Did anything wrong happen to me?

[cp7940]

What is the name of your state (only U.S. law)? Illinois

Here is the scenario...

My father has a delivery job and has had issues with an individual whom lives on his delivery route. The individual he has the problems with has motion sensors along the road in front of her home and when one triggers by a car coming by she usually comes outside with her camera to record the car, or person coming by incase there might be any problems, she could have evidence. The woman has had trouble with people in the past and feels the world is out to get her so she's very paranoid.

Anyway since the activity of her coming out to record the traffic my father has began waving, or even flipping her off for coming out to record him as he drives by for his delivery. She has called the cops on him more than once they have basically told him they weren't going to do anything to him about it but requested that he just stop doing it regardless if she comes out to record him or not. So my father agreed to just ignore her, as he should have to the begin with.

A few days ago my father decided to avoid this location and asked me to go instead thinking that since the individual didn't know me there would be no problems. I decided to use my cell phone to record my drive past her home to see if she did come out and record me and to possibly show that I'm doing nothing more than driving by and not making any contact with her in any way.

She decided to follow me since she didn't know who I was and she got my plate number and called the cops, not sure what she said to them yet... While she was following me I too called the cops to inform them that she was following me, and they knew about the previous issues with my father and this woman so I just wanted someone to come find out what was going on. Well I was told to go home and wait for a deputy to come over. About 15 minutes go by and a deputy comes over and asks me what I was doing and I told him. He told me that he's tired of the "crap" between everyone and this woman and placed me under arrest for "disorderly conduct". I asked the officer what his cause was and he said I harassed this woman by driving past her home. I was rather confused but asked if I could just post bond and be released, but he said I needed to goto the county jail to post bond and I did.

Now this all still has me confused as I've never met this woman, never had any contact with her, and was doing something that required me to be on the road that this woman lives on. How did the officer have any right to arrest me, and what could I have done to be charged with "disorderly conduct" ??. A part of my bond requirements says I can't be in contact with this woman, which isn't a problem because I don't even know her. But the deputy who arrested me told me I can't even travel on the road for any reason or I would be arrested again and taken to jail without bond for violation of my bond agreement.

Then the deputy contacted the place in which my father and I work for (contractees) and informed them he arrested me and that he would also arrest my father if he too decided to travel on this road by this woman's home again. Rather strange, but we are wondering if this woman and this deputy have a friendship or maybe he is just acting unjustly... But none the less the place which I have a contract with for the deliveries had to contact myself and my father about the issue and mentioned that this deputy contacting them about this makes them look bad, and that I represent my contractee and this could possibly hurt my contract with them. Which I feel the deputy did on purpose to see if that outcome would be likely. I don't see where the deputy had the right to do this, representing himself as a county deputy. :/


Another thing is this cop came onto my private property and placed me under arrest for a Class C Misdemeanor offense, which is rather petty, but didn't seem like he had strong probable cause, and I dunno if he violated any of my rights but I still feel violated here with all of this stuff.



Do I have any rights, was I in the wrong? Is there something I can do legally?

[Alex23]

She followed you in her car?

[cp7940]

Yes, when I went past her home she got into her car and drove behind me for about a mile. When I noticed she was still there I turned around and went past her as she was coming towards me and that was the moment I called the sheriffs office to let them know the situation. The dispatcher told me they were already on the phone with her and told me to go home and told her to go home and that a deputy would come by and talk with me about the situation.

Let me say, I did nothing to disturb her, or harass her, I did nothing that I can see wrong other than maybe holding my cellphone while it recorded video of me driving by, but if that's a crime or if that caused some sort of harassment in which the deputy had a right to arrest me, then I just don't understand.

[ecmst12]

Sounds to me like both you and your dad were baiting the crazy lady and giving the police a headache about it.

[cp7940]

I could see where you are coming from if there wasn't a full reason as to why transportation past this womans home wasn't a requirement. This woman lives on a country road with 4 other houses and a daily delivery is required to two of the houses.

I have spoke with the Sheriff and he has informed me that this woman has called more than 100 times trying to file complaints about random people driving on this road, and that she has tried to get the public road made into a private road baring through traffic. She was unsuccessful in her attempt.

I had a 100% legitimate reason to be there, she did not know who I was and I never did anything to provoke, or harass this woman. Now my dad on the other hand I can not defend because he has provoked her in the past by flipping off her camera, which was childish I'll admit, but that still doesn't explain how justice was served by her filing a complaint against me.

I also found out her complaint was only made against me once the deputy told her my name and she found out I was the son of the original delivery person for her road. None the less everyone I've spoken to can not see where I had caused any conduct that was disorderly, nor could understand that I was arrested for said offense when nothing was done but driving past, for the job required to be completed.

Our contractee has since removed travel on this road to maintain peace on our behalf, and to prevent anymore issues from this woman, but I am just still puzzled how I was arrested for doing nothing wrong.

[cyjeff]

I don't see how driving down a road is disorderly conduct in and of itself.

I am guessing that the cops just want this in front of a judge to make a call and it was your day in the barrel.

I don't see anything coming from your charge... but I wonder why they didn't charge crazy cat lady...

Oh c'mon. You KNOW she has like 47 cats.

[cp7940]

I have now spoke with 2 other deputies who have said they have tried to catch her chasing down people, spotlighting them when they drive by at night... and according to one of those two... she even chased down a different deputy who was testing to see if she would chase him after getting a report she chased down some kids on their way home from a FB game.n. but nothing seems to happen to the woman. This is why we feel she might have a friendship with the one deputy who arrested me, he was a total prick about the whole thing.

I called a civil rights attorney in Belleville IL, and he told me that if the states attorney doesn't charge me, or if I get it thrown out that he would look into this situation. I just don't know what to do, it all seems to have gone way overboard.

[JKBee]

And you have this recorded? Sounds like it was a public road, no trespassing on private property, and she and the police are totally out of line.

This is where you need to get a good lawyer, get yourself acquitted, and sue her and the police and the town, etc., for false arrest, harassment, loss of income, and whatever else a good attorney can think up. Maybe you can end up owning her home and evict her! Problem would be solved.

[ecmst12]

The lady is crazy and probably files lots of complaints. The police are trying to keep her off their backs, I'd guess.

[cp7940]

Yea, I was wondering it I would be able to obtain information from the courthouse or the sheriffs department on how many complaints she has filed in X amount of years against people... or how many times she has tried.

I am starting to think that with all the information from the other deputies, neighbors, etc... that I could win this if the States Attorney decided to pursue charges against me, even to make a point of some sort.

As for anything other than her complaint against me which is totally false, was the deputy out of line by arresting me on my property? A friend told me they couldn't just come onto private property to make an arrest without invite, or a warrant for such a small offense (Class C Misdemeanor)... Not that he or I know much about the ILCS, but just curious... and then the fact he contacted the place I and my father have a contract with to make these deliveries to inform them he arrested me, as if he were trying to jeopardize mine or my fathers contract? What do you think?

[Banned_Princess]

Originally Posted by cp7940

Yea, I was wondering it I would be able to obtain information from the courthouse or the sheriffs department on how many complaints she has filed in X amount of years against people... or how many times she has tried.

I am starting to think that with all the information from the other deputies, neighbors, etc... that I could win this if the States Attorney decided to pursue charges against me, even to make a point of some sort.

As for anything other than her complaint against me which is totally false, was the deputy out of line by arresting me on my property? A friend told me they couldn't just come onto private property to make an arrest without invite, or a warrant for such a small offense (Class C Misdemeanor)... Not that he or I know much about the ILCS, but just curious... and then the fact he contacted the place I and my father have a contract with to make these deliveries to inform them he arrested me, as if he were trying to jeopardize mine or my fathers contract? What do you think?

LOL Why, are they vampires?

And if that were true... I cant even pick the best example of why thats silly.

[cp7940]

Originally Posted by Banned_Princess

LOL Why, are they vampires?

And if that were true... I cant even pick the best example of why thats silly.

Does this not apply to my private property?

[url=http://criminal-law.freeadvice.com/criminal-law/police_home_entry.htm]Can they come get me in my house?[/url]

The police cannot come into your home, without your consent and without a warrant to arrest you unless there are "exigent" circumstances. There is no clear rule defining what an "exigent" circumstance is.

But, there are certain factors that judges will take into consideration in determining whether exigent circumstances exist. Some of those are:
(1) the gravity of the offense (murder vs. disorderly conduct),
(2) the existence of probable cause,
(3) the likelihood of an escape if the officer does not act quickly,
(4) whether the officer’s entrance was peaceable,
(5) consent to enter from an adult resident of the home, and
(6) whether they can credibly claim that they reasonably believed that someone inside was in danger.

[Banned_Princess]

Originally Posted by cp7940

Does this not apply to my private property?

[url=http://criminal-law.freeadvice.com/criminal-law/police_home_entry.htm]Can they come get me in my house?[/url]

Well did they knock and ask to speak to you outside? or did they just storm your house guns drawn.

[JKBee]

I believe that technically you gave him the right to come onto your property to discuss this when you were told you would be contacted. That makes it police business to which I think, now do not know for sure, that he has the right. If in the process of such a complaint, he feels justified to make an arrest then this I believe is legal. However. whenever false arrests are made, then it is not just the policeman who is in trouble, but the police department as well as the city or county in which he is working.

There was an incident where I got involved in more than a verbal dispute with a police officer. He threw me against my car and caused extreme bruising. I'm not going into the long story, but I had called 911 and they were on the line while he was shouting at me and throwing me against me car. When he noticed I had my cell phone in my hand, he told me to turn that **** thing off! Of course, all this was recorded on te 911 line. He ended up getting relieved from his job and I could have sued to my heart's content. I chose to let it go.

That is why I asked if this was all recorded? Makes a big impression on juries. Talk to several lawyers if you decide to, don't just take the first one you come to in the yellow pages.

[cp7940]

Originally Posted by Banned_Princess

Well did they knock and ask to speak to you outside? or did they just storm your house guns drawn.

Not exactly, I was in my driveway and he pulled up, asked my name, asked why I went down there and then said I was going to jail. That was all there was too it basically.

He did not care what I had to say, he was very rude about the entire thing and said I could take it up with my attorney or the states attorney because he didn't care.

Originally Posted by JKBee

That is why I asked if this was all recorded? Makes a big impression on juries. Talk to several lawyers if you decide to, don't just take the first one you come to in the yellow pages.

The arrest wasn't recorded. Just the driving by her home incase something like this was to happen.