]

My only objection to the responses was the term "feud".

Well, that was the closest applicable term I could think of right off for "ongoing argument", or whatever.