kparker
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Can a police officer lawfully order someone to enter their home if they are outside?
- Thread starter Grim_Night
- Start date
Grim_Night
Regular Member
I'm actually debating on filing a suit against the city of Lakewood and the Lakewood PD for the civil rights violations. There was clearly a violation of my 4A protected rights.
davidmcbeth
Banned
I never had cops remove one set of cuffs for another for my personal comfort lol..usually a club in the head !
The cop just walked up and arrested you? For obstruction? I don't think that the first and subsequent contacts prior to the arrest will have a significant bearing on the case as they don't seem to be too directly connected in time or place.
If you were detained for > 30 minutes then I would certainly recommend you examine the possibility of a civil suit further.
I would not have taken a dismissal w/o prejudice .. only a dismissal w/prejudice. If the DA wanted to pursue it further he would be risking his license to practice law. But your consul likely said "take it and run". I understand.
Its terrible what happened ... it could have been much worse if a cop whose wife just left him that day was working.
The cop just walked up and arrested you? For obstruction? I don't think that the first and subsequent contacts prior to the arrest will have a significant bearing on the case as they don't seem to be too directly connected in time or place.
If you were detained for > 30 minutes then I would certainly recommend you examine the possibility of a civil suit further.
I would not have taken a dismissal w/o prejudice .. only a dismissal w/prejudice. If the DA wanted to pursue it further he would be risking his license to practice law. But your consul likely said "take it and run". I understand.
Its terrible what happened ... it could have been much worse if a cop whose wife just left him that day was working.
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DocWalker
Regular Member
I WOULD FILE OR THEY WILL CONTINUE TO TRAMPLE LAC's RIGHTS.
Let me know I will send you some money for a lawyer.
They were pissed you didn't submit to their percieved power of the badge.
sudden valley gunner
Regular Member
Grim_Night
Regular Member
Ok so... I've decided that I want to pursue a civil lawsuit against the city of Lakewood and the Lakewood PD. Does anybody have experience with starting the process pro se?
sudden valley gunner
Regular Member
Go get the damages claim from the city.
TechnoWeenie
Regular Member
It was dismissed with the ability to be brought back because when you sue them....they will charge you again.... and offer to drop the charges if you drop your suit. Completely illegal...but happens every day.
If they pull that ****....nail them to the wall for it..
Grim_Night
Regular Member
So... I just got home from the Lakewood city hall/court house. It's been over 30 days since I requested the records regarding my case and I still had not received the documents that I had requested. So I went to complain. Seems they filed my request as an FOIA request instead of a discovery request. Once I corrected them on this issue, I had the documents in hand within 10 minutes...
But there's a catch... seems that they only gave me 3 pages for certain things. there were 2 sets of "page 1 of 2" and 1 set of "page 1 of 3" I wanted the other 4 pages that I should have gotten. Was told I needed to go to the court to request those pages. So I did. After giving the court employee my information, I found out that I have a $5000 warrant out for my arrest. Why? Because I was suppose to appear in court on the 29th of April. But I never received notice of such appearance requirement. Here's why... On the 15th of April, the judge asked me if the mailing address they had on file was correct. I said no. He asked me what my address was. I told him.
Guess what happened... They sent the damn notice to the wrong address. Not only was it the wrong address, it wasn't even close to my mailing address. My mailing address is on Pacific ave. in Tacoma. I have no clue where they sent it to but I know for a fact that it wasn't mine. The court employee asked me what my mailing address is. I told him and even showed him an unopened piece of mail I just received today from Group Health with my mailing address. He said "well that's not what we have on file." No duh Sherlock! He then started telling me about how I needed to contact DoL and update my information with them. I told him that I had already done that... MONTHS AGO! He even checked his computer and sure enough, the DoL has my current mailing address!
So, now I have to go back to court again on the 29th to quash the warrant because of their incompetence. And after that, I have to go to court again to deal with the prosecutor refiling the charge that was dismissed... Your tax dollars at work folks!
:edited a typo:
But there's a catch... seems that they only gave me 3 pages for certain things. there were 2 sets of "page 1 of 2" and 1 set of "page 1 of 3" I wanted the other 4 pages that I should have gotten. Was told I needed to go to the court to request those pages. So I did. After giving the court employee my information, I found out that I have a $5000 warrant out for my arrest. Why? Because I was suppose to appear in court on the 29th of April. But I never received notice of such appearance requirement. Here's why... On the 15th of April, the judge asked me if the mailing address they had on file was correct. I said no. He asked me what my address was. I told him.
Guess what happened... They sent the damn notice to the wrong address. Not only was it the wrong address, it wasn't even close to my mailing address. My mailing address is on Pacific ave. in Tacoma. I have no clue where they sent it to but I know for a fact that it wasn't mine. The court employee asked me what my mailing address is. I told him and even showed him an unopened piece of mail I just received today from Group Health with my mailing address. He said "well that's not what we have on file." No duh Sherlock! He then started telling me about how I needed to contact DoL and update my information with them. I told him that I had already done that... MONTHS AGO! He even checked his computer and sure enough, the DoL has my current mailing address!
So, now I have to go back to court again on the 29th to quash the warrant because of their incompetence. And after that, I have to go to court again to deal with the prosecutor refiling the charge that was dismissed... Your tax dollars at work folks!
:edited a typo:
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sudden valley gunner
Regular Member
They did it on purpose they know what they are doing.
Grim_Night
Regular Member
I'm not sure I understand what you mean by this SVG. The documents I received yesterday include 3 "complaints" and multiple police reports. All of the police reports in fact back up my account of the events of April 2nd.
At this point, with everything that is going on, I am now looking to add malicious prosecution to the list of "offenses" associated with this issue when I file an official complaint and/or file a lawsuit against the city and the LPD. I'm also pretty sure that I can raise a claim regarding the records request made for the purposes of discovery as well as the warrant issued because they screwed up and didn't notify me in an appropriate way of my requirement to appear in court.
carolina guy
Regular Member
Didn't you say you had an attorney for the Obstruction charge? Shouldn't they have notified you AND your attorney? If so, your attorney should be the one making this go away.
BTW Grim, while i know this is extremely frustrating, but I want to extend my sincere appreciation for sharing your plight as i have found it fascinating at the gyrations going on within Lakewood's judicial system and i empathize with you completely, but am truly glad it isn't me trying to rope the greased pig.
that said, have you contacted someone from 2nd amendment for either legal or financial assistance? additionally, let me join Doc walker, and let me know if you set up a fund to pursue this case.
ipse.
that said, have you contacted someone from 2nd amendment for either legal or financial assistance? additionally, let me join Doc walker, and let me know if you set up a fund to pursue this case.
ipse.
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sudden valley gunner
Regular Member
Not positive how it works in your city but in mine ( I think it's state law) I had to file a damage claim with the city, I did so with the advice of an attorney. Then they have so many days to reply to your claim. In my case they worked out a settlement agreement with me and my attorney, which I required they be trained. Then when they harrased John he got 10 times as much as me....because they absolutely had no leg to stand on.
Grim_Night
Regular Member
Ok so here's an update. My lawyer and I are pushing this case to trial. In fact, my trial date is August 20th 2014, starting at 8:30 in the morning. My lawyer says that my case is one of the better ones he has had in the last year. He thinks we have a good chance of winning but it really falls down to what the 6 people in the jury think. I will not get into any details here regarding what we (my lawyer and I) will be bringing up in court but I invite anyone that is interested to attend the trial which I am told should only be 1 day. I welcome any that want to attend and lend their moral support.
I know that this is a bit short notice but it would mean a lot to me if some freedom and rights loving friends would sit behind me while I face the officers and city while I defend my actions or lack there of regarding my arrest. Please join me if you can. All I ask is that you be professional and dressed appropriately.
Slight edit:
I will most likely be in the parking lot of the Lakewood Municipal court about 7 AM.
I know that this is a bit short notice but it would mean a lot to me if some freedom and rights loving friends would sit behind me while I face the officers and city while I defend my actions or lack there of regarding my arrest. Please join me if you can. All I ask is that you be professional and dressed appropriately.
Slight edit:
I will most likely be in the parking lot of the Lakewood Municipal court about 7 AM.
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Grim_Night
Regular Member
So, I was fund guilty yesterday. Seems the judge, the police and the prosecutor seem to think that in part, the police were trying to protect me. The
judge even made a comment about me preventing the police from performing their "community caretaker" duty. All of this despite the fact that many high courts across the country have ruled that police are not obligated to protect the individual citizen.
The court also ignored the fact that my lawyer repeatedly proved through testimony of the officers that they had no legal authority to force me to cease exercising my constitutionally protected right to observe and record the police and force me to go inside where I would not be able to observe and record the police.
My lawyer even through testimony of the K-9 officer proved that he could have continued to track the suspect they were searching for if I was the only one that had been standing in the location that I was standing during the entire incident but, because there were multiple officers that were constantly approaching me and standing in my location, their added presence added to the difficulty of tracking.
There were a lot of "possibilities" in the prosecutor's case but no definites. It was all a matter of "I might have interfered" but no "I absolutely did interfere". So I was found guilty on a chance that I interfered.
As far as the sentencing went, the prosecutor originally offered me a plea deal of $300 and 1 year of being crime free and then the whole thing would be dismissed. I ended up getting 5-10 days in jail, $1000 fine and 2 years of "supervision".
I'm appalled at the state of our justice system where somebody can be found guilty of "willfully" hindering or delaying police which requires intent when in fact, my intent was simply to observe and record passively.
My lawyer is already working on the appeal and a stay of sentencing.
judge even made a comment about me preventing the police from performing their "community caretaker" duty. All of this despite the fact that many high courts across the country have ruled that police are not obligated to protect the individual citizen.
The court also ignored the fact that my lawyer repeatedly proved through testimony of the officers that they had no legal authority to force me to cease exercising my constitutionally protected right to observe and record the police and force me to go inside where I would not be able to observe and record the police.
My lawyer even through testimony of the K-9 officer proved that he could have continued to track the suspect they were searching for if I was the only one that had been standing in the location that I was standing during the entire incident but, because there were multiple officers that were constantly approaching me and standing in my location, their added presence added to the difficulty of tracking.
There were a lot of "possibilities" in the prosecutor's case but no definites. It was all a matter of "I might have interfered" but no "I absolutely did interfere". So I was found guilty on a chance that I interfered.
As far as the sentencing went, the prosecutor originally offered me a plea deal of $300 and 1 year of being crime free and then the whole thing would be dismissed. I ended up getting 5-10 days in jail, $1000 fine and 2 years of "supervision".
I'm appalled at the state of our justice system where somebody can be found guilty of "willfully" hindering or delaying police which requires intent when in fact, my intent was simply to observe and record passively.
My lawyer is already working on the appeal and a stay of sentencing.
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Grim_Night
Regular Member
I don't have any details as of yet. I do know that this is a constitutional issue as I have made my lawyer focus on that issue. There is also a basis for appeal because in reality, the city flat out failed to prove their case regarding the fact that I willfully interfered or delayed the police.
sudden valley gunner
Regular Member
Sorry you were a victim of the statist courts.
Grim_Night
Regular Member
What is the most relevant case regarding "police having no duty to protect"? I ask because the judge in my case seems to think that I interfered with with.
Fallschirjmäger
Active member
Warren v DC
Police officers, armed with deadly weapons, chemical weapons, impact weapons and electrical discharge weapons are the very LAST people I want caretaking in my community. They're equipped to harm, kill, and arrest.
I want someone skilled in taking care of me, send in the fire department and EMT's if you're worried about my well-being.
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