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unwarranted harrassment

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bykerboy011

Junior Member
What is the name of your state (only U.S. law)? California


Ok, where to start... first off i live in a crime ridden african american neighborhood (im caucasian). Im a full time student as is my girlfriend, i have a 2 and a half year old son, and we both have clean records. We are just trying to survive and keep to ourselves.

On march 17, 2013 my girlfriend and i took a quick shower as my 2 and a half year old son watched some morning cartoons. After getting out of the shower and entering the bedroom i heard pounding on my front door, which i figured was just a relative or something. As i begin to get dressed I hear voices inside my house, i assumed it was my girlfriends father. The voices began to not sound right so i peeked my head out of my bedroom and at the end of my hallway is a police officer saying PD come out of the room, "where is (ill refer to this person as swim) swim". (swim is a man i dont even know, he randomly comes to my door occasionally asking to bum a cigarette. Ive never let this person in and have no connection other than this.)Me and my girlfriend are both naked. So I put pants on and walk into the living room to see my son on the couch and 3 officers standing in my living room. As i look out the front door i see 2 possibly 3 patrol cars. I see out the back window and theres 3 cops parked right at my back gate, so my house in surrounded my patrol cars. Officer number one starts walking down the hall and officer number two says an officer saw swim at my house a couple days prior and asked where he was. (He stopped by asking for a cigarette, i said no and went back inside). Than i hear my girlfriend say you cant just walk in here your breaking the law. Officer number one than says, well looks like this is gonna turn into a matter of welfare. And officer number two says the door swung open. At this point officer number three walks outside the house. I say the front door was closed, you were pounding on it, it didnt swing open. Than officer number two says your son opened the door. (My son cant open my front door, hes not tall or strong enough) Officer number one searches my bedrooms and than comes back out and officer number two asks for my name and age. While officer one was searching officer two is repeatedly telling my son "you opened the door, you opened the door". They let my dog out and she took off running around the neighborhood annoying and irritating neighbors. My son is in shock at this point and all day he kept staring off blank saying i opened the door, but i didnt daddy. The police came to my home expecting to be confronted by african americans, the police in this town are also known for racism and unfair treatment towards blacks. My girlfriend and i both have been going through what feels like shock, we cant think straight, cant sleep, and poor memory. I feel violated and unsecure. All my neighbors now look at me like im up to something on their "turf". I feel like im being watched everywhere i go and like im some sort of criminal. Does this sound like something i can try filing a tort for? My civil rights have been violated and i feel like ive fallen under their typical stereotypical regime. Any advice would be appreciated
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California


Ok, where to start... first off i live in a crime ridden african american neighborhood (im caucasian). Im a full time student as is my girlfriend, i have a 2 and a half year old son, and we both have clean records. We are just trying to survive and keep to ourselves.

On march 17, 2013 my girlfriend and i took a quick shower as my 2 and a half year old son watched some morning cartoons. After getting out of the shower and entering the bedroom i heard pounding on my front door, which i figured was just a relative or something. As i begin to get dressed I hear voices inside my house, i assumed it was my girlfriends father. The voices began to not sound right so i peeked my head out of my bedroom and at the end of my hallway is a police officer saying PD come out of the room, "where is (ill refer to this person as swim) swim". (swim is a man i dont even know, he randomly comes to my door occasionally asking to bum a cigarette. Ive never let this person in and have no connection other than this.)Me and my girlfriend are both naked. So I put pants on and walk into the living room to see my son on the couch and 3 officers standing in my living room. As i look out the front door i see 2 possibly 3 patrol cars. I see out the back window and theres 3 cops parked right at my back gate, so my house in surrounded my patrol cars. Officer number one starts walking down the hall and officer number two says an officer saw swim at my house a couple days prior and asked where he was. (He stopped by asking for a cigarette, i said no and went back inside). Than i hear my girlfriend say you cant just walk in here your breaking the law. Officer number one than says, well looks like this is gonna turn into a matter of welfare. And officer number two says the door swung open. At this point officer number three walks outside the house. I say the front door was closed, you were pounding on it, it didnt swing open. Than officer number two says your son opened the door. (My son cant open my front door, hes not tall or strong enough) Officer number one searches my bedrooms and than comes back out and officer number two asks for my name and age. While officer one was searching officer two is repeatedly telling my son "you opened the door, you opened the door". They let my dog out and she took off running around the neighborhood annoying and irritating neighbors. My son is in shock at this point and all day he kept staring off blank saying i opened the door, but i didnt daddy. The police came to my home expecting to be confronted by african americans, the police in this town are also known for racism and unfair treatment towards blacks. My girlfriend and i both have been going through what feels like shock, we cant think straight, cant sleep, and poor memory. I feel violated and unsecure. All my neighbors now look at me like im up to something on their "turf". I feel like im being watched everywhere i go and like im some sort of criminal. Does this sound like something i can try filing a tort for? My civil rights have been violated and i feel like ive fallen under their typical stereotypical regime. Any advice would be appreciated
How do you know what the police "expected" to be confronted with when they came to your door.

How very racist of you:cool:
 

bykerboy011

Junior Member
Because this neighborhood is referred to as the ghetto or projects. Im the only white guy living in the entire neighborhood. Also the police are known in this town to be rather racist. I think having 6 cars surrounding my house is a little extreme. People look at me funny when i tell them i live in this part of town because the fact im white.
 

tranquility

Senior Member
While there almost certainly is some violation of your 4th amendment rights, the issue will be damages. How were you hurt by the search? There is not going to be an attorney who will jump on a violation with no real damages.

Make a complaint against the officers for the illegal search.
 

bykerboy011

Junior Member
Well, for starters,neither my gf, myself, or my son have been mentally the same since this has happened. I cant keep focused at school or at home to study or anything. I now am looked at like im a criminal by everyone around me. Im known as the guy that got raided. There are people who are into illegal "business" around me that now think im up to something on their "turf". I understand why these people have such hatred towards police officers. My security that i did feel here is far gone and i cant afford to live elsewhere as im trying to get through school and raise my son.
 

tranquility

Senior Member
Well, for starters,neither my gf, myself, or my son have been mentally the same since this has happened.
Have you received psychological care? Payment for that, when related to the 4th amendment violation is "damages". Not feeling yourself is not.

I cant keep focused at school or at home to study or anything. I now am looked at like im a criminal by everyone around me. Im known as the guy that got raided. There are people who are into illegal "business" around me that now think im up to something on their "turf". I understand why these people have such hatred towards police officers. My security that i did feel here is far gone and i cant afford to live elsewhere as im trying to get through school and raise my son.
Sounds like a problem with their interpretations of police action. Besides, the coming to the door and surrounding your apartment is not a violation of your rights. It is the entry that *might* be a problem--depending on the facts. It is the search of the drawers that is almost assuredly a problem.

I understand you are upset. Upset is not really damages. You are not going to find an attorney to file suit. As I said, I suggest you file a personnel complaint against the officers.
 

bykerboy011

Junior Member
for clarification purposes we live in a house not an apartment. Idk if that changes your mental image of the situation

Their were cop cars lined up all along the length of my fence.

Soo basically what they did is justifiable and i have to suck it up? its ok for them to threaten to call cps if i didnt cooperate? The police in this town are some good ol boys, filing a complaint is a waste of time. The state needs to investigate this police department as daily complaints are filed on these officers.
I mean i would have had no problem letting them look had they not invited themselves into my home.
 

Antigone*

Senior Member
for clarification purposes we live in a house not an apartment. Idk if that changes your mental image of the situation

Their were cop cars lined up all along the length of my fence.

Soo basically what they did is justifiable and i have to suck it up? its ok for them to threaten to call cps if i didnt cooperate? The police in this town are some good ol boys, filing a complaint is a waste of time. The state needs to investigate this police department as daily complaints are filed on these officers.
I mean i would have had no problem letting them look had they not invited themselves into my home.
Tranq told you what to do to make that happen.

What town do you live in?
 

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