Police brutality and injustice?

[mrauh1985]

What is the name of your state?What is the name of your state? California

Please, can someone inform me if my family's rights have been violated by local authorities. Here is the scoop, 07/10/2005 my mother has a medical condition known as Post Tramatic Stress Disorder related panic attacks, for those of you that are not familar with it, it is a condition in which my mother starts hypervenalating and can not breathe. She then must go to the hospital to be giving proper treatment. Anywho, she started having one of her panic attacks (brought on by what I dont know) and my 12 y/o sister witnessed it and called the ambulance. For some reason the EMT thought a police officer need be present, and called them to the scene. Well, when the officers arrived, they forced themselves into my house, threw my mother into our 90 y/o antique chair, causing it to break, and proceeded to arrest my mother. When my father came in and saw what was going on he demanded that they release her and take her to the hospital. The officers then began to chastise my father and threatened his freedom. Meanwhile, my mother is still in the midst of her panic attack and is in dire need of medical attention, which she did not recieve. The police took her into custody, without reading her her miranda rights, and held her there for five hours. When she was released,after posting a 50,000 dollar bail, my father had to come and pick her up. When they were pulling out of the station, the officers who had come to my house, then pulled them over and proceeded to take the vehicle for lack of my fathers license and my mother did not have hers with her( it was at home in her purse). The car was impounded and has a 30 day hold on it. My parents have a court date set for August 5th, in which they have no idea what for. All that my mother was asking for is medical attention and the local authorities barged in and left her with nothing but bruises, cuts and a new perception of the local authorities. My mother is still in question as for why she was arrested and what she was held in custody for. The officers say resisting arrest. How can she be resisting arrest, when they had no reason to arrest her? Is this fair? Does the court actually have a case and does anybody have any advice to which my family can use in Court? Please help!

If you need for info contact me at [email protected] ATTN: Melissa Thank you

 

[john123456]

What is the name of your state?What is the name of your state? California

Please, can someone inform me if my family's rights have been violated by local authorities. Here is the scoop, 07/10/2005 my mother has a medical condition known as Post Tramatic Stress Disorder related panic attacks, for those of you that are not familar with it, it is a condition in which my mother starts hypervenalating and can not breathe. She then must go to the hospital to be giving proper treatment. Anywho, she started having one of her panic attacks (brought on by what I dont know) and my 12 y/o sister witnessed it and called the ambulance. For some reason the EMT thought a police officer need be present, and called them to the scene. Well, when the officers arrived, they forced themselves into my house, threw my mother into our 90 y/o antique chair, causing it to break, and proceeded to arrest my mother. When my father came in and saw what was going on he demanded that they release her and take her to the hospital. The officers then began to chastise my father and threatened his freedom. Meanwhile, my mother is still in the midst of her panic attack and is in dire need of medical attention, which she did not recieve. The police took her into custody, without reading her her miranda rights, and held her there for five hours. When she was released,after posting a 50,000 dollar bail, my father had to come and pick her up. When they were pulling out of the station, the officers who had come to my house, then pulled them over and proceeded to take the vehicle for lack of my fathers license and my mother did not have hers with her( it was at home in her purse). The car was impounded and has a 30 day hold on it. My parents have a court date set for August 5th, in which they have no idea what for. All that my mother was asking for is medical attention and the local authorities barged in and left her with nothing but bruises, cuts and a new perception of the local authorities. My mother is still in question as for why she was arrested and what she was held in custody for. The officers say resisting arrest. How can she be resisting arrest, when they had no reason to arrest her? Is this fair? Does the court actually have a case and does anybody have any advice to which my family can use in Court? Please help!

If you need for info contact me at [email protected] ATTN: Melissa Thank you

There is A LOT more to this story.

 

[CdwJava]

Agreed. The cops didn't just show up, force entry, and start tossing mom around without someone alleging something.

Let's here why the cops might have done what they did ... what do THEY say?

- Carl

 

[AmosMoses]

Melissa,

There are a few people here that could possibly give you a little help, but you have GOT TO come clean with what happened. If you are absolutely adamant that this is what happened, how about telling us what the cops are alleging that happened.

 

[stealth2]

I'd bet a lot of it hinges on what the 12yo told 911.

 

[Happy Trails]

I'd bet a lot of it hinges on what the 12yo told 911.

I agree, sounds to me the mom and 12 year old had some sort of confrontation, which triggered mom's attack.

 

[mrauh1985]

first off i was not there, i dont live at home, but you guys do not know the hemet police apparently. I myself have been in situations and been treated badly by the police. I am just going by the story that my mom and sis told me. both the same story, nothing triggered the panic attack except memory. I believe my family because the police here suck and overreact to everything.

 

[CdwJava]

first off i was not there, i dont live at home, but you guys do not know the hemet police apparently. I myself have been in situations and been treated badly by the police. I am just going by the story that my mom and sis told me. both the same story, nothing triggered the panic attack except memory. I believe my family because the police here suck and overreact to everything.

I know some officers in Hemet and I don't have the same opinion of them as you do.

You know what you have been told. You don't know what the officers saw or had been told. If there is a case here, then your mom can hire an attorney to deal with it.

- Carl

 

[CdwJava]

Here is the scoop, 07/10/2005 my mother has a medical condition known as Post Tramatic Stress Disorder related panic attacks, ... Anywho, she started having one of her panic attacks ... and my 12 y/o sister witnessed it and called the ambulance. For some reason the EMT thought a police officer need be present, and called them to the scene.

This frequently happens when (a) the "patient" is out of control or combative, and the medics fear for their safety or the safety of others, or, (b) they believe there is something else happening such as the patient being high on drugs or alcohol, or maybe the victim or suspect in an assault of some kind.

Well, when the officers arrived, they forced themselves into my house,

Why would they do that? Weren't the medics already there? If so, they had every right to enter. Also, if there was an exigent circumstance (someone screaming, sounds of a fight, reasonable belief that someone was in danger of hurting themself or another) they would have every legal right to force entry anyway.

threw my mother into our 90 y/o antique chair, causing it to break, and proceeded to arrest my mother.

Was she screaming, fighting, running around? Why would they "throw" her into a chair? What crime was she charged with when she was arrested?

When my father came in and saw what was going on he demanded that they release her and take her to the hospital.

He can "demand" anything - the police are under no legal obligation to even listen to him.

The officers then began to chastise my father and threatened his freedom.

He was probably interfering with them while they were in the middle of dealing with someone who was likely screaming and struggling. If he pushed it too far he could go to jail for resisting or obstructing an officer.

Meanwhile, my mother is still in the midst of her panic attack and is in dire need of medical attention, which she did not recieve.

Blame the medics - apparently they were there and chose not to deal with her.

Even the medics are not going to want to deal with someone who is screaming and/or fighting. Panic attack or not, the person can be dangerous and medics are not under any obligation to treat someone who is flailing about or screaming.

Also, the police are not doctors ... they were dealing with a woman who was out of control and like combative. To them she was a potential danger, probably a suspect, and possibly under the influence. They cannot sort this out while still inside the apartment dealing with angry family members.

The police took her into custody, without reading her her miranda rights, and held her there for five hours.

They only need to read her her rights when she is both in custody AND being interviewed. If there is a vioolation of Miranda then any statements made outside of Miranda cannot be held against her.

When they were pulling out of the station, the officers who had come to my house, then pulled them over and proceeded to take the vehicle for lack of my fathers license and my mother did not have hers with her( it was at home in her purse).

His bad for not having a valid license. Now ... how is HIS not having a license the police department's fault?? CA law permits us to tow the cars of suspended drivers or drivers who have never been licensed for up to 30 days. Many agencies require this of their officers - I do. Dad should have considered this when going to pick her up.

Hemet's a small town (relatively). And it's very likely the officers knew that he didn't have a license. When he came to pick her up, they knew he was unlicensed. It woul dhave been the same had they later found he had a warrant. He doesn't get a free pass because he's picking mom up at jail.

My parents have a court date set for August 5th, in which they have no idea what for.

Apparently for whatever charge she was booked for.

All that my mother was asking for is medical attention and the local authorities barged in and left her with nothing but bruises, cuts and a new perception of the local authorities.

No ... mom wasn't asking for medical aid, 12 y/o daughter called 9-1-1 and probably said mom was freaking out and needed the medics. When the medics arrived they thought something was wrong and called the cops. The cops acted how they did.

If she has a valid PTSD diagnosis on record, she might be able to get the case dropped in part or entirely ... or, as is more common, diversion with probation and mandated treatment to prevent a repeat.

My mother is still in question as for why she was arrested and what she was held in custody for.

Look at the booking paperwork or the court papers.

The officers say resisting arrest. How can she be resisting arrest, when they had no reason to arrest her?

PC 148(a) is resisting, obstructing or delaying a peace officer. It covers virtually any act in which a person fights or impedes the actions of a peace officer. If she barred them entry, fought with them, etc., she can be charged.

Is this fair? Does the court actually have a case and does anybody have any advice to which my family can use in Court? Please help!

They might have a case - I don't know. It all depends on what the medics and the cops have to say. My guess is that they do.

Your mom needs a lawyer yesterday.

If you need for info contact me at [email protected] ATTN: Melissa Thank you

And Melissa, your whole family wouldn't be in to smoking the reefer as you are, would they? I mean ... "herbaleyedgirl420"?

- Carl

 

[AmosMoses]

Amosmoses, ever the cynic to some (but mere realist to his own opinion), scratches his head and ponders the situation....

Amos realizes that this could possibly have happened just as the OP stated, but he realizes that, one, the OP was merely going on the word of two arrestees (one out on $50K bail) and one 12 y/o who precipitated the entire matter, and two, that the whole thing sounds so bizarre as to be laughable. So, Amosmoses hypothesizes an alternate scenario:

Mother and 12 y/o daughter get in a heated argument because 12 y/o stole mother's quarter oz. of Thai weed (that had been hidden not-so-well in mother's goat ChiaPet) and stayed out until the wee hours of the previous morning "partying" with two 16 y/o boys from the neighborhood, Morris and Lester. Mother is in full form, screeching to the 12 y/o that "You'll be drawing retirement before you get out of your room again, young lady! And, the NEXT TIME I catch you stealing my grass, I'm gonna rip your head off and stick it......(censored)!! AND ANOTHER THING: YOU STAY AWAY FROM THOSE TWO PUNKS FROM NOW ON! THAT'S ALL I NEED... MO, LESTER AND YOU AT AN ALL NIGHT POT PARTY, WITH MY POT!!!"

Not to be outdone, the 12 y/o states, simply, "You can't tell me what to do! I'll call the cops and tell them you hit me, you %$#*&, and you'll be spending the night in jail again just like you did last time you fooled with me!"

Mother grabs a "Graceland: Home of Elvis" mug off of the shelf next to her and hurls it at the 12 y/o, barely missing the nimble girl, who quickly barks back: "YOU MISSED ME, YOU MISSED ME, NOW YA GOTTA KISS ME - RIGHT-ON-MY-$%%, YOU OLD %*&^$!!!!" Then, the 12y/o scrambles out of the room, skillfully plucking the Fingerhut 1260 phone handset from the cradle as she passes it. She bolts to the front of the trailer and bails out OVER the broken front steps, right into yard and out into the relative safety of the trailer park, screeching "YOU OLD &^%$ING &*^%$! I HATE YOU, YOU NO GOOD *&#$ING PIECE OF $%*&! YOU CAN'T TELL ME WHAT TO DO!!!" etcetera...

The 12 y/o, smiling, dials 9-1-1, and still a tad upset, she SCREAMS into the handset "GARBLE...SCREECH!!!, WAHHHHHHNNNN!! WAAAAHHNNNN! GARBLE SCREECH SQUARK WAHHHHNN!! WAAAAHHHNN!! SCREECH GARBLE!! ...and she HIT ME WITH A ....SCREECH! HELP ME! THAT $%#@*!!! YES! HURRY!! HURRY!!! SHE'S TRYING TO KILL ME!!!! HURRY!! 1829 Bullcod Court, Unit 32-A! HURRY!!"

Woooooooooo-Wooooooo-WOOOOOOOOEEEEEEEEEEEE, sirens blaring, both EMS and two radio cars are dispatched to Bullcod Court, and in 4.5 minutes they arrive, like the calvary, wending their way down the lane, driving around two Big Wheels, a broken barstool, a bag of dirty diapers and a broken Ernest and Julio Gallo gallon jug, JUST LIKE the pylons in their defensive driving certification course! Proudly, they slide into slot #32-A, ready, willing and able to quell whatever disturbance is in progress, hoping to be in time to save the obviously distraught young caller.

Mother, hearing the gravel fly into the side of the trailer, sidles up to the front door (now hanging off of one hinge) and leans against the doorjamb, crossing her arms defiantly in front of her chest and drawing deep on her Virginia Slim Ultra Menthol Lite, smoke curling upward toward her half closed left eye, she screams, "WHAT IN THE GD H$%# DO YOU B@$T@RD$ WANT?! WHY DON'T YOU GO ARREST SOME REAL CRIMINALS AND LEAVE US ALONE?!"

Two officers get out of their vehicle, preceding EMS, and calmly state "I'm sorry, ma'am, but we received a 9-1-1 emergency call from this residence, and although unable to ascertain exactly what was going on, 911 dispatch felt sure that there was a disturbance, with injuries, here."

"THE ONLY DISTURBANCE HERE IS YOU STUPID SONSAB&^%#E$ IN MAH YARD!! NOW GET THE GD H$^% OFFA MY PROPITTY!!!" Mother barks, spinning around and running inside toward her other stash, fearful that the officers may find the 12 Valium and 40 Soma that she has tucked safely behind the Dollywood commemorative spice collection rack on the kitchen wall. However, as luck would have it, she tripped over that "old stupid GD rockin' chair" that her husband, Leroy, brought in from his job at Jingle's Salvage Yard and Tires Mounted And Balanced While U Wait. Cracking her shin on the chair and cracking the chair and the same time, she screams "WELL &*^&T*% *^% #@^ ^%*&^!! ^(%$#@ ^%###&! SCHREECH SQUAWK!! **&%$ !! ^$#^#^+(&!!"

The officers and EMS personnel, hearing the disturbance, run inside to help the poor woman. She spins around, grimacing and screaming what are by now only animal-like, gutteral noises, clawing and scratching at them, swearing that she is "gonna RIP OUT THIER GD EYES AN' SHOVE 'EM ....(censored...again)".

The 12 y/o, having copped a quick smoke and a feel with Mo behind Leroy's old broken down 1988 Chevy truck that's sitting on blocks behind the trailer, hears the commotion and runs around front only to see THE ENEMY, TWO CARLOADS A' NO-GOOD PIGS!!! She runs inside and jumps on the nearest officer's back, reaching around his face and trying to claw his eyes out. Mother REALLY joins into the fray now, and she turns into something akin to the Tasmanian Devil of cartoon lore....like a tornado, she plows into both officers and the EMS personnel, scratching, kicking, screaming, cursing and hurling epithets and flecks of spit. She cusses everyone in sight and lets the officers KNOW what the opinion of law enforcement is over here on Bullcod Court! Finally, however, she begins to tire, and just as the officers are about to get her under control and cuffed, Leroy drives up, having heard about the ruckus all the way down at Jingle's Salvage Yard and Tires Mounted And Balanced While U Wait.

Smoke boiling out of the tail pipe of his 1984 station wagon, Leroy arrives to save the day, trotting inside and telling the officers to "GET THE HAIL OUTTA MAH HOUSE!!! YOU AIN'T GOT NO BIDNESS UP IN HERE!!" Leroy, though, having done 2 to 5 in the can for aggravated assault in the past, realizes the wisdom of keeping his hands off of the police, and his threats veiled. He can't resist one last jab, however, as the officers are arresting Mother for resisting: He barks "You c'n jus' bet that ah'll be a'seein' BOTH uh you sonsab&^%&#$ again, and it ain't a gonna be nothin' nice when ah do! I KNOW whar both uh you AND YOUR FAMILIES live!!" The law enforcement officers cast a knowing glance at each other...they know that they will both be "a seein' Leroy ag'in", no doubt, but it won't be in the scenario that Leroy laid out!

So, Mother gets arrested, and the 12y/o and Leroy pile into the aged Woody and drive down to the lockup to pick up Mom, who has by now calmed down a bit. With Mom released on $50,000.00 bail, they all gather in the old car for the ride home, taking advantage of the time in the car to get their story straight. (Of course, Amosmoses sees no need to repeat this story, as the readers have all had a chance to review it for themselves in the original post). Almost home, however, Leroy sees those flashing red lights, and cursing and spitting, he pulls over. After being cited for driving without a license, driving without insurance, driving left of center, missing headlamp, missing tail light, misdemeanor possession of marijuana and possession of opossum out of season, Leroy, along with the fambly, walks home whilst the Woody is towed to the impound lot, coincidentally contracted by and located on the grounds of Jingle's Salvage Yard and Tires Mounted And Balanced While U Wait.

Arriving back home and encouraged by the neighbors over on Bullcod Court, the fambly decides to contact the firm of Shyster, Conniver and Flimflam, which is pretty easy to do considering that the Mother-in-law of Mr. Sneekin Conniver, Esq, lives in Bullcod Court! Although officially members of the California Bar, Shyster, Conniver and Flimflam are, well, let's just say somewhat of "outcasts" in the local legal community. Some may say it is because of their shameless solicitation and ambulance chasing, but true believers know that it is simply jealousy on the part of all the other lawyers in the area!

As we near the end of Amosmoses' hypothesized version of this incident, Amos would close with speculation that it was decided by the fambly that the most educated of the fambly, Melissa, would be tapped to do a little research on the 'Net just in case the story needed a little tweaking before it was officially testified to on the record. So, peering through half closed, heavy lidded and reefer fogged eyes, Melissa locates a free legal advice forum and pecks out the tentative version.

Amosmoses decides that his version is quike likely at the very least as probable to be factual as the original post is, but he asks the other readers to vote as to what they think....whose version do they more likely assess as factual....that laid out by the OP, or that as opined by Amos...and he thereby requests a vote!

Chuckling ever so slightly, Amosmoses reaches down and fingers his trackpad until the cursor hovers over the "Submit Reply" button... and then...he clicks it, his chuckle growing to a full fledged Mwaaahaaaa haaa haaaa! MWWWAAAAAHAAAAAAA HAAAAAA HAAAAAAAAA. HHHAAAAAAAA HAAAAAA HAAAAAAAAAA HAAAAAAAAAA!! MMHHHHAAAAAAAAAAAAAAAAAAA HAAAAAAAAAAAAA HAAAAAAAAA HAAAA!

 

[CdwJava]

Okay, now we MUST create a category for the 'Most Entertaining Reply'! Or, at least, 'Best Hypothetical'.

Very nice.

- Carl

 

[Curt581]

Amos, I've got a couple questions:

1. Who videotaped this adventure?

2. How did you manage to get a copy of the tape?

3. How many times did you have to rewind it to get all the details so perfect?

4. Why did you have to make me spew soda on my monitor again?

 

[AmosMoses]

Curt:

1) And old boy who used to be a Jerry Springer cameraman and who is now doing "private investigation" work.

2) I traded him an old pair of dirty underwear for it that I found on the road...I told him that it originally belonged to Britney Spears, and that I bought it off of eBay.

3) Three times.

4) Because, not only does soda clean smashed bugs off of the windshield of your vehicle, it ALSO serves as quite a nice surfactant to remove any boogers that may be festering along the underside of your monitor (especially if you have a 10 y/o little brother or son who uses your PC!)

 

[Curt581]

it ALSO serves as quite a nice surfactant to remove any boogers that may be festering along the underside of your monitor (especially if you have a 10 y/o little brother or son who uses your PC!)

Son.

Awwright, where did you hide the pinhole cameras?

 

[Veronica1228]

ROTFLMFAO!!!!!!!

Amos, you are too much! I missed you while you were gone!!!