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  1. #1
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    Mar 2012
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    Default Can Police Break and Enter Door Over Alleged Misdemeanor

    My question involves police conduct in the State of: Ohio
    I was involved in verbal altercation with my neighbor over the telephone, who later phoned the Sheriffs Dept. An officer was dispatched to his home, and took his statement. The officer came to my house, and questioned me about the issue, asked for my name, dob, and social. After explaining the story, the deputy warned both parties to cease communication, and the matter seemed to be solved.

    Approximately 4 hours later, I awoke to find two sheriff deputy cruisers outside my house. When I opened my front door, they were questioning my other neighbor who lives directly across the street who just so happens to be a retired k-9 unit sheriff deputy. While standing behind a locked storm door, the backup officer stated ''You have till the count of 3 to get outside...''. I then attempted to shut my main door, the backup officer then forced entry into my locked door by ripping the handle off. The officer then shoved me to the floor, put his knee in my neck and cuffed me. While on the floor I look up to see my fiance and two children, 5 and 7 at the time. He then placed me in the back of the initial officers vehicle.

    I later asked, ''Why am I going to jail?''. The officer responded, ''You gave me false information.''. I did not give any false information, I have nothing to hide, and no warrants. I racked my brain trying to figure out what she was talking about. After she told me what name she thought I gave, a light bulb went off! When giving my name, I stated my first name, middle initial, and last name. The Officer combined the middle initial and last name, so it sounded like I gave her only, First name, and last name. So it had sounded like I'd given a false last name. Example(not my real name), Mike Acobson + Mike J Acobson = Mike Jacobson. After explaining to the officer what had occurred, she then looked deflated, and apologized. I asked her if I could go back inside my house and forget the whole thing ever happened. She then stated that since the officer she called in for backup forced entry and put his hands on me, I had to go to jail and be processed. The officer also promised me, that if i did plead not guilty, they would NOT show up for court, and it would be dismissed. I was charged with Obstruction of Official Police Business M2.

    Upon my release from jail, I acquired hand written statements from my fiance, and my neighbor. I also acquired a copy of the discovery to find out the police not only stated that I gave a false last name, but also a social security number that had a 4 and a 9 switched around. I pleaded Not Guilty, to the charge, and it was finally dismissed after the officer actually showed up. I do not know exactly what the officer said to the prosecutor, but whatever it was, she FINALLY let the case go after months.

    My fiances statement includes the officers asked her my social security number, after she gave them my social, the officer stated ''That's the same one he gave us. Why would he lie about his name?''. I feel, to cover their own actions, they knowingly lied in the reports, saying I also gave a false social. In the discovery file, they have two different false social security numbers, it it almost like they couldn't get the lie straight. I did not give a false social, the officer wrote my info down on the side of her hand in ink, and it bled! My neighbor the retired sheriff who seen the events unfold, called the head of the sheriffs department and gave him a piece of his mind, and said he would be more than willing to testify.

    Do I have a case? What exactly would I sue for, False arrest, B&E, assult? You cannot put a price on the potential damage its done to my family.

  2. #2
    Join Date
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    Default Re: Can Police Break and Enter Door Over Alleged Misdemeanor

    From your description of events, this does seem like an incident of an officer overreaching his/her authority. I personally cannot think of any mitigating circumstances that would justify an officer causing intentional property damage, to force entry into a residence, to effect an arrest for providing false info. Your description of the primary officer's demeanor gives the impression that she was backhandedly acknowledging her partner overacted and she was going into "CYA" mode.

    Although you don't state such, I am presuming you have already filed a formal complaint with the department and are unsatisfied with the results. If you have not already done so, I highly encourage attempting this route before attempting the time and initial expense of a law suit. I recommend going in person (as opposed to telephone conversations), and completing a formal, written complaint to an internal affairs investigator or supervisor.

    If a departmental complaint does not result in a reasonable (to you ) outcome, and you wish to pursue civil action, you likely have a reasonably strong case (again, based on your description of events). However, such a course of action is going to require a good amount of time, effort, and (probably) up-front expense on your part. Consult with an attorney experienced with civil rights violations about what your options are.

  3. #3

    Default Re: Can Police Break and Enter Door Over Alleged Misdemeanor

    I , if it was my situation, would file Criminal Charges with the District Attorneys office re : Aggravated Assault
    Further, if It was my problem, I would sue both the Sheriffs Dept, and the Officer personally
    Since he was acting out of his Lawful capacity, he has no immunity to prosecution

    You are simply wasting time filing a departmental complaint .. this will do nothing for you, and you will never be advised of the outcome, if any ..

  4. #4
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Can Police Break and Enter Door Over Alleged Misdemeanor

    You should not discuss anything with the police .. if asked to speak to them say no..don't even open your door (speak through your locked door).

    Impossible to know if the officer had the legal right to enter from this end. We are, after all, only hearing one side of the story.

  5. #5
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    Default Re: Can Police Break and Enter Door Over Alleged Misdemeanor

    J. Alfred, you are an idiot as proven my your statements in every post of yours that I have read. Where in the world do you get aggravated assault?


    2903.12 Aggravated assault.
    (A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:
    (1) Cause serious physical harm to another or to another’s unborn;
    (2) Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.


    I see nothing in OP that says anything about serious physical harm or use of a deadly weapon. At MOST, the incident described by OP would be a simple assault during the course of a false arrest...and even that would be quite a stretch. Yes, the OP may well have grounds for a civil suit against both the department and the individual officer. But, felony criminal charges? You're way off base. Pull your head out of your "sovereign citizen" pile of BS and learn how the real world operates.

  6. #6

    Default Re: Can Police Break and Enter Door Over Alleged Misdemeanor

    Quote Quoting PTPD22
    View Post
    J. Alfred, you are an idiot as proven my your statements in every post of yours that I have read. Where in the world do you get aggravated assault?


    Yes, the OP may well have grounds for a civil suit against both the department and the individual officer.

    I am glad You see that


    But, felony criminal charges? You're way off base. Pull your head out of your "sovereign citizen" pile of BS and learn how the real world operates

    .
    I have nothing to do with such "sovereign citizen" whatever

    Perhaps You may read this bit of Texas Law

    Code - Section 22.02. Aggravated Assault

    § 22.02. AGGRAVATED ASSAULT. (a) A person commits an
    offense if the person commits assault as defined in § 22.01 and
    the person:
    (1) causes serious bodily injury to another, including
    the person's spouse; or
    (2) uses or exhibits a deadly weapon during the
    commission of the assault.

    (b) An offense under this section is a felony of the second
    degree, except that the offense is a felony of the first degree if:
    (1) the actor uses a deadly weapon during the
    commission of the assault and causes serious bodily injury to a
    person whose relationship to or association with the defendant is
    described by Section 71.0021(b), 71.003, or 71.005, Family Code;
    or
    (2) regardless of whether the offense is committed
    under Subsection (a)(1) or (a)(2), the offense is committed:
    (A) by a public servant acting under color of the
    servant's office or employment;


    I will look forward to your Apology

  7. #7
    Join Date
    Sep 2005
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    California
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    Default Re: Can Police Break and Enter Door Over Alleged Misdemeanor

    Quote Quoting J. Alfred Braun
    View Post
    I have nothing to do with such "sovereign citizen" whatever

    Perhaps You may read this bit of Texas Law

    Code - Section 22.02. Aggravated Assault

    § 22.02. AGGRAVATED ASSAULT. (a) A person commits an
    offense if the person commits assault as defined in § 22.01 and
    the person:
    (1) causes serious bodily injury to another, including
    the person's spouse; or
    (2) uses or exhibits a deadly weapon during the
    commission of the assault.

    (b) An offense under this section is a felony of the second
    degree, except that the offense is a felony of the first degree if:
    (1) the actor uses a deadly weapon during the
    commission of the assault and causes serious bodily injury to a
    person whose relationship to or association with the defendant is
    described by Section 71.0021(b), 71.003, or 71.005, Family Code;
    or
    (2) regardless of whether the offense is committed
    under Subsection (a)(1) or (a)(2), the offense is committed:
    (A) by a public servant acting under color of the
    servant's office or employment;


    I will look forward to your Apology
    And what does Texas law have to do with an Ohio case?

    If the entry was unlawful and the arrest without probable cause, the usual remedy is a civil suit. And, as part of that a complaint to the agency and a claim for damages will generally have to be made.

    As for criminal charges against the officer, highly doubtful. The county prosecutor or the state Attorney General can be contacted, but it is doubtful they will act on this issue given the details presented. And the event is not sufficiently egregious for the FBI to get involved to investigate a civil rights violation though they can certainly be asked.
    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

  8. #8

    Default Re: Can Police Break and Enter Door Over Alleged Misdemeanor

    Thank you for your measured Reply, Carl ..

    lacking of venom, unlike the previous reply, certainly ..
    after reading many of your postings, it seems that you are possessed of common sense


    first off, the OP was unlawfully restrained of his Liberty, then we go to the egregious Violation of the 4th Amendment

    I simply would postulate that the OP,
    investigate Ohio Law, and see what might be in Concurrence

    most State Laws,, Statutes, Codes,
    are mostly similar, due to the " Full Faith and Credit Act "

    PTD22, should Post where he might have obtained his Legal Education

    before it may cost his Employer .. $$$

    P.S.

    I do not mean this lightly ..

    Prosecuting Attorneys, seem to have no problem " Stacking Charges "

    Here, at " BraunLau"
    We have no problem, stacking " Criminal Complaints "

    anyways ..since I am 29, and recently employed in criminal defense

    it sure is fun to " talk about it "

  9. #9
    Join Date
    Jan 2012
    Location
    Tacoma, WA
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    Default Re: Can Police Break and Enter Door Over Alleged Misdemeanor

    J. Alfred,

    Even with the TX statute that you erroneously cited, nothing in the OP says anything about the officer "using or EXHIBITING a deadly weapon." The mere fact that a police officer, as a required part of his duty equipment, is in POSSESSION of a firearm does not mean he/she is using or exhibiting it. The officer did not shoot at OP, did not point the firearm at OP, did not draw the firearm from the holster, nor is there even a mention that the officer placed his hand on the grip of the holstered firearm so that there could even be a remotely implied threat of using it.

    You guys at "BraunLau" - whatever the hell that is - might want to brush up on your legal definitions and case law before you start trying all that "stacking criminal complaints."

    And, btw, I have posted where I got my legal education...some of it formal and most informally acquired. If you wish to search my previous posts to find it, knock yourself out. A fair knowledge of criminal law is required by my profession. Anything more is just an amateur personal interest - the same as the vast majority of regular posters here. Might one inquire where you got yours? Your statement that you are "recently employed in criminal defense" seems intentionally vague, yet self aggrandizing. Your posts show an inferior grasp to most of the "amateur" regular posters on this forum.

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