almondnuts
Junior Member
What is the name of your state? west virginia-a neighbor observed an unattended child in a truck behind a house and called police. the neighbor/witness did not observe anyone in connection with the child and was unable to make any ID of any suspects or where they were. the child didn`t know where his mother was as he was sleeping when she entered the residence, the child had never been there before. it was march and pretty cold in the residence as the electricity was off, the child was comfortable, warm and sleeping when his mother entered the residence. the mother came into the residence long enough to take apart a computer table that was offered to her by the resident, 10-15 min. police kicked the door of the residence down after "knocking and announcing" their presense. where lies the probable cause to justify warrantless entry, search and seizure? there is the "what" (child left unattended) but no "who" did the "what". there is no "reasonable suspicion that the person may be the perpetrator" based on the fact that the complainant/witness merely observed what he thought to be a crime, not who he thought committed it. if the complainant/witness could not identify "who or where" the suspects were than how can police claim the exsistence of probable cause?
this same witness/complainant also stated that he observed a candle through the window of the residence as it was dawn and the occupants of the residence were navigating by candle. the police state that there was a report of "meth lab" but cannot provide an answer as to who made such report. the police did not observe a fleeing felon entering the residence or observe any actions by the occupants that would support a reasonable belief or suspicion that the occupants were; 1- the suspects related to the child neglect, or 2- that instumentalities of a crime were being or going to be destroyed.
the police rely on the report from the same neighbor that the residence was unoccupied to justify the warrantless intrusion, search, and seizure as they "thought" the residence was "abandoned". according to the law , the party that asserts that property is or was abandoned, must prove it by clear and unequivocal evidence. the resident was in jail for 1 month prior to the incident. police took no investigative steps toward determining the status of the residence or the resident, aside from an alleged report from said neighbor that "no one lives there" that cannot be produced.
the police kicked the door into the resident took him to the ground at gunpoint and battered him in the back of the head, he was cuffed and detained for several hours. the police tore the house apart, found nothing released the resident apologized and left.
no charges were ever filed against any of the occupants.
police never took any steps at trying to make contact with and establish any dialogue with the resident to determine whether or not the situation was founded as dictated by their policy and procedure. i am in the process of stating a claim against the city for failure to properly train the officers. the defendants state that it was the individual officers who caused the deprevation of the civil rights of the resident, not the city. i have to overcome the requirement of stating a specific policy or custom used by the city that resulted in injury and rights violation.
can anyone give me any ideas or similar cases for reference and research (SCOOTERDOG WHERE ARE YOU!!)-
i am unable to submit anything to your profile...
this same witness/complainant also stated that he observed a candle through the window of the residence as it was dawn and the occupants of the residence were navigating by candle. the police state that there was a report of "meth lab" but cannot provide an answer as to who made such report. the police did not observe a fleeing felon entering the residence or observe any actions by the occupants that would support a reasonable belief or suspicion that the occupants were; 1- the suspects related to the child neglect, or 2- that instumentalities of a crime were being or going to be destroyed.
the police rely on the report from the same neighbor that the residence was unoccupied to justify the warrantless intrusion, search, and seizure as they "thought" the residence was "abandoned". according to the law , the party that asserts that property is or was abandoned, must prove it by clear and unequivocal evidence. the resident was in jail for 1 month prior to the incident. police took no investigative steps toward determining the status of the residence or the resident, aside from an alleged report from said neighbor that "no one lives there" that cannot be produced.
the police kicked the door into the resident took him to the ground at gunpoint and battered him in the back of the head, he was cuffed and detained for several hours. the police tore the house apart, found nothing released the resident apologized and left.
no charges were ever filed against any of the occupants.
police never took any steps at trying to make contact with and establish any dialogue with the resident to determine whether or not the situation was founded as dictated by their policy and procedure. i am in the process of stating a claim against the city for failure to properly train the officers. the defendants state that it was the individual officers who caused the deprevation of the civil rights of the resident, not the city. i have to overcome the requirement of stating a specific policy or custom used by the city that resulted in injury and rights violation.
can anyone give me any ideas or similar cases for reference and research (SCOOTERDOG WHERE ARE YOU!!)-
i am unable to submit anything to your profile...
