• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

police deception

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

P

pkosorek

Guest
What is the name of your state? new york state.
my girlfriend and i live together in an apartment building. we were quitting smoking cigs and we we were arguing. someone else called the cops on us about the noise. he knocked on the door and by that time we were done arguing. i open the door and go out on the porch to talk to him. he explains that a neighbor called because of the arguing. i told him that we were quitting smoking and were on edge. he then asks to talk to her and asks to use my telephone. i said hold on let me get her and the phone(cordless). i started to go inside and went to close the door behind me he pushed it open and followed me in then asked where the phone was. i didn't even invite him in. he then uses my phone for a couple of minutes and proceeds to question my girlfriend. 15 minutes later another cop enters my home uninvited, the other officer let him in. he began harrassing me and my girlfriend. i asked the officers to leave my home and they said they did not have to because it was a domestic dispute. the first officer asked my girlfriend what we were argueing about and then proceeded to fill out a domestic incident report. when he started filling it out she said she didn't want to file any report or anything like that. he said it was nothing and they had to because they came to my house and it was procedure. then 15-20 min or so later a third officer comes into my home and the 2nd and 3rd cops to enter are standing in my living room harrassing me and cracking jokes for 10-15 mins while the 1st writes up the incident report. the third cop is looking through the doorwayof our bedroom with a flashlight. the 3rd cop then says he smells marijuana. i told him i just burned insence and he replies with thats to cover up the marijuana smell and begins going through my bedroom dresser drawers. the 2nd and 3rd cops were threatening me saying give us the pot or we will call in the k9 unit and your going to jail and we are going to rip your house apart. meanwhile one cop won't let my girlfriend out of the kitchen and the other is commanding me to sit on the couch and not move. by then i asked them if they had a warrent which they did not and told them to leave at least 4 times their response everytime was that they didn't need one because this was a domestic dispute. after a while they find a marijuana pipe and some seeds, in a closed metal container after tearing through the bedroom and threatening us. after that the cops continue to threaten us. then the 1st cop calls me into the kitchen and tells me I have to write something and sign it(the domestic incedent report). i ask do i have to and say i don't want to. he replies with yeah, hurry up and sign it i don't want to be here all night and we're not leaving until you do. after a while of arguing with him and he keeps saying hurry up i don't have all night. i finally sign it as me being the domestic victim. then they write me a unlawful possesion of marijuana ticket 221.05 and they make my girlfriend leave the house against her will and take down her license plate number when they leave. what can i do about this neither one of us called them, invited them in, agreed to a search, or wanted to file a domestic incident report plus we both told them that everything was fine and we didn't know why they were still in our home after more than an hour.
 


H

hmmbrdzz

Guest
All that came down on your head for quitting smoking? Did you light up after they cited you? :D Well......next time try the patch and some Wellbutrin. I hear it's great stuff -- takes the edge off those cravings.

Anyhow.... you had a domestic call arrival, and I guess one could say that when you "went to shut the door" to go get your girlfriend and the policeman said "uh uh" and pushed the door open and then one smelt marijuana, things went from sugar to sh** real fast. All on account of smoking cigarettes. I better quit.


hmmbrdzz
 
P

pkosorek

Guest
what i'm saying is the officer shouldn't of entered my home because there was no evidence to support exigent circumstances which is one of the only reasons he could of entered. the other being a warrent, or i invited him in, which i did not. then after using force and deception to enter my home (there was no need for him to use my phone which is cordless and said hold on let me get it). the deception used to enter my home makes the search illegal and invaild at trial due to the "exclusionary rule" put in place to deter cops for doing illegal searces. also, any evidence found after the illegal action has taken place (illegal entry in my home, trespassing) is invalid in trial due to the "fruit of the poisonous tree docterine" the tree is the first illegal act commited (illegal entery to my home), the "fruit" the next-generation of evidence product producced by the illegal action is also invalid. both tree and fruit are inadmissable at trial. so what i'm saying is the officer had no right to even enter my home because there was no evidence that there was a life threatening incident (exigency) when the officer entered my home due to a neighbors complaint about noise.
 
P

pkosorek

Guest
also i talked with many lawyers and they said that civil action would not be worth the cost of a lawyer (lawyer fees ranging from $700-$5000 for a verdict where they said i would get $50-500 dollars for. i'm wondering if i should attempt to make a civil case based on pricipal of violation of the fourth amendment myself or is it not worth the effort or time, or will it just lead to more harrassment or problems? any real help would be great, thank you.
 
H

hmmbrdzz

Guest
Any real help? It's no wonder you are in trouble. You are continuing to grasp at straws in an attempt to get out a stupid situation you created. None of your rights were violated.
You had a DV call to your house, and the responding officer had a right to enter to check on the other party regardless of what you said. When pot was smelled, there was cause to search.
The evidence is not the illegal fruits of the state.

Here's some more real help: I think you should fire up a cigarette and forget about it and never smoke pot again. :cool:

I'm sorry. Go do something healthy. Run around the block.


hmmbrdzz
 
P

pkosorek

Guest
hhhmmmbbrrrddzz
do you know what i think? I think you've spent way too much time on the computer and not enough time in the law books your opinions are rather bias. are a police officer or da? There was no domestic despute until the officer used deception to make me sign the form. The neighbor does not know what is going on, they did not hear any gun shuts, or threats (because there was none, we were simply arguing) or see anything through my windows because my shades were closed. also, why do you feel it appropriate to respond in such a rude manner. i did nothing to upset you in any way. I don't understand your hostility.
 
P

pkosorek

Guest
p.s. i run 6 miles (10 k) 3-5 days a week, ski regularly and compete in cross-country mountain bike races for my sponsor when i'm not landscaping. please don't make false assumptions, all it does is show your level of ignorance.
 
H

hmmbrdzz

Guest
You came here for advise, and your responses appeared you had it all figured out to begin with, and you appeared as if you wanted to debate, etc. etc. No rudeness was intended, and your sense of humor apparently just sucks.



hmmbrdzz
 

stephenk

Senior Member
here it goes. once the police received the report of a possible domestic violence incident they have a duty to investigate. when you answered the door your girlfriend wasnt standing next to you was she? So when the officer asked to talk to her and to use your phone you did the wrong thing. You tried to close the door on the officer. thats a no-no. Why you ask?

Because the officer had not yet determined if your girlfriend was safe or in danger, he didnt know if you were going to try to run out the back or get a weapon.

So the officer had the right to stop you from closing the door because he was still conducting an investigation. he is allowed to enter your apartment to check on the safety of your girlfriend. Once he was in and trying to figure out what was going on his backup arrives. they can also enter because of the ongoing investigation.

once one of the officers said he smelled weed, the investigation changed. it was still a DV investigation but now it was a drug investigation.

In conclusion, your claim of illegal entry will not stand up in court. sorry.
 
P

pkosorek

Guest
like i mentioned the call was placed with no evidence of any domestic violence. why is it a domestic violence call?
 

AmosMoses

Member
All right...you are 100% correct!! You are fine!! Go to court, explain the poison fruit deal, and go back home. Is that what you wanted to hear?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top