Domestic Dispute Mix-Up

This post was shared via CopBlock.org’s submit page, anonymously. 

This morning, my husband and I woke up to someone pounding on our door. When we answered it, there were several police officers in the hallway of the building we live in. They asked us to step outside and wouldn’t let us close the door. Without telling us what was going on, they separated us by bringing me inside while keeping my husband outside (note: brought me inside, I did not bring them inside).

The officer with me looked through my bathroom, kitchen, and living room before telling me what the problem was. He told me that my father had called the police saying that my “boyfriend” hits me. I told the officer that no one hits me; the officer then inspected my face which was obviously not beaten. He asked me for my ID and the name of my father and I gave him both. He was very rude to me and continued to ask me about my father, when I spoke with him last and how my relationship with my “boyfriend” was. He repeatedly told me, “We’re here for a reason.”

He searched our computer room (he opened the door to the room after asking me who was in there, to which I replied no one), and then our bedroom. He continued to ask me who else was in the apartment. even though I kept telling him no one else was there. It was as if he was trying to trip me up. Eventually, after a time of questioning, another officer entered my apartment and called me by a different name. I told him that person lived next door. During this time, they were also questioning my neighbor and she eventually revealed to them that she was in a violent situation. They left our apartment and thanked us. These men invaded my apartment and treated me like a criminal while operating on insufficient information about their purpose.

Is this a common occurrence with domestic abuse calls? To search the wrong home? I was terrified and my husband wasn’t allowed to use the bathroom (like I said we woke up to this). I feel as though these officers made a mistake and my husband and I took the brunt of it.

EPN

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  • Jason Free 123

    More fucking bullshit. The officer said they got a call from your father that your boyfriend was hitting you. You tell them your boyfriend doesn’t hit you. Then you go on to say you and your husband were terrified. Do you have a husband or a boyfriend? A fucking domestic violence call is serious fucking business and potentially the most violent confrontation for law enforcement. Women have lied to police about who is in their apartment because the boyfirend said he would kill her or her family if she spoke out. If this even happened they thanked you and went next door. What’s the fucking big deal.

    Ron Paul syas, “All activist lie all the time everytime”.

  • Buspass

    Did you really struggle with that one, JF? She never referred to him as her “boyfriend.” It’s especially amusing since the cops are the ones who made the major error here, but you want to try to split hairs (that don’t exist) on husband vs. boyfriend.

    Hilarious! Life must be tough for you.

    BTW, Ron Paul never said that.

  • Casual Observer

    To the author of this post:

    Please write down in as much detail (and have your husband do the same) exactly what happened during this incident. Include as much information relating to who, what, where, and when, as you can possibly remember. Any details regarding the names, badge numbers, or physical descriptions of the officers involved are also fairly important… so be sure to concentrate on that information.

    After compiling this collection of facts, contact the nearest office of the ACLU and ask for the names of attorneys in your area who specialize in civil rights law. Once you have that list, begin to look for an attorney to represent you in a civil action against the police agency and officers involved in this incident.

    If the story you’ve presented is factual, then you’re probably entitled to at least a five-figure settlement.

  • Keith

    Simply put, you should not have allowed them in without a warrant. You could have said no, they would have had to have him come outside the appt. for questioning, and none of this would have happened. Even though he took you inside instead of you letting him in, you would have needed to just open the door, holding it, then said no to coming in and stepped outside.

  • certain

    Ron Paul really said, “Prove I said that, slappy”.

    Then Ron Paul said, “Prove it’s not you molesting my goats, slappy.”

    And the last statement by Ron Paul?

    “Stop claiming I said stuff, slappy, or I will sue you. You sick bestiality video posting mother fantasizing pervert weirdo”.

    Boy, slaps, I don’t think old RP cares for you much.

  • certain

    That must have been fucking classic –

    Knock, knock –

    N-“Yes?”

    PD-“We’re with the police. We’re sure you’re neighbor is a victim of domestic violence. What do you know about that?”

    N-“No, her and her husband seem to have a great marriage. I hardly have ever even heard them argue.”

    PD-“I think you’re lying. Who are you protecting? You fucking the husband or something? Is that why he’s beating the bitch? He must be beating you as well, I notice you have a split lip and a black eye. Ho long are you going to go on protecting this asshole?”

    N-“Well, actually it’s my husband who’s beating me, not the neighbor.”

    PD – “Stop lying. We received a report. Reports are never wrong, or we would constantly be kicking down wrong doors and terrorizing innocent people”

    LOLOLOL. This comedy could go on for hours. Beats (pun absolutely intended) the Keystone Cops capers hands down.

  • Shawn

    Why is it USPS has such high accuracy delivering my junk mail, and police look like jethrow Bodine as a LE officer?

    Mostly this looks legit, except they can’t get an address right. Just think, this could have easily been a mistaken raid.

  • t

    Offender: Who’s civil rights were violated and how?

  • Jason Free 123

    Annonypussy buspass – I’ve seen fucking cunt activists like you split hair thinner then this. Especially when it’s activists who are the ones who break the law. The cops made a mistake. Big fucking deal and that is if this story is real. You activists will believe anything.

    Annonypussy certain – Still at it. Trying to take the spot light off of yourself because you got busted. I love watching you make a fool out of yourself. Especially since you beat up your mom last weekend. You have never denied that. You have never denied you were busted fucking goats and other barnyard animals. Now you try the childish ploy of Ron Paul says this or that. I’ve asked you to prove it and you haven’t. Of course it’s not the first time you have been busted. You have been caught in lie after lie. If all you can do is play the childish Ron Paul said this or that, then you have just continued to admit your sick fetishes and woman beating problems. You must be very proud miss.

    Ron Paul says, “All activists lie all the time everytime”.

  • Casual Observer

    /\ NOTE: “t” can’t even get the names of posters correct, even though they’re included on each comment. He can’t spell either.

  • t

    Oh. My bad. Ok idiot, you answer it then.

  • Public Offender

    If she did not consent to the search, her Fourth Amendment rights were quite likely violated. I can’t say they definitely were because I have limited information.

    From the post it appears she did not consent and no exigent circumstances justified a warrantless search of her home. And yes, legal scholars, I know a house can be swept to ensure no one is hiding in a closet with a gun, but if the initial entry is unlawful, the exception does not apply.

    The remedy for an unlawful search is exclusion. But as they collected no evidence and didn’t charge her, that remedy is inapplicable.

    Her civil recourse is effectively nil as there were no damages, and while the encounter may have been rude or intrusive, no judge is going to penalize the officer’s actions for public policy reasons. And from the post he didn’t really “search,” it was more of a peek.

    Taking her story at face value, the officer was rude, invasive, and aggressive. Yes, and water is wet, the sky appears blue, and the sun rises in the east. The intrusion was minimal (by judicial standards) and was in response to a reported domestic abuse situation.

    Her experience will be deemed an inconvenience, at best, and a judge will not want to discourage a police officer from investigating a potential domestic abuse allegation.

    Bottom line: the “search” was quite probably unlawful, but no harm, no foul, no case.

  • certain

    Slaps, admit it dude, you need help. Your hallucinations and fantasies have spun way out of control. I mean really slaps, bestiality videos and mothers? LOL, that’s pretty sick, weirdo.

  • steve

    yes it is a common occurance for the cops to get the address or incorrect info and go to work on the wrong person.

  • Casual Observer

    Public Offender is incorrect, as any knowing violation of civil rights is in and of itself damage. To dismiss this simple tenet is to deny the value of those rights in the first place, and although it may not interest a judge… it would interest a jury in a civil case.

    I’m guessing that the incident described above, probably involved officers a lot like those in this video:

    http://www.youtube.com/watch?v=–GNUZQZfxI

  • d0nj3nko

    @ Jason Free bulshit man!!! You lie about everything while trying to discredit everything that is said about the police. You and the police have even less credibility than drug dealers… You are now the scum of the Earth and it is highlighted by the fact you say Ron Paul said activists lie…
    Ron Paul said the Police and their pathetic little brown nose puppets lie all the time and you demonstrate that fact regularly!!!
    God bless us all…

  • Jason Free 123

    Annonypussie certain – Still trying to take the spot light off of yourself. Your mom sent me more videos of you getting caught raping goats and farm animals. She also sent me one when you and your family vidisted yoru folks and you got fucking drunk. You became angry at your mom and you slapped her hard across the face. Why did you do that fucker? What is your problem? Are you treating your goats and barnyard animals like that? Your mom should have you thrown in jail. Hopefully she will come to her senses and have you arrested. You beat up on women because you are a pussy coward. Only a pussy coward who beat the hell out of your mother and then run down to the nearest farm and rape the animals would act like you do. You are a sick fuck.

    Annonypussy d0nj3nko – Oh look, the Jew hater is back. Why would I care what a biggot like you says? Do you honestly think your comments matter? You are just another biggot who likes to light crosses and threaten Jews. Anything you say is a lie. You are the scum of the Earth. Everyone on this board knows you are a jew hater and racist. No one engages a conversation with you because you are a racist piece of fucking shit. Please do everyone a favor and kill yourself. There would be no tears shed for a fucking cunt nugget like you

    Ron Paul says, “All activists lie all the time everytime”.

  • Common Sense

    Bullshit #301

  • certain

    Slap, honestly dude, there are medications that will help some. I think you’re way too far gone into your little fantasy world, but anything which might help you to not be a danger to yourself or goats would be a step in the right direction, anyway.

  • certain

    And by the way, slaps, donstanko doesn’t hate Jews, he hates Zionists. You should really try to hook up with him, I think you 2 have a lot more in common than anybody other than your respective mental health providers might realize.

    Ron Paul says slapps and donstanko are both nutso.

  • certain

    No CS, I think you’re comment is the 309th time you’ve spewed bullshit out, but my count might be wrong.

  • Common Sense

    Don’t be a bitter certain, its not only that I am right more often than you, its just that you know, deep down, that I am better than you.

    Accept it.

    Learn to cope.

  • certain

    LOL, well, it’s your story and you get to tell it, I guess.

  • t

    Offender gets a gold star. Sort of. If the father gave them the wrong address….they’re OK. A protective sweep of the apartment to insure that there aren’t any other people is proper conduct. Its not considered a “search”. Imgive ya 2/3 of a star.

  • Casual Observer

    /\ Obviously, the new shift at “t” cannot spell either.

  • Shawn

    @CO

    “Her experience will be deemed an inconvenience, at best, and a judge will not want to discourage a police officer from investigating a potential domestic abuse allegation. ”

    The problem with that is that as long as it gets shrugged off, cops will continue to “inconvenience” people’s rights. They are too comfortable with doing so, and now look for ways around rights instead of working to safeguard them. Our rights are now an inconvenience for cops.

    @T
    “A protective sweep of the apartment to insure that there aren’t any other people is proper conduct.”
    Agreed with that, as far as it goes. And sounds like that is all they did, THIS TIME. But we’ve had videos of cops doing such sweeps, with reports of more, and spend their time sniffing ash trays and looking into drawers. That crosses the line from a safety sweep into a warrantless search. A practice cops seem quite comfortable with.

  • Public Offender

    Casual Observer, a jury would never hear this as it wouldn’t survive summary judgment…

    “In order to recover compensatory damages, however, the § 1983 plaintiff must prove not only that the search was unlawful, but that it caused him actual, compensable injury…” Jay C. Smith v. John J. Holtz, Bureau of Technical Services, Pennsylvania, 87 F.3d 108 at para. 12 (citing Heck v. Humphrey, 114 S.Ct. 2364, 2372-73 n. 7).

    But, hey, I’m just relying on legal research which isn’t as reliable as wikipedia…

  • Public Offender

    T, you’re wrong. They did not have an arrest warrant for a resident of her home and had no authority to enter the home without consent, probable cause based on direct observation, or exigent circumstances.

    A call from a stranger by itself cannot establish reasonable, articulable suspicion, let alone PC.

    If they’d have come to the house and observed she’d been beat up, crying, and acting scared of someone in her house, different story – literally, as this story has absolutely no lawful reason the police could enter her house without consent.

    Just because the police regularly push their way into people’s houses doesn’t mean they have a lawful reason to enter..

  • Shawn

    @PO

    The problem is that that makes rights nothing but a suggestion. And we all know what cops think of the suggestion of respecting other people’s rights. They wipe their ass with the Bill of Rights.

    Either we have rights, or we don’t.

  • RadicalDude

    Any act of violence is inherently injurious, they 100 per cent should sue, hearsay absent corroboration does not equal probable cause. There is also the issue of negligence.

  • Public Offender

    The courts have eviscerated the Fourth Amendment… And no, RD, I don’t want to get into a discussion about reification! :-)

    Damage was either caused or it wasn’t. The action’s inherent injurious nature is irrelevant.

    Anyway, the cop will say she let him in and his buddy will back him up… So no damage and factual differences with 2 witnesses on each side?

    Lawsuits aren’t free; they drain your time, money, energy, etc.

    Side Note: I like when “regular” citizens have interactions like these with the police. No, not because I’m a sadist, but because it opens their eyes to how the criminal system actually operates…

  • RadicalDude

    Being the victim of a violent crime is an injury, they were at least terrified, held against their will, traumatized, etc. Those are palpable injuries. If a non-cop had invaded their home and falsely imprisoned them, would that be an injury? Would it be enough to show a distinct an palpable injury-in-fact sufficient for a cause of action/corpus delicti?

    http://warshawskylawfirm.com/lawyer/2012/12/11/Civil-Rights-Law/Civil-Rights-Lawsuit-Against-NYPD-For-Unlawful-Search-of-Private-Home-To-Go-To-Trial-In-Brooklyn-Federal-Court_bl6107.htm

  • Public Offender

    I agree, Shawn, but the remedies available to us through the courts are limited, pursuing them is expensive and time consuming, and the chance of success in qualified immunity cases, or their subsequent appeals, is slim to none.

    I mean, who do you think the legal system is designed to protect? The government provides rules about when is it liable and then gets to decide whether or not your facts and circumstances meet the rules or whether they’ll just carve out another exception.

    The game is rigged, man! You know that!

  • Public Offender

    “If” is not the question before us, though. The story above is a lesson in what it’s like in the real world and not CSI. Actually, she got the marshmallow coated Disney version of the real criminal system… She received a valuable lesson for a low transactional cost and she should consider herself fortunate…

  • RadicalDude
  • RadicalDude

    Qualified immunity doesn’t apply here, it has been clearly established that this was an illegal home invasion. The criteria for qualified immunity is that the conduct in question had not been “clearly established” at the time as illegal.

  • Public Offender

    Read the complaint at the site you linked (not the opposition brief, but the complaint).

    The guy flat out told the cop he couldn’t come in and the cop forced his way in. Then the cop grabbed the guy, pushed him up against the wall, screamed at him, and threatened to arrest him.

    It’s an interesting read; good find!

    There’s more after that, but I have court in the morning and have to actually get some sleep. But you can see the story posted above is very different from the story you linked to from just those factual allegations as detailed in the complaint.

  • Public Offender

    Qualified immunity is the defense and is a two prong test.

    1. Clearly established law?
    2. Reasonable officer think he wasn’t violating the law?

    So even if clearly established there’s the whole “arguable probable cause” standard. And from the police response, they believe they would have had PC… Wrong, but as long as it’s “arguable.”

  • Public Offender

    I meant from the police response is this forum.

  • Public Offender

    Typos, run ons, I gotta get to bed…

  • RadicalDude

    And how is it “arguable”. It was clearly established at the time that uncorroborated hearsay is not grounds for probable cause. Why would we presume, then that a “reasonable” officer would could conclude that it did?

  • RadicalDude
  • RadicalDude
  • RadicalDude

    I’m thinking about writing a book on the topic of suing the police.
    Working title:
    How to Sue The Cops and Win Without a Lawyer.

  • t

    Offender & RD: You guys must have read a different article than I did.

  • Shawn

    @PO

    ” Side Note: I like when “regular” citizens have
    interactions like these with the police. No, not because
    I’m a sadist, but because it opens their eyes to how the
    criminal system actually operates…”

    The badges here don’t see that. Many of these stories are no of activists, but regular people who thought copswere the good guys. I was one such. Fortunately, my education was cheep.

    Too many people just aren’t paying attention, until it is them.

  • Jason Free 123

    Annonypussy RadicalDude – Yeah, I would really like to see the book you would write. I’m sure you won’t use your real name. The book would be placed in the kiddie section of the book store with the crayons.

    Ron Paul says, “All activists lie all the time everytime”.

  • t

    Offender: Looked back at this and just saw your comment of 10/8@1033.

    Where do you practice? They didn’t need a warrant. Read up on some of your domestic violence laws and court cases. The. Read up on “good faith”.

    The officer and the initial caller weren’t wrong. They were both right. Here had been on-going domestic assaults. The caller just had the wrong house number for his daughter. It sounds like the officers quickly determined that the caller had given the wrong apartment. Happens all the time. As soon as that was determined the police apologized and left.

  • Shawn

    @T

    Where are you getting the caller gave the wrong address? It is more likely the police made a mistake, than the father didn’t know the address.

    Officials aways want to pass the buck on these mistakes.
    I went that round with a government clerk. She miss spelled my name on a forn, then claimed i had miss spelled my name telling it to her. Which is more likely? That I misspelled my own name, or she miss heard it?

  • RadicalDude

    “t says:
    October 9, 2013 at 10:32 am

    They didn’t need a warrant. Read up on some of your domestic violence laws and court cases.”

    Warrantless searches are presumptively unreasonable, Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980).

    Irrespective of whether the caller remained anonymous at the time of the warrantless entry, the court finds that reliance by the officers on the 911 call to establish exigent circumstances was, on this record, objectively unreasonable. -U.S. v. SIKUT

    An uncorroborated phone call simply is not grounds for a warrant-less home invasion. The cops broke the law.

  • John Q Public

    If this really happened, then why isn’t it on a legitimate news site?

  • Shawn

    @JQP

    You’re kidding, right? Alphabet media is not in the business of addressing police foul ups.

  • t

    It was t “uncorraborated”. It also wasnt a “search”.

  • John Q Public

    Shawn, really? They excel in it.

  • Public Offender

    @ T: I understand the “good faith” exception. Notice how it’s not called the “good intentions” exception? Nor is it called the “domestic abuse” exception.

    On what should we base the officer’s subjective “good faith?”

    Is his defense he had good faith in a phone call from a stranger? A man he most likely never spoke to in the first place?

    So it would be “good faith” in the dispatcher’s “good faith?” in a phone call from someone claiming to be the father of someone who is abused by their boyfriend?

    He gets there and there is absolutely nothing to corroborate the third hand account he received, but he just “keeps the faith” and searches her house, anyway?

    It’s obvious to me the officer wanted to make sure she wasn’t being harmed – I get that. That’s the “good intentions” defense which is not, as far as I know, an exception to the warrant requirement.

  • Public Offender

    @ RD: I’m not presuming anything, I’m telling you the standard is called “arguable probable cause.”

    Arguable probable cause has been defined as follows:

    “Arguable probable cause exists where reasonable officers in the same circumstances and possessing the same knowledge as the Defendant could have believed that probable cause existed to arrest.” Rushing v. Parker, 599 F.3d 1263, 1266 (11th Cir. 2010).

  • Public Offender

    But lawful, unlawful, “good faith,” or not, T and I agree on one thing:

    There’s really nothing here.

    Change this, extrapolate that, add or subtract this or that fact, and sure, we could arrive at something egregious.

    But, rude or not, it appears to me the officer was doing what he thought was best to make sure she was safe.

    He didn’t rifle through her underwear drawer or toss her furniture.

    As I wrote earlier, it was more of a peek than a search.

  • Public Offender

    Also @ T: Do you think a police officer and a defense attorney are going to agree on what is or is not a lawful search? Ever? That’s why we have judges!

  • Jason Free 123

    Annonypussy certain – Now you support the racist d0njkn3o. You must be a racist yourself. You rape goats and barnyard animals and you beat your mom to a pulp. On top of it you are now racist. You are a real fucked up cunt. It explains a lot you racist goat raping mother beating prick.

    Ron Paul says, “All activists lie all the time everytime”.

  • RadicalDude

    “Public Offender says:
    October 9, 2013 at 3:55 pm

    @ RD: I’m not presuming anything, I’m telling you the standard is called “arguable probable cause.”

    Arguable probable cause has been defined as follows:

    “Arguable probable cause exists where reasonable officers in the same circumstances and possessing the same knowledge as the Defendant could have believed that probable cause existed to arrest.” Rushing v. Parker, 599 F.3d 1263, 1266 (11th Cir. 2010).”

    So, what factors are present within the knowledge of these officers that would lead a reasonable officer in the same situation to believe that “probable cause existed to arrest”, given that it was clearly established at the time that an uncorroborated phone call is not PC? Also, what court precedent is there that says “arguable” PC is grounds for immunity on a home invasion specifically?

  • RadicalDude

    “t says:
    October 9, 2013 at 1:09 pm

    It was t “uncorraborated”. It also wasnt a “search”.”

    So, what corroborating evidence was there, specifically?

    If they weren’t searching the apartment, then why did this happen:

    “The officer with me looked through my bathroom, kitchen, and living room before telling me what the problem was.”?

    He wasn’t “searching”, he had to take a dump and eat? Then why was he in the living room?

  • t

    I don’t know. You are just assuming that’s its uncorroborated. The author doesn’t know. Youare assuming. Clearly, the caller was correct about the assault according to the author. As for your “search”. Again, you have no idea what information the police had. From the authors description, her and her husbands evasiveness can easily give rise to suspicion. A protective sweep isn’t a search and isn’t held to the same standards. Guy, everything I be ever told you that you have taken time to research for yourself has been spot on…even according to you.

  • RadicalDude

    Not everything. Evasiveness? Like telling the cops that no one hits her and then telling them she wasn’t the one they were looking for? That’s evasive?

  • Public Offender

    RD: “When a law enforcement officer seeks summary judgment on the basis of qualified immunity, we only must ask whether, viewing the facts in a light favorable to the non-movant, there was arguable probable cause.” Moore v. Gwinnett County, 967 F.2d 1495, 1497 (11th Cir. 1992) cert. denied, 113 S.Ct. 1049, 122 L.Ed.2d 357 (1993).

  • Public Offender

    @ RD: I will repeat, how the fuck would I know what the officer’s basis for arguable probable cause was in this case? I wasn’t there and neither were you

    I did not say it existed in this case; I simply said it’s a legal standard.

  • Common Sense

    JQP,

    Its not on a legitimate site because this never happened.

  • John Q Public

    CS, that’s my whole point. The copblockers are defending fiction.

  • certain

    No slaps, actually I said he is as fucked up as you are, and you 2 should date. But I understand, you’re far too stupid to get meanings on the first go-around, you should have read it the usual 34 times so you’d have at least a 50% comprehension.

  • Jason Free 123

    Annonypussy certain – Still at it I see. I posted the videos your mom sent to me because she asked me too. She felt that might help you get motovated and get the help you need. Instead, you make childish comments that aren’t original, you have no support, and you beat the fucking shit out of your mom. You will more than likely end up with goat aids or something. Maybe even anthrax because of your behaviors. You support a racist whcih makes you a racist. You really have some problems Mr. Goat Fucker.

    Ron Paul says, “All activists lie all the time everytime”.