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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 09-29-2005, 03:25 AM
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need some legal advice


What is the name of your state?Kansas

Today the cops come over to my house because there was a call of some shots being fired. The neighbors i guess told the police that they had come from my residence, even tho they didnt see it with there own eyes. My mother also lives with me shes 50 years old. See just gets off of work when she sees our parking lot full of police officers. they pull her out of her car which was totally uncalled for and proceeded to follow her up to the house, well they get everyones information who was living her. I gave the cops a statement about what had happened. in our neighborhood there is alot of gang activity. so anyways on to the story they go around the neighborhood talking to people who stay close by, they give the cops alot of b.s. statements and the next thing you know where trying to fight the cops from trying to break-in and when they asked if they could come in our house we said no, after struggling with about 12 cops they forced there way in to search the place even after being adknowleged they couldn't enter the house. long story short they thought just because we are the only african american family living in a mostly white neighborhood we had something to do with it. they searched and didnt find anything. there were more cops at my house then there was at B.T.K's house. It was embarrassing, the news was even there. They completely wrecked my house and didnt find anything and what makes it so bad is there was some thugs who chased a boy back to the park where the shots where fired and they didnt even go check for all i know the kid who was running from a group of black guys could be shot and bleeding to death. I'm just looking for some legal advice as to what i can do about this because it sickens me. and there was no cause for them to enter my house in the first place.

Thanks for your time
dre
  #2  
Old 09-29-2005, 07:12 AM
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Join Date: Aug 2005
Posts: 1,964
Quote:
Originally Posted by dre05
they thought just because we are the only african american family living in a mostly white neighborhood we had something to do with it. they searched and didnt find anything... running from a group of black guys could be shot and bleeding to death. I'm just looking for some legal advice as to what i can do about this because it sickens me. and there was no cause for them to enter my house in the first place.

Thanks for your time
dre
How do you know what they thought?
  #3  
Old 09-29-2005, 01:45 PM
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Join Date: Sep 2005
Posts: 118
Quote:
Originally Posted by dre05
What is the name of your state?Kansas

Today the cops come over to my house because there was a call of some shots being fired. The neighbors i guess told the police that they had come from my residence, even tho they didnt see it with there own eyes. My mother also lives with me shes 50 years old. See just gets off of work when she sees our parking lot full of police officers. they pull her out of her car which was totally uncalled for and proceeded to follow her up to the house, well they get everyones information who was living her. I gave the cops a statement about what had happened. in our neighborhood there is alot of gang activity. so anyways on to the story they go around the neighborhood talking to people who stay close by, they give the cops alot of b.s. statements and the next thing you know where trying to fight the cops from trying to break-in and when they asked if they could come in our house we said no, after struggling with about 12 cops they forced there way in to search the place even after being adknowleged they couldn't enter the house. long story short they thought just because we are the only african american family living in a mostly white neighborhood we had something to do with it. they searched and didnt find anything. there were more cops at my house then there was at B.T.K's house. It was embarrassing, the news was even there. They completely wrecked my house and didnt find anything and what makes it so bad is there was some thugs who chased a boy back to the park where the shots where fired and they didnt even go check for all i know the kid who was running from a group of black guys could be shot and bleeding to death. I'm just looking for some legal advice as to what i can do about this because it sickens me. and there was no cause for them to enter my house in the first place.

Thanks for your time
dre
Contact the ACLU, they may be able to help you in this situation.

The manner of filing a complaint is detailed here: [url]http://www.aclukswmo.org/contact/index.html[/url]

I very much encourage you to file this complaint for two reasons:

(1) to make this less likely to happen in the future.

(2) because you may be entitled to significant monetary damages under civil rights law.

I'm sorry about this difficult situation.
  #4  
Old 09-29-2005, 04:28 PM
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Another argument is that they believed they had good reason to believe that shots had been fired (based upon the call or complaint) and had a legal obligation to force entry to check the welfare of those inside the house.

I doubt they just sent in the cavalry for NO reason ... I would guess that a report of that nature DID occur. And if it did, and there was any reasons to suspect it was valid, that could well justify a forced entry due to exigent circumstances (a possible victim of a shooting inside).

The ACLU probably won't do much unless it can be shown that the cause of the action was primarily or solely based upon the race of the residents.

While I can understand the frustration, if the police have reason to believe shots had been fired inside the house and then are told they can't go in, that makes them think that someone IS lying inside dead or wounded. I'd go in - and so would most other cops. Whether this is lawful depends largely on your state laws in this regard. In CA such a forced entry would likely be lawful unless the report of shots fired was, 'Well ... it could have been shots ... or, it might have been someone clapping loudly" (or something similarly wishy-washy).

- Carl
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  #5  
Old 10-01-2005, 06:53 AM
H-D H-D is offline
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Join Date: Oct 2005
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Quote:
Originally Posted by pojo2
How do you know what they thought?
"Hey big man" Is this all you do all day is get on here and throw your stupid remarks on peoples posts. I was just checking out all your posts and you think you got it all. LMAO Your a joke.
  #6  
Old 10-01-2005, 10:56 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by H-D
"Hey big man" Is this all you do all day is get on here and throw your stupid remarks on peoples posts. I was just checking out all your posts and you think you got it all. LMAO Your a joke.

**A: the word is spelled you're as in you're a joke. The word is actually made up of two words; you and are. It is a contraction.
  #7  
Old 10-01-2005, 08:18 PM
H-D H-D is offline
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Join Date: Oct 2005
Posts: 3
Quote:
Originally Posted by HomeGuru
**A: the word is spelled you're as in you're a joke. The word is actually made up of two words; you and are. It is a contraction.
OOPS !!!! Sorry about that my mistake Guru. LOL
  #8  
Old 10-01-2005, 11:08 PM
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Join Date: Jun 2005
Posts: 2,425
HD: Thanks for the most useless post I've read on this board.
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