Unlawful Entry

[left_coast_punk]

What is the name of your state? Oregon

A couple of months back my girlfreind and I had been arguing. It was about 11:30pm and we were both yelling. Next thing we know, we hear a knock on the door. Thinking it's my neighbors and that we are being too loud, I open it. It is the police. They asked what was going on and I told them that her and I were just having an argument. He asks where she is and I ask her to come out of the room and he asks her if she's ok and wants to talk about it. She says she's fine and doesn't need to talk about it. He responds with "Well you're gonna have to" and has his partner remove me from my house and talk to me outside. The first officer proceeds to enter the house and starts to question my girlfreind. I'm outside and the 2nd officer is asking me wahts going on. I said that I have had a little to drink and that her and me had an argument. We were yelling and the next thing we knew you guys were here. He asked me If I drink a lot. I said no. He then told me that I shouldn't try to take my girlfreind down a notch by hitting her. I said I haven't hit her. He then said that if I was such a big man I shouldn't have to drink and beat my girlfreind. I told him I don't hit my girlfreind. Next thing I know, I'm being put in handcuffs for Domestic Abuse. My girlfreind didn't say that I had hit her, nor did I. My girlfreind also didn not file a complaint with them. Long story short, I spent a day and a half in jail and was no complainted by the DA. That is over with and I don't care. My real question is did the police have any right to enter my house for an argument were nobody was injured, belegierant or asked them inside? Did they also have the right to forcefully remove me from my own house when both me and my girlfreind did not want to talk to them? Any help would be apreciated.

[CdwJava]

Originally Posted by left_coast_punk

She says she's fine and doesn't need to talk about it. He responds with "Well you're gonna have to" and has his partner remove me from my house and talk to me outside. The first officer proceeds to enter the house and starts to question my girlfreind.

This is pretty standard.

Next thing I know, I'm being put in handcuffs for Domestic Abuse. My girlfreind didn't say that I had hit her, nor did I.

Well, apparently somewhere along the line they developed probable cause to believe that you had. That either came from one or more of your statements, or a statement of a neighbor or other witness.

My girlfreind also didn not file a complaint with them.

That is not required. The laws are designed to break up the situation to give the victim an opportunity to think clearly ... very often that means that the suspect (usually the male) goes to jail whether the victim wants it or not. Since 75% of victims recant within 24 hours, the laws are designed with that in mind.

My real question is did the police have any right to enter my house for an argument were nobody was injured, belegierant or asked them inside?

In certain situations, yes. In the one you describe, it is very likely they had that right. However, not knowing what the police did when they arrived, I can't say for certain.

Did they also have the right to forcefully remove me from my own house when both me and my girlfreind did not want to talk to them? Any help would be apreciated.

See above.

But, if you want to consider a lawsuit, consult local counsel. You will find, however, that the law grants a lot of leeway for officers to investigate suspected domestic violence cases.

- Carl

[left_coast_punk]

Thank you for your reply. So they can arrest me and hold me in jail for almost 2 days for suspision of domestic even if there was no evidence pointing either way?

[xylene]

Originally Posted by left_coast_punk

Thank you for your reply. So they can arrest me and hold me in jail for almost 2 days for suspision of domestic even if there was no evidence pointing either way?

The officers own observations and / or the report of whoever complained of the fighting are evidence.

I drink, plenty even.

I argue with my girl just like anybody else. This isn't fantasy land.

I live in an apartment building.

We have never had the police called. Never.

You are misjudging your level of drunkenness, or the severity of your fight, or both.

Instead of plotting to sue the police, you might want to consider this a very real wake up call.

BTW - whne the police where asking you pointed questions, that was test to see how angry / testy you get. They were deliberately provoking you to try to get clear evidence.

Want some good advice? When questioned, just shut up. You are allowed to invoke your rights.

[CdwJava]

Originally Posted by left_coast_punk

Thank you for your reply. So they can arrest me and hold me in jail for almost 2 days for suspision of domestic even if there was no evidence pointing either way?

An arrest is made based upon probable cause to believe a crime was committed and that you committed it. At that point, you can remain in jail until the DA declines to file charges or you make bail. If, by the time of arraignment (48 hours, here) the DA has not filed charges, you will be released.

- Carl