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Cops sent to wrong hotel room for a domestic call. What can we do about it????

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Totys

Junior Member
My boyfriend and I were in a hotel room and a couple were fighting and yelling in another room. The guest that was in the room downstairs from our room called the cops and sent them to our room as if we were the couple that was fighting. My boyfriend went outside to smoke a cigarette while I had jumped in the shower. A few minutes later I hear someone banging on the door so I grab a towel and proceed to open the door. I'm assuming my boyfriend forgot the key and was locked out. I opened the door with only a towel on and it was a police officer standing right in front of the door.He sees me in a towel and asked if I was dressed and of course I said "NO IM NOT DRESSED!" He then told me to get dressed and so I attempted to close the door. The officer put his foot in the way so that I wasn't able to close the door. He told me "No to leave the door open." So there's a few officers watching me while I'm naked wrapped in only a towel walk back to go get dressed. When I come out there already in my room searching thru our room with I never gave concent to do so. They asked if we were fighting and we both said "NO it wasn't us fighting." They didn't see marks on me nor did it even look like we were fighting. They didn't even go look to see if their was someone else in real danger and in need of medical assistance. There could of been someone dead or injured in another room but the police never investigated to find out who was real fighting. What are my rights and can I sue the caller for falsely accusing us for fighting? Or the the police for invading our privacy in some way? We were arrested at the end for paraphernalia that was supposedly found in our room. So we are both out on bond and we are gonna fight this but don't know what to do. What rights do we have?
 


quincy

Senior Member
My boyfriend and I were in a hotel room and a couple were fighting and yelling in another room. The guest that was in the room downstairs from our room called the cops and sent them to our room as if we were the couple that was fighting. My boyfriend went outside to smoke a cigarette while I had jumped in the shower. A few minutes later I hear someone banging on the door so I grab a towel and proceed to open the door. I'm assuming my boyfriend forgot the key and was locked out. I opened the door with only a towel on and it was a police officer standing right in front of the door.He sees me in a towel and asked if I was dressed and of course I said "NO IM NOT DRESSED!" He then told me to get dressed and so I attempted to close the door. The officer put his foot in the way so that I wasn't able to close the door. He told me "No to leave the door open." So there's a few officers watching me while I'm naked wrapped in only a towel walk back to go get dressed. When I come out there already in my room searching thru our room with I never gave concent to do so. They asked if we were fighting and we both said "NO it wasn't us fighting." They didn't see marks on me nor did it even look like we were fighting. They didn't even go look to see if their was someone else in real danger and in need of medical assistance. There could of been someone dead or injured in another room but the police never investigated to find out who was real fighting. What are my rights and can I sue the caller for falsely accusing us for fighting? Or the the police for invading our privacy in some way? We were arrested at the end for paraphernalia that was supposedly found in our room. So we are both out on bond and we are gonna fight this but don't know what to do. What rights do we have?
What is the name of your state?

A disturbance was reported to the police, it was said to have come from your room, the police investigated, the end. I see no legal action for you to pursue.
 

quincy

Senior Member
California
Thank you for providing your state name, Totys.

Again, I see no legal action for you to pursue. The police were responding to a call. The caller was apparently mistaken about a disturbance in your room but, during the police investigation into the caller's report, paraphernalia was seen in your room. Oops.

It would probably be smart for you and your boyfriend to speak to an attorney in your area, to ask about the search and your subsequent arrest.

Good luck.
 

CdwJava

Senior Member
What were you two arrested for? (What code section?)

Where was the "paraphernalia" found? What KIND of paraphernalia did they locate? If the stuff was in plain view, then that discovery could well have provided the necessary probable cause to search further. Additionally, if your boyfriend gave consent and you did not revoke it, then the police are generally permitted to search. Also, if either of you were on probation or parole, or out on release with search conditions, then consent would not be necessary.

When the police respond to a report of a domestic violence situation, they are generally given sufficient leeway to investigate, and that means to determine that neither party is injured and there is no evidence of a scuffle in the room. It is both prudent and commonplace for an officer to require a door stay open in such situations, both for their safety and to prevent a barricaded subject situation. The odds of an attack against officers in a DV situation is high enough, even higher when they lose sight of one or both parties in a possible DV situation.

You can have your attorney examine the police reports and determine the best way to defend against whatever you have been charged with.

On the face of it, you have no cause of action against the caller. Whether you have any cause of action against the police will depend on details we don't have. If they conducted a search without consent, probable cause, or other legally permissible reason, then you might be able to get the evidence suppressed. Whether there is any cause of action against the police is unlikely, but, you can have an attorney examine the case if the matter is dropped or you are acquitted.
 

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