Police Coming into home uninvited

[rfbdave]

What is the name of your state? Ma

This related to a previous posting i have but ill give enough detail for a good answer. I had the police come to my house because they suspected me of passing a cop and not stoping. They wanted to charge me with not obeying a police officer. But the guy that came to my door took a step in to my house when i opened the door, screaming at me and throwing his finger around, and actualy touching me once. I also have video surveillance at my front door which i recorded a VHS tape of this and of the cars that passed by which not one of them is not me. I was so pissed when i had 3 witness with me saying i was home, that i told him off and said your going to arrest me for this bull****? and told him i knew his sons and would get them arrested for smoking dope, so he charged me with intimidating a witness. The police report is 100% lies, and i have on tape all of it to show every point in which he lied. What do you think my position is? Also i realy would rather not have any wise cracks, i already know that talking back to an officer is not a smart move. Thanks.

 

[Some Random Guy]

So you have a videotape of yourself trying to intimidate a witness (the police officer). I would suggest that you contact a lawyer before you bring this up to anybody.

Also ask your lawyer whether recording the audio of the conversation with the offficer without his consent was illegal.

 

[rfbdave]

no audio

there is no audio, and i didnt intimidate him, i can tell anyone ill get them arrested for anything they cant do anything.

 

[Kane]

Dave, your answer is the same as anyone's who's been accused of a crime he doesn't think he's committed. Get a lawyer, and prepare to defend yourself in court. There's no shortcut to this process, regardless how innocent you think you are. It's not up to the defendant to decide whether he's innocent (or whether the police violated his rights) - it's up to the judge.

 

[rfbdave]

B&E

no my question is about him steping into my house yelling uninvited. thats breaking and entering, if i just walked into your house yelling at you, i would be put away for B&E.

 

[Some Random Guy]

took a step in to my house when i opened the door,

Obviously no clue what breaking and entering means.

and i didnt intimidate him

So, when the witness to an alleged crime is told to change his story or else something bad will happen to his family, you don't think that's intimidation? You need a lawyer to explain some things to you - before the judge does.

 

[Kane]

That depends on the facts of the case. And the facts aren't what you say they are - they're what the judge decides, after listening to the evidence presented by both sides.

If the facts (as determined by the judge) are that the police were in hot pursuit, after seeing you commit a crime, I suspect the judge will be ok with them stepping into your house to arrest you (whether they were yelling or not).

If the facts are you didn't commit a crime, they weren't in hot pursuit, and the police are just making all this up, then the judge will throw the case out.

I suspect the last scenario is the one you want to hear. What I'm trying to tell you is that the case isn't going to be decided based on your version alone. And that without knowing the police version, it's difficult for anyone here to guess what's going to happen.

You need to get a lawyer, get the police report, and find out exactly what they have to say.

 

[RedemptionMan]

That depends on the facts of the case. And the facts aren't what you say they are - they're what the judge decides, after listening to the evidence presented by both sides.

If the facts (as determined by the judge) are that the police were in hot pursuit, after seeing you commit a crime, I suspect the judge will be ok with them stepping into your house to arrest you (whether they were yelling or not).

If the facts are you didn't commit a crime, they weren't in hot pursuit, and the police are just making all this up, then the judge will throw the case out.

I suspect the last scenario is the one you want to hear. What I'm trying to tell you is that the case isn't going to be decided based on your version alone. And that without knowing the police version, it's difficult for anyone here to guess what's going to happen.

You need to get a lawyer, get the police report, and find out exactly what they have to say.

true but if all they charged him with was "failure to obey officer" which is not even a misdomeaner.(it is an offense) There has to be more to the story then what he has stated.....

 

[rfbdave]

ya guys

sigh, guys i dont need free advice on how to be a jerk. I need some actualy response with some intelligence behind it, he didnt step into my house to arrest me, he steped in screaming, i yelled back that i didnt do ****, he LEFT went back to his car i guess, came back a min later telling me im under arrest, i stand on my deck for awhile yelling in handcuffs with my 3 other witnesses saying the same thing, the guy leaves the house again, comes back and says lets go. so before u start saying some smart ass comment, just ask for the details you want and ill give them to you. and yes im going to contact a lawyer but did you know its holiday times? hes gone until tommorow when i will call, but i wanted to get some information gathered before talking with him, so thank you to all that gave an actual responce.. Oh and on the breaking and entering comment, you obviously have no clue what it is, if i go into your house, without u inviting its breaking and entering, i dont need to "BREAK" anything.

 

[RedemptionMan]

sigh, guys i dont need free advice on how to be a jerk. I need some actualy response with some intelligence behind it, he didnt step into my house to arrest me, he steped in screaming, i yelled back that i didnt do ****, he LEFT went back to his car i guess, came back a min later telling me im under arrest, i stand on my deck for awhile yelling in handcuffs with my 3 other witnesses saying the same thing, the guy leaves the house again, comes back and says lets go. so before u start saying some smart ass comment, just ask for the details you want and ill give them to you. and yes im going to contact a lawyer but did you know its holiday times? hes gone until tommorow when i will call, but i wanted to get some information gathered before talking with him, so thank you to all that gave an actual responce.. Oh and on the breaking and entering comment, you obviously have no clue what it is, if i go into your house, without u inviting its breaking and entering, i dont need to "BREAK" anything.

Have you ever heard the song "I fought the LAW and the LAW won"..... well outside a civil rights violation it will be hard to prove any wrong doing on the police. They are sworn officers of the law and have a lot freedoms in todays society especially since 9-11.

 

[Some Random Guy]

Please read MA c266 s16-18 and then continue on with your wisdom of how the police were committing B&E.

 

[rfbdave]

true but if all they charged him with was "failure to obey officer" which is not even a misdomeaner.(it is an offense) There has to be more to the story then what he has stated.....

Well i was charged with speed 45-50 in 30mph Estimated 90/17, and disobeying and officer 90/25, i can scan the ticket if you wish. And again why wouldnt i just get a ticket, instead of an arrest, i mean its not like they were behind me i ran into the house while they ran after me or somthing, LOL, i was drinkin a **** load with my friend at my house.

 

[Kane]

sigh, guys i dont need free advice on how to be a jerk. I need some actualy response with some intelligence behind it, he didnt step into my house to arrest me, he steped in screaming, i yelled back that i didnt do ****, he LEFT went back to his car i guess, came back a min later telling me im under arrest, i stand on my deck for awhile yelling in handcuffs with my 3 other witnesses saying the same thing, the guy leaves the house again, comes back and says lets go. so before u start saying some smart ass comment, just ask for the details you want and ill give them to you. and yes im going to contact a lawyer but did you know its holiday times? hes gone until tommorow when i will call, but i wanted to get some information gathered before talking with him, so thank you to all that gave an actual responce.. Oh and on the breaking and entering comment, you obviously have no clue what it is, if i go into your house, without u inviting its breaking and entering, i dont need to "BREAK" anything.

Sorry, Dave, I must not have understood you.

If the police didn't come into your house in order to arrest you, then it's not clear what - if anything - that has to do with your case. An illegal arrest can be suppressed, and so can illegally obtained evidence. But if he didn't arrest you, or collect any evidence, there's nothing to be suppressed.

Good luck.

 

[rfbdave]

Sorry, Dave, I must not have understood you.

If the police didn't come into your house in order to arrest you, then it's not clear what - if anything - that has to do with your case. An illegal arrest can be suppressed, and so can illegally obtained evidence. But if he didn't arrest you, or collect any evidence, there's nothing to be suppressed.

Good luck.

bah "lets go" i ment lets go to jail.

 

[RedemptionMan]

Well i was charged with speed 45-50 in 30mph Estimated 90/17, and disobeying and officer 90/25, i can scan the ticket if you wish. And again why wouldnt i just get a ticket, instead of an arrest, i mean its not like they were behind me i ran into the house while they ran after me or somthing, LOL, i was drinkin a **** load with my friend at my house.

Did you refuse to sign the ticket? Did you act like a fool in front of the cop? only reasons I can see for you being taken to jail. Like it or not some laws are writen for the police and they know the application of them. I.e. spit on a person it is a misdomeaner spit on a cop it is a felony.... so you be the judge.....