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  1. #1
    Sean1312 is offline Junior Member
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    Police misconduct?

    what is the name of your state? Colorado
    I feel that the officer in the following eyewitness account acted unprofessionally and violated our rights as well as some laws. I am not sure if there is any recourse to the officers actions or not, but it has been eating my lunch ever since that day. If there is nothing I can do then so be it and I will put it to rest. If there is , however, I would likje to move forward with the case. Any advice will be greatly appreciated. Thank You

    On October 27, 2004 at approximately 4:30 PM, my girlfriend, Destiny, and I received a visit at our place of residence in Edgewater, CO. 80214, from officer Bellamy of the Wheatridge Police Department. The officer was in uniform and arrived at our residence in a Wheatridge PD patrol car. He was alone and not accompanied by a representative of the Edgewater PD.

    When Destiny answered the door officer Bellamy asked: “Are you Destiny ?” To which she replied “Yes”. Bellamy stated “I’m here in regards to a change of address form submitted for a Lionel Smith. Do you know Mr. Smith?” Destiny said that she did as he was her ex boyfriend. The officer then asked if he may come inside.
    Destiny responded to the officers request with “No you may not.”

    Officer Bellamy then became belligerent at Destiny’s denial of his request. The officer then produced a copy of a change of address form and said “YOU DID THIS!” as he waved the paper in her face. She responded with “I DID THAT??!!”
    Bellamy then stated “I KNOW YOU DID IT. YOU ARE UNDER ARREST!” While he made this statement to her he used his left foot to push the front door open and proceeded to enter our premises. At this time he was still unaccompanied by any representative of Edgewater PD.

    At the time of Officer Bellamys visit, we were taking a nap so when Destiny answered the door she was wearing only a house robe and nothing else. Destiny asked if she could put some clothes on. He said “Yes. Get dressed.” He told me to stay where I was and followed her into our bedroom and proceeded to watch her get dressed. Destiny asked “Must you watch me get dressed?” He replied “Yes.” Once she was dressed he frisked her, handcuffed her, took her to his vehicle and drove away.
    He was still unaccompanied by any Edgewater PD, any female officer, nor did he produce any warrant or evidence meriting his actions

    Roughly 45 minutes later, Officer Bellamy returned to our residence to inform me that Destiny was going to be charged with this crime and she was going to be taken to Jefferson County jail. This time he was accompanied by Officer Dave Ferguson of the Edgewater Police department.

    Among other ficticious and fellonius statements in the police report, Bellamy stated that there were no witnesses to his actions on this afternoon. Yet he came back to our house to let me know what was going on and another officer will bear witness to that fact.
  2. #2
    outonbail is offline Senior Member
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    Doesn't sound as if you have any case against him at all.

    As far as your girlfriend, it probably would have been preferred to have waited for an officer from your town, however I don't believe it is necessary. If he was serving a search warrant he may have to have a member of the local PD in attendance, but not for a knock & talk situation. In a situation like this, I believe it would be more of a courtesy between departments to notify the other of an investigation in their jurisdiction.

    Same thing applies to having a female officer frisk your girlfriend. It may be preferred, but nothing I know of makes it illegal for a male officer to pat her down for weapons. He was not conducting a strip search, so there would be no contact of "sensitive areas" between the officer and your girlfriend.

    If your girlfriend wishes, she can file a complaint on the officer, but I doubt it would do much good.

    Is she still in jail? Is she guilty of whatever charges were filed against her?

    Although embarrassing and often seen as an intrusion, these situations are just one of the prices you pay for breaking the law,,,,
  3. #3
    outonbail is offline Senior Member
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    I just realized this incident happened nearly a year and a half ago?

    Procrastinate much or what?

    This being the case, you should simply let it go, drop it, put it behind you, move on and live lawfully / happily ever after
  4. #4
    CdwJava is offline Senior Member
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    Quote Originally Posted by Sean1312
    He was alone and not accompanied by a representative of the Edgewater PD.
    And he needed a local officer ... why? If the crime occurred in his jurisdiction and in the same county, chances are CO law allows him to conduct follow-up investigations and make arrests for crimes that were alleged in his jurisdiction. In virtually all states (probably all, but I do no know that for certain), peace officer status is conferred to most officers throughout their states and not just up to the city limits or the county line.

    The officer then asked if he may come inside.
    Destiny responded to the officers request with “No you may not.”
    Her right to do so, but then it becomes a show for all the neighbors. her choice.

    Officer Bellamy then became belligerent at Destiny’s denial of his request.
    If you say so. Not unlawful, and MAYBE in violation of policy depending on the actions.

    Bellamy then stated “I KNOW YOU DID IT. YOU ARE UNDER ARREST!” While he made this statement to her he used his left foot to push the front door open and proceeded to enter our premises. At this time he was still unaccompanied by any representative of Edgewater PD.
    The doorway is considered a public place and an arrest for probable cause in a public place is generally permissable. Whether CO law permits an arrest for this crime will depend on whether this is a felony or misdemeanor and upon relevent law in CO.

    Destiny asked “Must you watch me get dressed?” He replied “Yes.” Once she was dressed he frisked her, handcuffed her, took her to his vehicle and drove away.
    It's really embarassing when someone smuggles dope or weapons into the jail. We also don't want to have someone arm themselves when they are in their room. Hence the reason he watched her dress. It may not have been the wisest move, but I doubt it was unlawful in any way.

    He was still unaccompanied by any Edgewater PD, any female officer, nor did he produce any warrant or evidence meriting his actions.
    Probably not necessary for a local officer to be present. And a warrant might not be necessary depending on when the crime was alleged and the nature of the offense. Since the crime has not been mentioned (though I presume it is forgery of some kind), we can only guess.

    Among other ficticious and fellonius statements in the police report, Bellamy stated that there were no witnesses to his actions on this afternoon. Yet he came back to our house to let me know what was going on and another officer will bear witness to that fact.
    "Ficticious and fellonious statements"? What the heck is a "fellonious statement"?

    Okay ... he didn't mention you. Were you standing there the entire time? Did you ever talk to the officer?

    In any event, this is an issue for HER attorney and not for you. The time has almost certainly passed for any form of internal complaint, and unless a felony by the officer has been alleged, no criminal allegation is likely forthcoming, either.

    If she has an issue against the officer for an unlawful arrest (provided that it WAS unlawful) then she can hire an attorney and sue him ... provided the statute of limitations has not expired, and I suspect it has).

    This is HER issue - not yours. What is SHE doing about it?

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    Sean1312 is offline Junior Member
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    Yeah, I kinda figured the time had long since passed, but I wanted to know.
    Thanks for the advice. I'll put it to rest and move on.

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