Page 2 of 2 FirstFirst 12
Results 11 to 13 of 13
  1. #11
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,073

    Default Re: I Believe I Was Unlawfully Detained

    Quote Quoting antrc170
    View Post
    (Again, still playing devils advocate) The OP did mention that "tempers and voice levels escalated". The officer at the scene could claim that the OP was disturbing the peace.
    If this were one of my guys, I'd be all over them to study up on what constitutes reasonable suspicion and a lawful detention. This sort of action can cause the agency to lose a case or even get sued. Regardless of what bootstrap excuse the officer might come up with after the fact, if the incident is even half of what the OP describes it as, the detention was extremely weak at best, and entirely unlawful at worst. I suspect the latter.

    Since the OP was told that the reason he had to stay was that he was being forced to stay and talk to the sergeant, and there appears to be no further investigation or even MENTION of some form of public disturbance as a crime, I don't think that this excuse would hold water and would be nothing more than a lame attempt by the officer to justify the unjustifiable.

    The story as told indicates that the OP was detained solely to speak to the sergeant. Since not speaking to a police officer is hardly suspicion of criminal activity, there would appear to be no reasonable suspicion to justify any further detention.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  2. #12
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: I Believe I Was Unlawfully Detained

    Quote Quoting cdwjava
    View Post
    If this were one of my guys, I'd be all over them to study up on what constitutes reasonable suspicion and a lawful detention. This sort of action can cause the agency to lose a case or even get sued. Regardless of what bootstrap excuse the officer might come up with after the fact, if the incident is even half of what the OP describes it as, the detention was extremely weak at best, and entirely unlawful at worst. I suspect the latter.

    Since the OP was told that the reason he had to stay was that he was being forced to stay and talk to the sergeant, and there appears to be no further investigation or even MENTION of some form of public disturbance as a crime, I don't think that this excuse would hold water and would be nothing more than a lame attempt by the officer to justify the unjustifiable.

    The story as told indicates that the OP was detained solely to speak to the sergeant. Since not speaking to a police officer is hardly suspicion of criminal activity, there would appear to be no reasonable suspicion to justify any further detention.
    cdw - I completely agree. If the situation occurred as described I would be looking into serious discipline or termination. However weak the justification is, I am just presenting some possibilities. The reason given to the person has no bearing on the actual justification though. We both know that the police can and do lie to the public and suspects if it suits the immediate purpose of not escalating the situation. I've told people that the dispatch computer crashed, or that I read the wrong number the first time or some other b.s. while waiting for a ncic hit to be confirmed, etc.

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,073

    Default Re: I Believe I Was Unlawfully Detained

    Lying during the course of an otherwise lawful detention in order to preserve the peace is understandable. But, that does not seem to be the case here. I would not want to try and defend it, and I KNOW that some officers make dumb decisions out of ego rather than common sense. Such is likely the case here. The officer told them to stay because, darn it, he was in charge and wanted them to stay until his sergeant got there. Oops. Another case of the ego getting in the way of the law.

    Yes, there might be a lawful justification for the detention, but it is not obvious from the story as told. And even trying to infer more into it, I find the justification would be weak at best no matter what the officer might claim. If this was indeed a civil issue then about all that is left to be said is: "Sorry, not much I can do, take them to small claims court. Have a good day."
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 12

Similar Threads

  1. Unlawful Presence and Overstay: Was I Unlawfully Present in the U.S.
    By shim in forum Immigration Issues
    Replies: 3
    Last Post: 09-29-2009, 06:00 AM
  2. Unlawfully Stopped
    By Eindringling in forum Moving Violations and Traffic Tickets
    Replies: 30
    Last Post: 06-01-2009, 09:41 AM
  3. Subleases: Unlawfully Locked Out
    By narry123 in forum Renting and Moving In
    Replies: 2
    Last Post: 07-28-2008, 10:10 AM
  4. Guardianship: Adult son unlawfully detained for psychatric evaluation
    By Lgavin in forum Guardianship and Conservatorship
    Replies: 1
    Last Post: 12-14-2006, 11:56 AM
  5. Termination: Terminated Unlawfully
    By thebigjg in forum Resignation and Termination
    Replies: 2
    Last Post: 11-18-2005, 04:29 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document