• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is this purgery

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

tonypg

Guest
What is the name of your state? Florida
Yesterday a relative got into an altercation with her husband to a point where he pushed her and she slapped him. She asked him to leave and he did so. After he left an hour later he called the police and had them dispached to the residence where the insident happened. Two police officers a female and a male showed up and pushed their way thru the door and started searching the residence without a warrant. Do they need one? After this the female officer remained with the wife and the male officer prosceeded outside were the husband happened to show up. He the officer looked at the husband and happen to see that he had a mark on his face. They arrested the wife for assault and batterie. They never read her , her rights. When the wife was going to be removed the male officer asked the husband to go away and get into his car. This was at night. The big question is the following. When she was released on bond she was given the police report. The report was written by the female police officer that remained in the residence all the time and never even saw the victem in this case the husband. The female officer wrote that she saw the victem and that he had marks in his face....something she never saw!!!!!! Never mentioned that there was another officer with her. If you read the report basicly she was the only one there. She had the report notarised basicly stating that the above is correct and that she signed it. Isnt this purgery? Do we have a case here to have the charges dropped? Please advice me what we can do?
 
Last edited:


TYRIS

Member
tonypg said:
What is the name of your state? Florida
Yesterday a relative got into an altercation with her husband to a point where he pushed her and she slapped him. She asked him to leave and he did so. After he left an hour later he called the police and had them dispached to the residence where the insident happened. Two police officers a female and a male showed up and pushed their way thru the door and started searching the residence without a warrant. Do they need one? After this the female officer remained with the wife and the male officer prosceeded outside were the husband happened to show up. He the officer looked at the husband and happen to see that he had a mark on his face. They arrested the wife for assault and batterie. They never read her , her rights. When the wife was going to be removed the male officer asked the husband to go away and get into his car. This was at night. The big question is the following. When she was released on bond she was given the police report. The report was written by the female police officer that remained in the residence all the time and never even saw the victem in this case the husband. The female officer wrote that she saw the victem and that he had marks in his face....something she never saw!!!!!! Never mentioned that there was another officer with her. If you read the report basicly she was the only one there. She had the report notarised basicly stating that the above is correct and that she signed it. Isnt this purgery? Do we have a case here to have the charges dropped? Please advice me what we can do?


-how do you know the officer did not see the victim? could the officer have gone back and contacted the victim later?

-also, if the other officer was only a back up officer and assisted the primary officer, but did not conduct any investigations, then he does not need to be in the report other than to show that he was present on scene.

-miranda only applies if she was asked questions after being taken into custody. prior to that, the questions are investigative to see if a crime has been committed.

-your post shows no evidence that the officer committed perjury.

Tyris
 
T

tonypg

Guest
Re: Re: Is this purgery

TYRIS said:




-how do you know the officer did not see the victim? could the officer have gone back and contacted the victim later?

-also, if the other officer was only a back up officer and assisted the primary officer, but did not conduct any investigations, then he does not need to be in the report other than to show that he was present on scene.

-miranda only applies if she was asked questions after being taken into custody. prior to that, the questions are investigative to see if a crime has been committed.

-your post shows no evidence that the officer committed perjury.

Tyris
I was at the scene when this was taking place. The male officer was the one who made the investigation and had the female rookie write the report. She signed the same as if it was her who made the investigation. The daughter of legal age stayed at the house and states that there was no further contact with the quote on quote victim. The daughter and I were outside waiting for the officer to do what he had to do. We both witnesed that it was the male officer who made the investigation. Can they cover up as to whom was the primary? Even the victim stated that he never saw the female officer. Do you understand what I am trying to say? If I am not explaining myself , please let me know.
 

TYRIS

Member
Re: Re: Re: Is this purgery

tonypg said:

I was at the scene when this was taking place. The male officer was the one who made the investigation and had the female rookie write the report. She signed the same as if it was her who made the investigation. The daughter of legal age stayed at the house and states that there was no further contact with the quote on quote victim. The daughter and I were outside waiting for the officer to do what he had to do. We both witnesed that it was the male officer who made the investigation. Can they cover up as to whom was the primary? Even the victim stated that he never saw the female officer. Do you understand what I am trying to say? If I am not explaining myself , please let me know.

-i understand perfectly...

the female officer may have been the other officers trainee. if this was the case then she writes the report. this happens all the time. if one officer tells another officer something then it is taken as fact under the good faith rule. usually in those instances the reporting officer will state in the report that they were advised by the other officer, but not always.

regardless, your relative needs an attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top