False Arrest or Kidnapping After Complaint of Police Misconduct

My question involves civil rights in the State of: MICHIGAN


Hello everyone,

I was arrested for misuse of 9-1-1 and would like to know if this was a kidnapping.

In November my wife and I bought a house from an employee of our sheriff's department on a land contract. After seven months the woman changed her mind about selling us her home and started summary proceedings to evict us. She failed and the grounds of the eviction proceedings were frivolous. Then the woman took the law into her own hands and using the Sheriff's Department and a fellow deputy conspired to take our home as if the court had granted her eviction request. The woman, a sheriff's department employee, and a co worker, a deputy, locked us out of our home and kept us out by threatening arrest for trespass.

We had been locked out while at work. When we discovered the lockout we called 9-1-1 and the woman and her buddy deputy responded. The deputy told us that home owners can change the locks when ever they want and that we would be leaving peaceably or by arrest but we would be leaving either way. We left to avoid arrest as the woman and her boyfriend were entering our home and waving to us victoriously.

I filed a complaint against the deputy immediately afterwords at the sheriff's department and the under sheriff told me that his deputy had done nothing wrong but claimed to have called the PA and told me that if we could prove that we had not been evicted we should be able to get our house back. The under sheriff told me to get the same deputy back to the scene and prove to him that we had not been evicted so I called dispatch again using 9-1-1.

This time at the scene the proof anyone could have would be sketchy and the woman claimed to have an order of eviction signed by a judge but it was at her house and asked if she could go and get it and her buddy deputy agreed and allowed the boyfriend to leave the scene with a truck full of our property from inside the house. The boyfriend returned almost an hour later driving a different vehicle and had no court order. Without a court order, the deputy suggested the woman give us a key after allowing his co-worker and her boyfriend to go back into our house and retrieve anything they may have brought into the house.

After getting a key, we asked the deputy to accompany us into the house and he refused claiming that regardless of could possible be discovered in the home the problem was civil and thus his continued involvement would not be required.

After entering the home my wife and I discovered the home completely emptied... the garage completely emptied except for shelving.

I called 9-1-1 again and reported a burglary. Dispatch told me that the deputy had advised them not to respond to any calls from us. Shocked and horrified I called 9-1-1 again and this time I asked dispatch to either dispatch State Police or to give me their number and dispatch refused.

About a half hour after that the same deputy came back tot he property and arrested me for misuse of 9-1-1 and took me to jail while my crying family stood in the driveway of our home that had been emptied.

At the start of this day we did not know that the woman was an employee of the Sheriff's Department. To us she was the woman that sold us her home and then changed her mind after seven months. The woman and the deputy were co-workers and had been co-workers for almost three months when this happened yet the woman came to the property dressed in civilian cloths and her and the deputy while at the scene the first time and within the first 10 minuets went into the story where they did know each other but from an event many years in the past.

Now, a year and a half later, we clearly see that the woman was disguised as a civilian to make it appear to us that the deputy was just doing his job rather than a favor for his friend and co-worker.

The disguise and the fact the woman and the deputy were co-workers that intentionally concealed that fact created a very different situation. Together the two executed a violation of the Michigan "Anti-Lockout Law" as found in MCL 600.2918 under color of law and office while in disguise which makes this a violation of federal criminal statutes found in Title 18 U.S.C. §§ 241, 242.

The deputy then arrested me for calling 9-1-1 for help from him and the woman and after I had filed a complaint against the deputy with his under sheriff.

If this false arrest on make believe charges is the same as kidnapping, this elevates the potential punishment to DEATH as defined in the Federal Criminal Statutes.

The woman and her deputy locked us out of our home, stole our personal property inside the home and then arrested me for calling 9-1-1.

The deputy refused to give us a police report for his first and second visit but was forced to generate a report after his third visit to the property when he arrested me.

To me this feels like kidnapping. When my wife and kids needed me the most, they had to stand there crying as I was handcuffed behind my back and arrested after we had just lost our home and it's contents.

I don't want a death penalty, I just want justice!

Two Sheriff's Department employees:
Violated MCL 600.2918 the anti-lockout law (no court order)
Stole the contents of our home Grand Larceny?
Violated Federal Law in Title 18 U.S.C. § 241
Violated Federal Law in Title 18 U.S.C. § 242
Falsely Arrested Me Kidnapping?

We were not growing pot or doing anything illegal.
We were not behind on the payments and were paying monthly towards the purchase price.
We were not trashing the house.
Myself, my wife and two minor children are not terrorists, wanted criminals or fugitives.

The administrators of the Sheriff's Department did not act on our allegations because they knew that our complaint was against two employees when we though only one. They realized the seriousness of our allegations as law enforcement officers long before we did and assumed they could keep it from becoming known. Originally the conspiracy was between the woman and the deputy but it was still there. Instead of helping us they worked to cover and conceal and became part of the conspiracy to deprive my family of our constitutional civil rights while under color of law and of office.

Unable to find a lawyer we filed suit in Pro Per on the last day of the statutes of limitations and before we had discovered the woman to be an employee of the sheriffs department. In continuation of the conspiracy and the original disguise, our lawsuit was answered by a lawyer claiming to represent the County and all of the County employees and officers named in the suit but did not represent the woman and the woman answered in pro per.

I feel that we are on top of the civil side of this complaint but I am much more interested in the criminal aspects of it and have no idea how or who to present this information to that would follow up on the criminal aspects.

To date I have shared this story with the following:
local prosecutor
Sheriff and Under Sheriff
State Representative Kevin Cotter
Michigan Attorney General
State Governor
Local Michigan State Police
District Command of Michigan State Police
Commander of the Michigan State Police
FBI phone screening
DOJ phone screening
US Attorney's Office

I have started a petition at change.org that is geared at collecting signatures requesting that the US Attorney's Office together with the DOJ to launch an investigation into criminal corruption allegations. You can view and sign this petition at the following link.

http://www.change.org/petitions/us-a..._id=IGBeLkVGTX

Additionally, please comment on this if you have something useful to contribute.

Thanks in advance!

Evictions are not emergencies or even police matters. You were abusing 911.
911 is not for non-emergency communications even if the person you want to talk to is in law enforcement, nor are they directory assistance for other law agencies.
This is not false arrest or kidnapping.

Some advice, you're too emotionally involved in this to make the appropriate actions. Get a lawyer. First to defend yourself on the charges, and second to file the appropriate civil action to recover the damages you have.

Evictions are civil proceedings commonly called "Summary Proceedings".
The summary proceedings initiated against us failed and were ultimately canceled.

An eviction, without an eviction is not an eviction.
Since we were not evicted would you say this is still not a police matter?
Since our home and it's contents were taken from us without an eviction you are saying that our losses are civil?

So if I were to start frivolous summary proceedings against you and then cancel them and then go to your house and haul away it's contents this would be a matter for the civil courts and law enforcement should play no role?

Since their was no eviction our calls to 9-1-1 were not warranted?

The charges for misuse of 9-1-1 were dropped but you are saying that I am still a criminal for that because I was arrested for it. Arrested, never arraigned and all charges dropped but still a criminal?

Eviction started, eviction canceled before a court ruling, evicted or not evicted?
Arrested for murder, acquitted on all charges, murderer or not a murderer?

Let me try.

Calling 911 in a non-emergency is NOT appropriate.

It was absolutely not kidnapping.

However since the charges were dropped, why are you posting?

I guess you didn't read it either...

Is being locked out of your home without having been evicted an emergency?
Is a home invasion an emergency?
Is the theft of personal property an emergency?

Nope.
This was not a "home invasion".
Rarely.


Next question? :)

Both of you guys are describing then, the perfect crime.

Initiate summary proceedings against you enemy, cancel them but follow through with the seizure of the home and it's contents because your victim will be arrested if they call the police because taking their home and it's contents isn't a crime if you first initiated summary proceedings even if you administratively cancel them...

Then people like you will say... Since the charges were dropped, why are you complaining?

Since criminal charges were dropped, you should be happy regardless of the fact that you are still without your home and it's furnishings!

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your right...
Breaking and entering / trespass
not home invasion...

Ah - but you have CIVIL recourse, if nothing else.

THAT is what you should be looking at. Nobody said you don't have recourse. But you specifically posted about what you called "kidnapping", and being hauled in for abusing the 911 system. The first doesn't apply, and you're actually guilty of the second.

So yes - be thankful that those charges were dropped.

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Quoting Dogmatique

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Ah - but you have CIVIL recourse, if nothing else.

THAT is what you should be looking at. Nobody said you don't have recourse. But you specifically posted about what you called "kidnapping", and being hauled in for abusing the 911 system. The first doesn't apply, and you're actually guilty of the second.

So yes - be thankful that those charges were dropped.

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Wow... you are an idiot!
You just told me that I am guilty of misuse of 9-1-1 after I told you charges were dropped.
You must also believe that we had been evicted even though the eviction proceedings were canceled.

Why are you posting? Just to break 15,000 posts?

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So answer the question:
In your opinion:

Is Trespass a reason to dial 9-1-1?
Is breaking and entering a reason to call 9-1-1?
Is the theft of the contents of your home a reason to call 9-1-1?

I'm not the idiot who got charged, sweetpea ;)

Go make some complaints about how the authorities infringed on your rights. Then, try re-reading. It helps :D There's a big clue in the "CIVIL" aspect.

I was arrested for misuse of 9-1-1 and would like to know if this was a kidnapping.

No. What you go on to describe was not a kidnapping.

Next question?

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Quoting tjvisner

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Wow... you are an idiot!
You just told me that I am guilty of misuse of 9-1-1 after I told you charges were dropped.
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I feel a bit off, defending Doggy, since she just accused me of idiocy on another site, however, she is correct about you misusing 911. You stated you called 911, to get the deputy back to the scene. His return to the scene was not an emergency and should have been handled by the Sheriff Dept's number, not 911.

OP, please do not misunderstand. You are not here to ask for advice, you are here to rant. No one said "Hey, lets report this guy for ranting", because we all understand. That said, in the course your situation playing out, there are some things you did wrong, that have been brought to light. Don't beat us up for pointing them out. If you had pealed your tires or run a stop sign, going from the scene, you would have received comments as to the likely illegality of those actions also. No one here wants to upset you or put you through more than you already have been, by being hosed in your situation. That said, we are not here to be whipping posts, we are here to help people. That means not always telling them what they want to hear. Hopefully, everything in your situation works itself out to your satisfaction.

I was never "charged" sweetpea, only arrested.
"Charges" were dropped and you still call me "guilty".

Do you even know what "Due Process" is?

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Kidnapping...

The crime of unlawfully seizing and carrying away a person by force or Fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.

The law of kidnapping is difficult to define with precision because it varies from jurisdiction to jurisdiction. Most state and federal kidnapping statutes define the term kidnapping vaguely, and courts fill in the details.

Generally, kidnapping occurs when a person, without lawful authority, physically asports (i.e., moves) another person without that other person's consent, with the intent to use the abduction in connection with some other nefarious objective. Under the Model Penal Code (a set of exemplary criminal rules fashioned by the American Law Institute), kidnapping occurs when any person is unlawfully and non-consensually asported and held for certain purposes. These purposes include gaining a ransom or reward; facilitating the commission of a felony or a flight after the commission of a felony; terrorizing or inflicting bodily injury on the victim or a third person; and interfering with a governmental or political function (Model Penal Code § 212.1).

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if Trespass, Breaking and Entering and burglary are not crimes then I shouldn't be here.
If calling the police for the above mentioned crimes was not warranted then I would not be here.
If my having been arrested did not facilitate the commission and flight of a felony I would not be here.

If landlords and police officers are exempt from charges of trespassing, breaking and entering, burglary and kidnapping that facilitated in the commission AND flight of the above mentioned felonies, then I would not be here.

If officers come to my property in disguise with the intent to deprive basic civil rights were not a federal crime as described in Title 18 U.S.C. §§ 241, 242 - I would not be here.

Let us know what happens, would you?

sure

It sickens me that this kinda thing can happen to people.
Like with you folks, getting the point across takes time.

Their isn't a one line description that can fit everything in...
combined with the fact that...
the allegations themselves are extraordinary and hard to believe.

My Sheriff's Department should have asked the state police to take over after discovering the conflict of interest but they didn't and refused. Instead they worked to cover and conceal and told the state police that we had been evicted when we had not.

Civilly - we filed suit
Criminally - we are working with the US Attorney's Office.

Quote:

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Quoting tjvisner

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We had been locked out while at work. When we discovered the lockout we called 9-1-1 and the woman and her buddy deputy responded....
The under sheriff told me to get the same deputy back to the scene and prove to him that we had not been evicted so I called dispatch again using 9-1-1....
I called 9-1-1 again and reported a burglary. Dispatch told me that the deputy had advised them not to respond to any calls from us....
Shocked and horrified I called 9-1-1 again and this time I asked dispatch to either dispatch State Police or to give me their number and dispatch refused.

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So the problem here would be the absurd report of a burglary, when you knew exactly what had happened and the police had already been to the scene, and then the follow-up non-emergency 911 call after you were told the police weren't going to respond to any more of your 911 calls on the issue. Given that charges were dropped the issue of whether or not a court would have convicted you is moot, but no, that's not how you're supposed to use 911.

(I see from your other pages that you in fact called 911 six times.)

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Quoting tjvisner

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If this false arrest on make believe charges is the same as kidnapping, this elevates the potential punishment to DEATH as defined in the Federal Criminal Statutes.

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You say you're "working with" a U.S. attorney, so it has no doubt already been explained to you that this was not kidnapping and will not be charged as kidnapping.

Quote:

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Quoting tjvisner

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The woman and her deputy locked us out of our home, stole our personal property inside the home and then arrested me for calling 9-1-1.

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When you are improperly evicted, assuming no order of eviction had been issued, you go back to the court in which the eviction proceedings were pending and seek relief for an unlawful detainer. You not only know that, you know the statute under which you should have sought relief. You have chosen not to tell us whether you exercised that remedy, or what happened to your belongings - is there anything you would like to share?

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Quoting tjvisner

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The deputy refused to give us a police report for his first and second visit but was forced to generate a report after his third visit to the property when he arrested me.

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You don't "get" a police report when the police are at the scene. You get the case number and you follow up with the investigating officer's department to get a report - when it's ready, some number of days later.

Quote:

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Quoting tjvisner

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Unable to find a lawyer we filed suit in Pro Per on the last day of the statutes of limitations and before we had discovered the woman to be an employee of the sheriffs department.

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You filed a lawsuit in what court, alleging what causes of action against what defendants? The status of that lawsuit is now what?

Generally speaking, when you can't find a lawyer willing to take your case it's because (a) you have no case or (b) the amount of damages that can be proved are insufficient to justify the cost and time of litigation.

Quote:

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Quoting tjvisner

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In continuation of the conspiracy and the original disguise, our lawsuit was answered by a lawyer claiming to represent the County and all of the County employees and officers named in the suit but did not represent the woman and the woman answered in pro per.

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What you are in fact expressing is that you don't understand the relationship between the parties. If you read the responsive pleadings you will be able to figure out why the woman is not represented by the County's lawyer, and odds are it's because you have made some incorrect assumptions about her and her relationship to the Sheriff's Department.

Quote:

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Quoting tjvisner

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I was never "charged" sweetpea, only arrested.
"Charges" were dropped and you still call me "guilty".

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Charges can't be dropped unless you are charged. Do you mean that you were never charged?

At this point, assuming no order of eviction was in fact issued, you have identified a wrongful eviction action against your landlord. You have not clarified that (a) no order of eviction was filed, (b) why you chose not to try to regain possession of the premises, or (c) what happened to your personal belongings after the possibly unlawful eviction. It would be helpful if you would try to stop arguing with people who are trying to explain things to you, and instead clarify what happened.

Heck, in my county, he'd have been arrested for the 3rd or 4th 911 call made for what he'd have been told was a CIVIL matter. Never woulda seen 6 calls. Two things should have happened here; the OP should have retained a civil attorney to address the matter immediately before it escalated to irreversible actions (leaving compensation in civil court as his recourse after the fact), and, the way to deal with any issue where a law enforcement employee, sworn or civilian, has behaved in a questionable manner, is to speak with internal affairs or make a formal complaint. And not via 911.