long message, but please advise!

You are the most skeptical bunch of people ever. This shouldn’t be called “free advice,” but rather “free opinions.”

Anyway, I wanted to let anyone interested know that the day after I posted, the police department in question contacted me to inform me that they were performing an internal investigation regarding the circumstances surrounding my arrest. They asked for my assistance in filing a report. They were so helpful, kind, and courteous. It was explained to me that they have had a recent wave of procedural breaches within the department, resulting in charges against criminals being dismissed. They are really trying to crack down on this sort of thing. One of the officers on the scene filed a report with Internal Affairs saying that, in the case of my detainment, proper police procedure wasn’t followed.

I have no desire to file a civil suit against this police department because they really stepped up and took responsibility. I believe that the officers were trying to do the right thing… it was just that the ends didn’t justify the means.

[Shay-Pari'e]

Originally posted by wise to advise
What is the name of your state? Massachusetts

A few days ago, a domestic dispute arose between my boyfriend and I. I am an accountant, and with the crunch of “tax season” upon me, I fell asleep early on my boyfriend’s couch while watching television. As I slept, my boyfriend, who doesn’t drink in front of me because he is aware of how alcohol severely impairs his behavior, received a phone call to attend a party at the neighbor’s house. Despite better judgment, my boyfriend became severely intoxicated. When he arrived back to his house, I awoke and realized I was in a potentially volatile situation. I told him I was going to go home so as to avoid confrontation, but instead of defusing the situation, this suggestion set him off. He blocked the door and told me I couldn’t leave. I tried to talk logic into him; I tried to ignore him; I tried every rational thing I could think of, but he wouldn’t back down. In desperation, I said, “if I need to, I will call the police.” He responded with, “you want to call the police, go ahead,” and HE picked up the phone and hastily dialed 911. Realizing that he had done a stupid thing, he hung up right away. In the confusion, I was able to get through the door and outside. He ran out after me, jumped in front of my driver’s side door, making it impossible of me to leave. Enter – three cop cars, obviously there to investigate the 911 hang-up. They witness my boyfriend’s behavior towards me, and see that I am crying hysterically. Granted, he was being very emotionally abusive towards me, but he never physically touched me. The officers immediately tended to me as the victim: calling an EMT, giving me information on domestic violence programs, and questioning me about what had happened. My boyfriend became even more irrational and agitated, and began verbally insulting the cops and carrying on. I cooperated with the cops, and answered them honestly, but they kept trying to suggest that he had hit me or physically abused me. I insisted that he hadn’t, and he was just being a drunken ass. But, he continued to provoke the officers, and I could tell that they really wanted to stick it to him in some way. Suddenly, things turned- the officers that were being sympathetic and not the least bit suspicious towards me were suddenly slapping cuffs on me and saying I was under arrest!!! They were arresting my boyfriend at the same time, but their reasons for that were clear- even though he did not physically hurt me, I can see that they had probable cause. I asked right away what I was being arrested for, and they avoided answering at first. They gave responses like “we will discuss this at the police station.” They escorted me to the back of a cop car, and I was being cooperative the whole way, but before they pushed me in I spoke up one last time and said, “I know my rights. Please tell me why I am being arrested.” An officer finally spoke up, and offered “intoxication.” I was so far from drunk, and it was obvious. They had not even suggested before that I may have been drinking. And, regardless, I was on private property! I asked for a field sobriety test, and they refused to administer one! They told me to “shut up” and that they would “deal with me at the station” and then they threw me into the back of a cop car and proceeded to ignore all of my questions. At the station, they cuff me to this metal bar and process me. They continue to give me no clear reason as to why I was being held or what I was being charged with. They just read me my rights and question me not about my actions, but my boyfriend’s actions. It felt like if I didn’t say something to incriminate him they would never let me go. But, I held my ground and told the truth. I begged for a breathalyzer to prove I wasn’t intoxicated, and they finally administered one, after over an hour of being cuffed and questioned. I blew BELOW HALF OF THE LEGAL LIMIT. They didn’t take the cuffs off of me right away, instead they made a dramatic attempt at telling me that they cared about me, and how I was too smart to be with a lowlife like him. It was an obvious attempt at sweetening me on the situation, but it didn’t work.

Now, my boyfriend is being charged with assult and battery, but that is a whole separate matter and not necessarily part of my question. But, when the Assistant District Attorney contacted me today to let me know that they were pursuing those charges against him, I immediately requested a copy of the police report. The ADA refused, saying that they don’t do that, but he could discuss it with me. He didn’t disclose some details, so after our conversation, I looked into the Massachusetts General Laws, and pursuant with Chapter 209A, since I am the supposed victim of this domestic abuse, I am entitled to a copy at not cost. Also, since they arrested both of us, and dual arrest is STRONGLY DISFAVORED in domestic disputes, they are required to submit an additional detailed report setting forth the grounds for dual arrest. This situation felt not right from the beginning, but the more I learn, the more I feel that my civil liberties have been infringed upon. I was detained for hours without proper explanation, I had to miss work during a very critical time due to the arrest. If anyone finds out, I could lose my job, and my reputation. I can’t even sleep at night because this whole situation have me so worked up. I have never had so much as a speeding ticket before, and now this! I am grateful that no charges were pressed, but I am scared by the notion that the police infringed upon my rights. Please, let me know if you feel this is worth pursuing further. I feel that this is definitely a false arrest situation, but am I missing something?

Persuing what? 911 was called, officers showed up, your drunk boyfriend is now your best friend. How the heck do the cops know what is going on ?

I would say lose the boyfriend, but I don't think you will get that concept.

Persuing false arrest.

I never acted like he was "my best friend" to the officers. I was furious with him. But, I wasn't about to lie and say he hit me when he didn't. I was completely cooperative with the officers, and the Assistant District Attorney said the police report stated that.

Don't be condescending. I am no longer with him, but that is of absolutely no relevance.

[Shay-Pari'e]

Originally posted by wise to advise
Persuing false arrest.

I never acted like he was "my best friend" to the officers. I was furious with him. But, I wasn't about to lie and say he hit me when he didn't. I was completely cooperative with the officers, and the Assistant District Attorney said the police report stated that.

Don't be condescending. I am no longer with him, but that is of absolutely no relevance.

(QUOTE)
But, when the Assistant District Attorney contacted me today to let me know that they were pursuing those charges against him, I immediately requested a copy of the police report. The ADA refused, saying that they don’t do that, but he could discuss it with me. He didn’t disclose some details, (QUOTE)



They are correct, the DA does not do that, but you can get a copy of the report from the police station. Once you get the report you can argue with that.

[dequeendistress]

If you were asleep on the couch and the boyfriend went to the neighbors as to not drink in front of you...what did you register on the BAC test...(the reason I ask is that the post IMPLIES the OP does not drink or has an aversion to alcohol.

Are you positive this situation with the police is the ONLY contributing factor to your insomnia?

You are 110 percent positive you gave no probable cause for arrest and that the officer(s) maliciously treated you...keep in mind the 911 call...and any other details you are aware of and did not disclose...

[n_and]

What is it that you want to hear? That you have a civil suit? You don't. For the simple fact that 911 was called, hung up on, and then the officers get there and deal with a whole bunch of fecal matter is precisely the reason you were brought in.

Were you charged with anything? From what I read, no. All they did was give you a BAC test, you passed, they realized you weren't drunk, and let you go after trying to talk some sense into you. DV calls frequently result in both parties being lead away. Yes it sucks that you were treated like a criminal, but how are they supposed to know you're not considering the mess they walked into? False calls to 911 are not taken lightly.

Were you charged with anything?

[dequeendistress]

I begged for a breathalyzer to prove I wasn’t intoxicated, and they finally administered

So if this statement has an ounce of truth then the officer's did not suspect that this woman was drunk....(or did they)

I am wondering about the poster's demeanor during this escapade.

[n_and]

I am wondering about the poster's demeanor during this escapade.

Exactly what I was thinking.

[JETX]

Okay, lets cut to the bottom line.... You're simply NOT telling the truth or the full story.

Your own post says that the police called the EMT. They simply would NOT do that unless there was some evidence of physical injury. They don't call the EMT to wipe away tears.
So, if there was sufficient cause for the police to call EMT to treat you, that is enough on its own to justify his arrest.
Simply, no cause of action for false arrest exists.
Any other charges that he faces due to HIS conduct towards the officers is clearly his fault.
Done..... can we all go home now??

I went home at "A few days ago, a domestic dispute arose between my boyfriend and I. "

[dequeendistress]

Jetx she is implying the false arrest occurred when the police arrested her...although I agree with you 200 %

[JETX]

Sorry, got too tired of reading the L-O-N-G and excessively boring post and just jumped to the end......

And in my embarassment, I reluctanty took the time to read all of this 'tale of woe' and offer the following:
"pursuant with Chapter 209A, since I am the supposed victim of this domestic abuse, I am entitled to a copy at not cost."
*** Not if YOU are part of the PROBLEM!!! The free report only goes to the 'innocent' VICTIM!! Which you are clearly NOT.

"Also, since they arrested both of us, and dual arrest is STRONGLY DISFAVORED in domestic disputes, they are required to submit an additional detailed report setting forth the grounds for dual arrest."
*** Again, you fail to understand. That ONLY applies if both subjects are arrested for 'domestic violence'. You were arrested for a separate charge.

"This situation felt not right from the beginning, but the more I learn, the more I feel that my civil liberties have been infringed upon."
*** Not according to the contents of your post.

"I was detained for hours without proper explanation, I had to miss work during a very critical time due to the arrest. If anyone finds out, I could lose my job, and my reputation."
*** Gee, should have thought of that BEFORE you were arrested, huh??

"I can’t even sleep at night because this whole situation have me so worked up."
*** Take a few shots of good Scotch before you go to bed..... works wonders!!

"but I am scared by the notion that the police infringed upon my rights."
*** Exactly what rights were 'infringed' and how??

"Please, let me know if you feel this is worth pursuing further."
*** Simply, no one can answer that without reviewing the police report to see if charges should be pursued against you.

"I feel that this is definitely a false arrest situation, but am I missing something?"
*** No its not. Yes you are.

[n_and]

Take a few shots of good Scotch before you go to bed..... works wonders!!

Get yourself a nice bottle of Dewar's Whiskey...mmmm.

[dequeendistress]

Originally posted by n_and
Get yourself a nice bottle of Dewar's Whiskey...mmmm.

Please remain in the home if you opt to take this advice, as you, like the boyfriend, may suffer adverse effects due to alcohol consumption...

[n_and]