What can we do?

[BeStVeldboon]

I live in Ca.

Not too long ago my husband was taking a stereo out from one of our trucks and putting it into another one of our trucks. He did this right in front of our house, and at 12:00 pm. A motorcycle cop and a cop in a car pulled up and asked what he was doing. He told them and they asked to see his drivers license. His license is current, and shows our home address (which he was currently standing in front of). Then the cop asked my husband if he had the key to one of our trucks. Of course my husband did, and showed the cop that the key he had opened the door to the truck in question. The cop then told my husband to turn around, and he padded my husband down!! The cop went on to say that someone had called about a possible suspicious character doing something in a truck. I have a problem with that as we have lived in our house for 20 years, and everyone around our neighborhood knows who we are. Also, my husband was doing this at 12:00 in the afternoon!!!

Was this a legal pat down??

Also, not long before that happened my husband went looking for a cop in order to have a fix-it ticket signed off. When he couldn't find one around town (or, surprisingly enough, at any donut shops) he decided to go to the police station. He pulled into the parking lot, saw a cop, and asked if he could sign his ticket off. The cop looked at his license and signed the ticket. My husband got back into his car, started it up, and heard the cop yelling at him to stop, which my husband did. He asked my husband to get out of the car, and stand next to it. All of a sudden about 10 cops dressed in civilian clothes came out of the police station, and basicly made a circle around him. My husband asked what was going on, and one cop went over to him and handcuffed him. As the cop was walking my husband to the back of his police unit (to sit my husband down on the bumper of the cops car) he told my husband that he was wanted for some "very serious" stuff!! My husband said that he had no warrants out for him, and that he had no idea what they were talking about. They detained him for about 45 minutes until finally one cop told the other cop to take of the handcuffs, that my husband wasn't the person. My husband has a very, very rare name. I have not seen another person with our last name listed anywhere (including the phonebook) here in San Diego. However, the cop told my husband that there was another person with his exact name (including middle name) who is wanted for some "very serious" stuff. They told him that they knew it wasn't him because he had a different birthdate than what my husband has. They never apologized, but just sent him on his way.

Now, if I was a criminal who was wanted for some "very serious" stuff, do you think I would be going to a police station to get a ticket written off. Or even be bother with taking care of a fix-it ticket to begin with. I think they just had nothing better to do that night then to mess with my husband.

When these type of situations happen I would like to think there was something I could do. If I go the put in a complaint with the police department, however, I feel like I'm just painting a bullseye on my back, and that it will give the cops more of a reason to mess with us.

Any suggestions???

 

[CdwJava]

Was this a legal pat down??

The police can conduct a "pat-down" for weapons on very minimal cause. If they received a call from someone in the neighborhood saying that there was a suspicious person tampering with vehicles (possibly stealing them, possibly damaging them, etc.) then they are going to make contact. And when they make contact, they may feel that they have sufficient cause to pat him down for weapons.

Remeber that the cops don't live in the neighborhood and have no clue if someone has lived there 20 years or 20 minutes. A neighbor (presumably someone that knows who is supposed to be at the house) calls and reports a possible crime, and the police are going to act on it.

I don't see an issue here. Certainly not one that requires anything more than a call to the department to complain if your husband wants to do so.

They detained him for about 45 minutes until finally one cop told the other cop to take of the handcuffs, that my husband wasn't the person.

Okaaay ... obviously they thought he was a wanted criminal. When they looked into it, they released him. Thank goodness that they did that before they booked him!

My husband has a very, very rare name. I have not seen another person with our last name listed anywhere (including the phonebook) here in San Diego.

That doesn't mean that someone using the same or a similar name has not had a warrant issued for them.

They told him that they knew it wasn't him because he had a different birthdate than what my husband has. They never apologized, but just sent him on his way.

I suppose he can call and ask for an apology.

What department in San Diego County was this, anyway?

Now, if I was a criminal who was wanted for some "very serious" stuff, do you think I would be going to a police station to get a ticket written off.

Actually ... I have seen them come in for ticket sign-offs ... to report thefts ... to report being assaulted ... even to report their DOPE being stolen! Wanted people sometimes do stupid things. Sometimes they are not aware they have a warrant, either.

I think they just had nothing better to do that night then to mess with my husband.

Why would ten cops come outside just to mess with YOUR husband? It does not make any sense. Unless he was acting like a flaming idiot attracting attention to himself, then it was one of those unfortunate things that happen in life.

I was once held at gunpoint and made to lie on the asphalt along with three friends (we were on a double date - another guy and two girls) because my car matched the description of one used in an armed robbery earlier. I don't recall an apology either. But, it happens. It's a pisser, but it happens.

If I go the put in a complaint with the police department, however, I feel like I'm just painting a bullseye on my back, and that it will give the cops more of a reason to mess with us.

Why woul dthey care at all about you and your husband? Have you two been arrested a few times?

Contrary to popular belief, the cops in bigger cities (and all the cities in San Diego County are big) don't have a whole lot of time to mess with people for the sake of messing with them. I now work in a smaller city. I have time to mess with people ... when I worked in big cities, I was far too busy.

Besides, you cannot make a complaint as you were not even a witness to these events. You can voice your concerns, but the chances of them acting on them are slim to none. If your husband went in to complain they might have to look in to the matter if a violation of law or department policy could be identified. From what you have written, the only chance of there being something wrong MIGHT be the conduct of a pat-down ... if he had already shown ID that listed the address as his AND he was doing nothing to give the officers concern for their safety.

 

[Heather2]

Why would ten cops come outside just to mess with YOUR husband? It does not make any sense.

Sometimes cops don't have anything better to do even in big cities. I saw 10 cops come to a small intersection where the lights had just stop working.

 

[CdwJava]

Sometimes cops don't have anything better to do even in big cities. I saw 10 cops come to a small intersection where the lights had just stop working.

Sometimes.

On the other hand, there may have been a call there and officers responded to the call until they could sort out if they were going to do trafic control and who might be doing it.

However, I don't recall ever seeing 10 cops at an intersection ... heck, except for scenes of major crimes, I don't recall ever seeing ten cops in one place outside of briefing.

It is unusual ... it occurs from time to time, but it is unusual.

- Carl

 

[Heather2]

Sometimes.

On the other hand, there may have been a call there and officers responded to the call until they could sort out if they were going to do trafic control and who might be doing it.

However, I don't recall ever seeing 10 cops at an intersection ... heck, except for scenes of major crimes, I don't recall ever seeing ten cops in one place outside of briefing.

It is unusual ... it occurs from time to time, but it is unusual.

- Carl

They were on bicycles so maybe they were just in the area. But you're right there was probably more to the story. It was quite entertaing to see that many cops at one time though.

 

[BeStVeldboon]

No, the cops were not on bicycles. One was on a motorcycle, and the other one was in a police unit.

 

[BeStVeldboon]

It is the El Cajon Police Department, a suburb of San Diego.

My husband is a very calm, level-headed man, so I know he never gave them any reason to feel they were in danger.

 

[Heather2]

No, the cops were not on bicycles. One was on a motorcycle, and the other one was in a police unit.

No, I was talking about cops around here. Sorry if I confused you.

 

[BeStVeldboon]

We actually had another incident happen where my husband was pulled over by a cop who said he didn't have a front license plate. He did, of course, and told the cop to go look that there was a front plate. The cop did and walked back to my husband saying "Yea, but it's a piece of ****". The license plate was not bent under and completely visible when looking at the car from the front.

No, my husband and I are law abiding citizens, and have never been arrested.

 

[Heather2]

We actually had another incident happen where my husband was pulled over by a cop who said he didn't have a front license plate. He did, of course, and told the cop to go look that there was a front plate. The cop did and walked back to my husband saying "Yea, but it's a piece of ****". The license plate was not bent under and completely visible when looking at the car from the front.

No, my husband and I are law abiding citizens, and have never been arrested.

I sure hope he didn't get a ticket for that.

 

[BeStVeldboon]

No, he didn't get a ticket. I'm not a paranoid type of person. I'm just getting tired of these types of things happening to my husband and (indirectly) to me too.

 

[CdwJava]

It is the El Cajon Police Department, a suburb of San Diego.

Don't tell the citizens that - they don't like being referred to as a suburb of S.D.

My husband is a very calm, level-headed man, so I know he never gave them any reason to feel they were in danger.

Okay. So ... now what? You have two avenues: complain to the department, or, hire an attorney and sue ... but without damages I can't see it going anywhere. And in either case, they could still have had good reason to conduct a pat-down. As I said, the reasons can be very minimal to hustify a pat-down for weapons.

What does he want to do about it?

- Carl

 

[BeStVeldboon]

We don't want to take either of those avenues. I was really just wondering if the pat down was legal.

Thank you for your time and responses.

 

[IMPAQT]

All of a sudden about 10 cops dressed in civilian clothes came out of the police station, and basicly made a circle around him

Most likely, since you say the man they THOUGHT was your husband was wanted for some "serious stuff", they probably came out in case they guy in question had partners in crime, or if he was a violent offender, just to make sure nothing happened as far as the guy fighting with the officer.

 

[CdwJava]

Most likely, since you say the man they THOUGHT was your husband was wanted for some "serious stuff", they probably came out in case they guy in question had partners in crime, or if he was a violent offender, just to make sure nothing happened as far as the guy fighting with the officer.

You're right. There is an advantage to numbers. If the suspect had been inclined to fight, he probably won't when there is a crowd of officers loitering around. It tends to make things safer for all involved.

- Carl