4th Amen Violation

[Johnmelissa]

California - My next door neighbor/deputy ran onto my property and pounded open my front door. He demanded that a vehicle driver come outside and show identification. The off duty deputy claimed that the driver made a left turn in front of his wife. My daughter and her friend and brother were in my house. Three good college students eating Chinese food and watching the NFL draft at 2:30 PM. The neighbor/deputy has been harassing my family for 7 years with absolute documentation (he tore down part of my fence and I have a copy of the letter from the city ordering the fence be rebuilt, etc., etc.). This deputy is from another county. He was off duty and out of jurisdiction. I have a court order (civil) for him to stay OFF my property. Did he violate my civil rights to be secure in my person and home and unlawful detention without probable cause. Our complaints to his Police dept. and Sheriff's dept. were found SUSTAINED against the deputy on FOUR counts. This RAID should never have occurred and was illegal and unjustified. 30 days later, the deputy collided with my wife's parked car in front of our houses as he was coming close to harass her. It goes on and on. DID THIS VIOLATE THE FOURTH AMENDMENT?

 

[racer72]

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Nothing in your post suggests the person searched or seized any of your property. Call the police and file a trespassing complaint. Or better yet, a restraining order.

 

[Johnmelissa]

I'm secure in my home when an off duty, out of jurisdiction cop can pound open my door and give orders to the occupants? This same cop may order my daughter's friend to come out and show documentation without probable cause? What was sustained four times by his employer?

 

[moburkes]

I'm secure in my home when an off duty, out of jurisdiction cop can pound open my door and give orders to the occupants? This same cop may order my daughter's friend to come out and show documentation without probable cause? What was sustained four times by his employer?

You could have 1. not opened the door. 2. called the police from inside your house to explain what was going on. 3. yelled through the door that you were not going to open it, and that you were on the phone with the police. 4. then told him to wait at the front door until the police showed up.

 

[BelizeBreeze]

He violated the court order to stay off your property if it is still valid. NOTHING more.

 

[Johnmelissa]

It is legal for a cop to come onto my property and pound open the door to my house without any reason and without any probable cause especially when the cop is the next door neighbor who has been sued and settled the law suit and it is entirely clear that this event is part of a campaign of harassment? FOUR times his employers SUSTAINED complaints against him; FOUR related to this ONE incident. What kind of attorney are you that you believe some off-duty, out-of-jurisdiction cop can just come onto my property without a reason? I can't tell the difference here between American jurisprudenc and that of **** Germany or Iraq under Saddam. I appreciate your responses but can you provide some legal guidance on the law regarding the appropriate restraint of overzealous "sworn police officers?" This cop can march onto my or anyone's property and terrorize whomever he choses without cause, probable or otherwise. I don't suppose you see how crazy this country could get?

 

[BelizeBreeze]

It is legal for a cop to come onto my property and pound open the door to my house without any reason and without any probable cause especially when the cop is the next door neighbor who has been sued and settled the law suit and it is entirely clear that this event is part of a campaign of harassment? FOUR times his employers SUSTAINED complaints against him; FOUR related to this ONE incident. What kind of attorney are you that you believe some off-duty, out-of-jurisdiction cop can just come onto my property without a reason? I can't tell the difference here between American jurisprudenc and that of **** Germany or Iraq under Saddam. I appreciate your responses but can you provide some legal guidance on the law regarding the appropriate restraint of overzealous "sworn police officers?" This cop can march onto my or anyone's property and terrorize whomever he choses without cause, probable or otherwise. I don't suppose you see how crazy this country could get?

You were given your legal advice. If you take issue with it, you are free to hire your own attorney to advise you.

 

[The Occultist]

Terrorize? You were terrorized by a knocking on your door? Wow, I figured terroristic actions would include bursting through the door, not merely knocking.

 

[CdwJava]

It is legal for a cop to come onto my property and pound open the door to my house without any reason and without any probable cause

Nobody said it was legal for him to do what he did. You were told that the neighbor may well have been guilty of trespassing AND violating the restraining order. However, this is not a 4th Amendment violation.

Call the police, report the court order violation and the trespassing.

Though I am wondering if he really has a restraining order against him (or if he is really a deputy) since one of the requirements is to surrender any and all weapons and not to possess any ... something a deputy has to do. Unless he managed to get a court to waive that requirement, the order would effectively force him out of his job.

So, report him for with the misdemeanor offenses and go back to civil court and sue him if you wish. But, it is NOT a Civil Rights or a 4th Amendment violation.

- Carl

 

[Johnmelissa]

Let's address these issues and keep it simple. Does a police officer have the right to pound open a door and issue orders to the occupants of a house without a reason? Brieflly, what are the rules on trespass and detention? Might a police officer order an individual out of a house and demand a driver's license and vehicle registration without a serious reason?

 

[moburkes]

Let's address these issues and keep it simple. Does a police officer have the right to pound open a door and issue orders to the occupants of a house without a reason? Brieflly, what are the rules on trespass and detention? Might a police officer order an individual out of a house and demand a driver's license and vehicle registration without a serious reason?

What part didn't you understand before?

Nobody said it was legal for him to do what he did. You were told that the neighbor may well have been guilty of trespassing AND violating the restraining order.

 

[Johnmelissa]

Even more simple; what laws were broken? The America I live in does not condone facist tactics and the police must justify their actions. The basis for this action was neighbor harassment. I can PROVE that - 7 years worth. The rationale given for this action was that his wife had someone make a left turn in front of her that she did not like (she came home and told her big strong policeman husband to go over there and get those folks. This was police action by wifey). That happens constantly on the roadways. The neighbor/deputy stormed over to my house, while I was out of town, and pounded open the door, stated he was a "cop," issued orders and illegally detained someone demostrably innocent of any possible crime. I have sought here an objective assessment of this event and would greatly like to know what laws the off-duty, out of jurisdiction "sworn police officer" violated. Please review the scenario posted here multiple times and tell me what laws the police officer broke, if any.

 

[CdwJava]

Let's address these issues and keep it simple. Does a police officer have the right to pound open a door and issue orders to the occupants of a house without a reason? Brieflly, what are the rules on trespass and detention? Might a police officer order an individual out of a house and demand a driver's license and vehicle registration without a serious reason?

Since he was acting as a neighbor and a citizen, the matter of his employment is irrelevant here. He can be charged with trespassing and a court order violation. If he acted under color of authority, you can try to charge him under a 1983 violation ... however, since it is likely that his agency would argue that he was acting outside the scope of his employment and jurisdiction, therefore no such status (as a peace officer) would apply.

If you want to sue him for the trespass and other offenses, consult an attorney. If you want him prosecuted for the court order violation and the trespassing, speak to the local cops and the DA.

- Carl

 

[CdwJava]

Even more simple; what laws were broken?

From what you write, it sounds like trespassing and a court order violation ,might be the offenses.

The America I live in does not condone facist tactics and the police must justify their actions.

You never said he was in uniform and acting in his official capacity as a peace officer. Was he?

The neighbor/deputy stormed over to my house, while I was out of town, and pounded open the door, stated he was a "cop," issued orders and illegally detained someone demostrably innocent of any possible crime.

Then see if he can be prosecuted for it. Also see if he can be sued for it. However, depending on the laws in your state, the detention may be perfectly lawful ... even if not wise.

I have sought here an objective assessment of this event and would greatly like to know what laws the off-duty, out of jurisdiction "sworn police officer" violated.

Possibly trespassing and a court order violation ... what other violations are you looking for? What did the police tell you when you called to report this offense?

You keep trying to tie in his employment and that very likely won't be able to happen. If you want to make a federal lawsuit and sue him, go ahead and sue him. However, since his employer is not likely to indemnify an action done out of the jurisdiction, while off duty, and in violation of a court order, it's doubtful that it would get into a federal court for a civil rights violation. You can try to go for a state level civil suit for unlawful detention, trespass, etc., but you'll have to pay for an attorney, first.

It would also be preferable to get a criminal filing before the civil suit. if the DA won't prosecute, there may be a reason for it.

- Carl

 

[Johnmelissa]

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?