4th Amen Violation

[CdwJava]

OK we understand the trespass. Beyond trespass; ignoring trespass, can a cop pound open the front door of a citizen's house and order that person to come outside, detain that person and demand documentation WITHOUT any reason? What can a cop do? What CAN'T a cop do?

You are getting stuck on the fact that he is employed by a law enforcement agency ... what he did was NOT in the scope of his employment. He can likely be prosecuted for any offenses that occurred as if they were done by anyone.

Have the police forwarded charges to the DA on this? If so, what were they?

If you wish to pursue a civil action against him or his agency alleging he was acting in the scope of his employment and thus might have violated your civil rights, speak to an attorney about a 1983 action ... if you have the money, I am sure you can get one started.

- Carl

 

[Zigner]

OK we understand the trespass. Beyond trespass; ignoring trespass, can a cop pound open the front door of a citizen's house and order that person to come outside, detain that person and demand documentation WITHOUT any reason? What can a cop do? What CAN'T a cop do?

Ok, here's what you can't get through your head. When your neighbor did this, he WAS NOT A COP! He was a citizen who may (or may not) have acted illegally.
What you need to ignore is his employment in this situation...it has no bearing since he was not acting in the scope of his employment.

 

[seniorjudge]

I don't think anyone in this thread has said the cop's behavior was good, fair, decent, and legal.

I certainly don't feel that way.

But to point out to poster: For a Fourth Amendment problem to even be an issue, there has to be a SEARCH and a SEIZURE. If either of those elements is missing, it simply is not a Fourth Amendment problem.

End of story.

Period.

Even if.

 

[Johnmelissa]

I appologize. I got lost on this thread. I came to this site for law not ad hominem attacks and inane banter. LAW please. May or may not a cop pound open a door to a citizen's house, order an occupant out and order the production of documents without any reason and/or without a cogent rationale? Does anyone here know the LAW on this or is there none? This off-duty out of jurisdiction cop YELLED, "I AM A COP" invoking official police status. He has already had 4 counts of complaint SUSTAINED against him by his employing agency. You can't get it through your head that he WAS in OFFICIAL POLICE STATUS by his own declaration. I don't want money - I've spent $15,000 on a useless attorney just trying to defend my family from this psycho cop. The court order is the Stipulation For Entry of Judgement - Civil Matter. It is not a TRO. The subsequent TRO hearing failed because "YOU CAN'T GET A TRO AGAINST A COP" without a dead body and a smoking gun in his hand. Please review the information with your full attention as I have had to repeat myself numerous times. Ignore the trespass please. Can anyone site any law related to pounding open the door to a private residence and yelling orders (at 2:30 PM, terrorizing three naive 21 year old college students - one doctor candidate), detaining and demanding documents WITHOUT PROBABLE CAUSE or any legitimate cause. Can a cop just run around America like a brown-shirt NAZZZII? I accept your statements that I enjoy absolutely no protection under the Fourth Amendment in that I might be secure in my home and not have the door pounded open so that an OFFICIAL COP can look (i.e. search) around the interior looking for a particular individual scaring the hell out of my daughter and her friend's brother. If it's not TERROR to have someone pound open your door, TRY IT ON THE YOUNGEST ELEMENTS OF YOUR FAMILY. I guarantee this chicken---- psycho cop would NEVER do anything like this if I were home (I was out of town at the time). To the FBI, I'm going to submit the "book" on this 7-year harassment campaign with FULL documentation including probabtive photographs and even a SIGNED contract to remove a deliberate nuisance barking dog. The idiot SIGNED it; essentially a confession. Also, the civil matter he SETTLED before a judge after being sued for assault, stalking, trespass, invasion of privacy etc. A "sworn police officer" and 4 SUSTAINED counts of complaint found by his agency after investigating their "officer" for SIX MONTHS.

 

[BelizeBreeze]

I appologize. I got lost on this thread. I came to this site for law not ad hominem attacks and inane banter. LAW please. .

and that is EXACTLY what you got. Don't like it? tough.

The rest of your diatribe I deleted. I get better arguments from my cat.

 

[moburkes]

Go pay for your advice. If you are looking for a LAW that states that a police officer can kock on your door, you won't find it. You won't find a law that states that your neighbor can knock on your door. You won't find a law that states that the kid down the block can knock on your door. You won't find any additional "help" on this website, either. You don't seem intelligent enough to read what is written, so let someone SAY it to your face. Maybe you can understand oral communication that you pay for.

 

[Johnmelissa]

Belizebreeze, I didn't ask you, personally, for your brilliant contribution. It would appear that you ignored everything you encountered in life related to your edification and seems eminently possible that you might ignore my posts. I am certain that a being of your caliber has PRESSING and globally important affairs to attend to. Thank you so much.

 

[Johnmelissa]

YOBUCKS, excellent recitation of LAW - chapter and verse. Looks like I came to the right place. I appeal to the smart ones to come to the fore and I get the idiots. It is an unavoidable phenomenon that websites with potential always get taken over by the frustrated pseudo intellectuals.

 

[Johnmelissa]

Senior Judge Missing Unreasonable Search and Seizure

Senior Judge, unreasonable search and seizure would appear to the layman to be a COP pounding open a door without cause, looking into a citizen's house (private property) and yelling orders to the occupants to come out constituting unlawful detention. The layman would say it sounds like the cop SEARCHED the house and SEIZED an occupant WITHOUT REASON.

 

[BelizeBreeze]

Senior Judge, unreasonable search and seizure would appear to the layman to be a COP pounding open a door without cause, looking into a citizen's house (private property) and yelling orders to the occupants to come out constituting unlawful detention. The layman would say it sounds like the cop SEARCHED the house and SEIZED an occupant WITHOUT REASON.

Which is why you never graduated from Law School. A basic misunderstanding of even the simpliest of legal theory.

 

[seniorjudge]

...

The layman would say it sounds like the cop SEARCHED the house and SEIZED an occupant WITHOUT REASON.

....

Then the layman would be wrong.

You can have a search and no seizure.

You can also have a seizure but no search.

These are very simple concepts.

 

[CdwJava]

Once again, he was likely NOT lawfully acting within the scope of his authority and employment as a peace officer. If his department wants to indemnify him in this, then that is their bad. However, I'm gonna go out on a not-so-very-long limb and suggest - once again - that his actions were NOT within the scope and authority of his employment as a peace officer and thus he was acting as a private citizen and can be charged or sued appropriately.

If the local authorities have chosen NOT to charge him, then it could be that his actions did not rise to a criminal level under state law (i.e. his version of events was radically different than yours), or, every bubba in two counties is related.

Consult legal counsel.

- Carl

 

[Johnmelissa]

OK. Search is entry and physical manipulation of the structure or its contents. Seizure is of property not a person by detention. And a citizen is secure in his home when a cop, without reason, justification or cause, pounds open the front door and gives orders. I was really hoping for a citation of code and section with reference to the actions of a sworn police officer but it looks like I'm in the wrong place. Perhaps the "law" isn't as black or white as I have imagined. This is my first experience with a psycho neighbor/cop and the law both civil and criminal. I can guarantee you that this is bizarre and completely unacceptable human behavior. Additionally, this personality CANNOT stop a mostly childish harassment campaign. That's OK for people in most walks of life but it is absolutely UNBELIEVABLE that this nutjob would be a "sworn police officer." In this process I have met some great ones who, I'm sure, would be offended to be associated with him professionally. It would be embarassing. I asked an aquaintance once why he thought about becoming a policeman and he said he wanted to HELP people. This cop wants to BULLY people. P.S. BB, what are you compensating for, a small penis or diminuitive stature?

 

[CdwJava]

The point remains that he will not likely be seen as acting under his authority as a peace officer as he was out of jurisdiction AND off duty, so a 4th Amendment issue is likely out of the question. And if his actions were seen as lawful somehow then maybe the authorities believed that what he saw did allow for him to act as a peace officer.

So, what were you told when you sought to have a report taken for trespassing, unlawful detention, etc.?

- Carl

 

[moburkes]

OK. Search is entry and physical manipulation of the structure or its contents. Seizure is of property not a person by detention. And a citizen is secure in his home when a cop, without reason, justification or cause, pounds open the front door and gives orders. I was really hoping for a citation of code and section with reference to the actions of a sworn police officer but it looks like I'm in the wrong place. Perhaps the "law" isn't as black or white as I have imagined. This is my first experience with a psycho neighbor/cop and the law both civil and criminal. I can guarantee you that this is bizarre and completely unacceptable human behavior. Additionally, this personality CANNOT stop a mostly childish harassment campaign. That's OK for people in most walks of life but it is absolutely UNBELIEVABLE that this nutjob would be a "sworn police officer." In this process I have met some great ones who, I'm sure, would be offended to be associated with him professionally. It would be embarassing. I asked an aquaintance once why he thought about becoming a policeman and he said he wanted to HELP people. This cop wants to BULLY people. P.S. BB, what are you compensating for, a small penis or diminuitive stature?

You can't understand plain English, yet you continue to post here. You have been answered again, and again, yet you continue to post. Instead of contacting a local attorney and paying for the same advice, you continue to post here. Instead of contacting the police, you continue to post here. I'm beginning to think that you are making all of this up, and that it isn't your neighbor who has the problems.

Why does it concern YOU what size his penis is or how tall he is? Why do you care?

Again, its not the neighbor that has the problems.