ImBeingSued
Junior Member
What is the name of your state (only U.S. law)? Oregon
Long story, i will try to make it short and to the point without leaving any important details out. Also, i was not sure which section to post this in so if i am not in the correct section i apologize
My little brother has a friend (i will call him john to avoid any confusion)who recently was kicked out of his parents house and is currently residing at my parents house. Johns' parents have recently been a victim of burglary and theft, so naturally, the police have made John a suspect (as well as everyone else in my house)
My parents have video and audio surveillance in place, and have several no trespassing-audio & video recording signs posted (obviously, in general, law enforcement are exempt to trespassing laws) due to repeat car break-ins.
Recently, the police came to the house to question John, as well as my brother. They cut the wires to the cameras in an attempt to prevent recording (destroying the cameras). this raises my first question:
1.) Are police exempt from destruction of property in routine questioning?
They threatened to charge them with other crimes they did not commit, they said, "evidence will be fabricated to ensure prosecution", "We have people in different agencies to assist with falsifying evidence", and "We will charge everyone in the house with similar crimes (sex-related crimes), involve DHS, and have all minors removed from the household". I know this is mostly a scare tactic used to obtain information or admission of guilt. I understand that such tactics are necessary in aiding most investigations. However, I feel that they crossed the line several times, and will be less then willing to cooperate in any investigation in the future. my next questions:
2.) Can a person legally refuse questioning (excluding name, DOB and such) without an attorney present if they are not under arrest? Or can they be charged with hindering/interfering or like charges(local law enforcement only)?
3.) in general, is refusing questioning without an attorney a bad idea if you are innocent? Or is it recommended that i co-operate so they can move on to the next suspect?
This is not my first experience with the legal system; i am aware that lying is standard procedure and officers are permitted to say almost anything to make an arrest. However, i believe the public (in general) would be ashamed to see how their tax dollar is spent for law enforcement (you would need to see the recording understand my position) And, in such cases (involving large amounts of potential suspects, in this case there are at least 30 that i am aware of), the public would find such treatment unacceptable upon discovering they too could be a victim of such treatment. Last question:
4.) Is there a limit to what an officer can say to further his/her investigation, if not, are they exempt from harassment laws?
At this point, i do not wish to pursue this matter as i believe it will lead to further harassment. However, its all recorded, and ready for media release should this escalate to that point.
Thank you for your time and any help regarding this issue.
Long story, i will try to make it short and to the point without leaving any important details out. Also, i was not sure which section to post this in so if i am not in the correct section i apologize
My little brother has a friend (i will call him john to avoid any confusion)who recently was kicked out of his parents house and is currently residing at my parents house. Johns' parents have recently been a victim of burglary and theft, so naturally, the police have made John a suspect (as well as everyone else in my house)
My parents have video and audio surveillance in place, and have several no trespassing-audio & video recording signs posted (obviously, in general, law enforcement are exempt to trespassing laws) due to repeat car break-ins.
Recently, the police came to the house to question John, as well as my brother. They cut the wires to the cameras in an attempt to prevent recording (destroying the cameras). this raises my first question:
1.) Are police exempt from destruction of property in routine questioning?
They threatened to charge them with other crimes they did not commit, they said, "evidence will be fabricated to ensure prosecution", "We have people in different agencies to assist with falsifying evidence", and "We will charge everyone in the house with similar crimes (sex-related crimes), involve DHS, and have all minors removed from the household". I know this is mostly a scare tactic used to obtain information or admission of guilt. I understand that such tactics are necessary in aiding most investigations. However, I feel that they crossed the line several times, and will be less then willing to cooperate in any investigation in the future. my next questions:
2.) Can a person legally refuse questioning (excluding name, DOB and such) without an attorney present if they are not under arrest? Or can they be charged with hindering/interfering or like charges(local law enforcement only)?
3.) in general, is refusing questioning without an attorney a bad idea if you are innocent? Or is it recommended that i co-operate so they can move on to the next suspect?
This is not my first experience with the legal system; i am aware that lying is standard procedure and officers are permitted to say almost anything to make an arrest. However, i believe the public (in general) would be ashamed to see how their tax dollar is spent for law enforcement (you would need to see the recording understand my position) And, in such cases (involving large amounts of potential suspects, in this case there are at least 30 that i am aware of), the public would find such treatment unacceptable upon discovering they too could be a victim of such treatment. Last question:
4.) Is there a limit to what an officer can say to further his/her investigation, if not, are they exempt from harassment laws?
At this point, i do not wish to pursue this matter as i believe it will lead to further harassment. However, its all recorded, and ready for media release should this escalate to that point.
Thank you for your time and any help regarding this issue.
