Police Officer Provided False Information to Probation
My question involves defamation in the state of Colorado:
I received a copy of notes from my Probation officer, after she reported that she was "concerned" with me regarding community safety.
Turns out the police officer (same one who refused to allow me to take a breathalyzer test, and claimed I was "drunk" ... which I am now on probation for!) contacted my probation and claimed several events:
1. claimed that I had a party where people were drinking. Not true. There were some of my friends at my house while I was at a basketball game, but I was not present.
2. claimed that an assault may have taken place at my residence. Not true. An ex-girlfriend reported she was assaulted while in my neighborhood, and she came to my house for assistance. We provided her with clothing, contacted her family and asked if she wanted to report this to the police. She did not at the time, but did do so several days later.
3. claimed that I had made threats to him (the police officer). Not true. In fact, the opposite is present where we have two documented threats from this police officer. One was made in front of an independent witness (the technician who was repairing my alarm system). The other the police claimed that they could not verify ... even though I gave them the knife that the officer had held to my throat.
Needless to say ... this police officer is crazy ... and now I have documentation that he has been making false reports to probation to get me into trouble.
What is my legal recourse, if any?
False Reporting by Police Officer to My Probation
My question involves civil rights in the State of Colorado:
I received a copy of notes from my Probation officer, after she reported that she was "concerned" with me regarding community safety.
Turns out the police officer (same one who refused to allow me to take a breathalyzer test, and claimed I was "drunk" ... which I am now on probation for!) contacted my probation and claimed several events:
1. claimed that I had a party where people were drinking. Not true. There were some of my friends at my house while I was at a basketball game, but I was not present.
2. claimed that an assault may have taken place at my residence. Not true. An ex-girlfriend reported she was assaulted while in my neighborhood, and she came to my house for assistance. We provided her with clothing, contacted her family and asked if she wanted to report this to the police. She did not at the time, but did do so several days later.
3. claimed that I had made threats to him (the police officer). Not true. In fact, the opposite is present where we have two documented threats from this police officer. One was made in front of an independent witness (the technician who was repairing my alarm system). The other the police claimed that they could not verify ... even though I gave them the knife that the officer had held to my throat.
4. The police officer claims that they now have a rule to bring 3 cars when a call is made to my house. ... uh ... the time I was arrested was because I was riding a BICYCLE with motor assist ... which they claimed was a motor vehicle and being "driven" without a license (how about "pedaled"?). The officer then claimed I was intoxicated, and I went into a seizure. He then refused to allow me to take a breath test. ... and yes ... they brought 3 cars to arrest me and tow my bicycle.
The officer failed to report that because of the documented threats I have from HIM, that there is a no contact rule from the police department from him to me ... no problems with the other police officers!
So now probation claims I am a community hazard. Needless to say ... this police officer is crazy ... and now I have documentation that he has been making false reports to probation to get me into trouble.
What is my legal recourse, if any?
Re: False Reporting by Police Officer to My Probation
Quote:
Quoting
Mshugge
1. claimed that I had a party where people were drinking. Not true. There were some of my friends at my house while I was at a basketball game, but I was not present.
So... you did in fact had a party where people were drinking, but the officer left out the part that you weren't there? Tell your probation officer you weren't there.
Quote:
Quoting Mshugge
2. claimed that an assault may have taken place at my residence. Not true. An ex-girlfriend reported she was assaulted while in my neighborhood, and she came to my house for assistance. We provided her with clothing, contacted her family and asked if she wanted to report this to the police. She did not at the time, but did do so several days later.
So, somebody who was assaulted near your home reported an assault to the police and, not knowing the full details, the officer said that the assault "may have" happened at your home? Tell your probation officer that the assault happened elsewhere, and let him know how to reach the victim (if he doesn't already have that information).
Quote:
Quoting Mshugge
3. claimed that I had made threats to him (the police officer). Not true. In fact, the opposite is present where we have two documented threats from this police officer.
Your allegation of threats being made against you does not disprove the possibility that you may have threatened the officer. We have no information about the allegation made by the officer or how serious it is.
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Quoting Mshugge
One was made in front of an independent witness (the technician who was repairing my alarm system).
The officer said what to you in front of this technician, for what reason?
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Quoting Mshugge
The other the police claimed that they could not verify ... even though I gave them the knife that the officer had held to my throat.
The officer held a knife to your throat then said, "Here, you keep this," and left?
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Quoting Mshugge
4. The police officer claims that they now have a rule to bring 3 cars when a call is made to my house.
And?
Quote:
Quoting Mshugge
... uh ... the time I was arrested was because I was riding a BICYCLE with motor assist ... which they claimed was a motor vehicle and being "driven" without a license (how about "pedaled"?).
This has what to do with the officer? If due to the motor your bicycle fits the statutory definition of a motor vehicle then it's fair to call it a motor vehicle.
Quote:
Quoting Mshugge
The officer then claimed I was intoxicated, and I went into a seizure. He then refused to allow me to take a breath test. ... and yes ... they brought 3 cars to arrest me and tow my bicycle.
Were you intoxicated? Did you have, or claim to be having, a seizure?
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Quoting Mshugge
The officer failed to report that because of the documented threats I have from HIM, that there is a no contact rule from the police department from him to me ... no problems with the other police officers!
The officer failed to report what? If you were arrested with three police vehicles present, clearly the department was aware of the incident.
Quote:
Quoting Mshugge
So now probation claims I am a community hazard. Needless to say ... this police officer is crazy ... and now I have documentation that he has been making false reports to probation to get me into trouble.
What are the actual falsehoods? The party happened. The officer's statement about the assault implies incomplete knowledge and you can establish where the assault actually occurred. You were arrested for the motor-assist bicycle incident. Threats against the officer? We don't know the substance of the accusation or whether the officer is going to produce witnesses; if it's just your word against his, though, it's likely going to be an uphill defense.
Re: False Reporting by Police Officer to My Probation
Quote:
Quoting
Mr. Knowitall
So... you did in fact had a party where people were drinking, but the officer left out the part that you weren't there? Tell your probation officer you weren't there. .
i DID TELL PROBATION. BUT THEY HAVEN'T CORRECTED THEIR NOTES.
Quote:
Quoting
Mr. Knowitall
So, somebody who was assaulted near your home reported an assault to the police and, not knowing the full details, the officer said that the assault "may have" happened at your home? Tell your probation officer that the assault happened elsewhere, and let him know how to reach the victim (if he doesn't already have that information). .
THE POLICE OFFICER KNOWS THE ASSAULT HAPPENED SOMEWHERE ELSE, BUT I DO LIKE YOUR SUGGESTION. COULD GIVE THE PROBATION OFFICER THE NAME OF THIS "VICTIM" AND SHE CAN VERIFY THE INFO. THANK YOU.
Quote:
Quoting
Mr. Knowitall
Your allegation of threats being made against you does not disprove the possibility that you may have threatened the officer. We have no information about the allegation made by the officer or how serious it is.
The officer said what to you in front of this technician, for what reason? .
MY HOUSE HAD BEEN ROBBED AND THE ALARM SYSTEM WAS FAULTY. THE ALARM TECH WAS REPAIRING THE SYSTEM AND ACCIDENTALLY TRIGGERED THE ALARM. HE IMMEDIATELY CANCELLED THE ALARM, WHICH THE OFFICER ACNOWLEDGED. HE DECIDED THAT HE HAD TO INVESTIGATE THE ALARM ANYWAY (FROM WHAT HE TOLD US) AND PROCEEDED TO WALK INTO THE HOUSE UNANNOUNCED ... NO KNOCK, NOTHING. I TOLD HIM HE NEEDED TO LEAVE, AND HE GOT ANGRY AND VERBALLY THREATENED ME. THE OFFICER DIDN'T REALIZE THAT THE ALARM TECH WAS STANDING RIGHT BEHIND ME AND HEARD EVERY WORD. THE ALARM TECH FILLED OUT THE PAPERWORK DETAILING THE THREATS THAT HE HEARD THE OFFICER MAKE TO ME.
Quote:
Quoting
Mr. Knowitall
The officer held a knife to your throat then said, "Here, you keep this," and left?.
THE OFFICER HAD BEEN THE SAME OFFICER (VERY SMALL POLICE DEPT!!) THAT HAD RESPONDED TO THE BURGLARY. I HAD CALLED THE POLICE WHEN I FOUND PEOPLE IN MY HOUSE AND CHASED THEM OUT. THE OFFICER THEN ACCUSED ME OF "DISTURBING THE PEACE" AND TOLD ME I NEEDED TO MOVE OUT OF THE NEIGHBORHOOD AND QUIT CAUSING TROUBLE. HE DRAGGED ME TO MY BASEMENT AND HELD THE KNIFE TO MY THROAT IN THIS AREA BECAUSE HE SAID HE "KNEW THERE WERE NO CAMERAS IN THE BASEMENT". WE REPORTED THIS TO THE POLICE, AND THE DETECTIVE TOOK THE KNIFE (WHICH WAS STILL LOCATED IN MY BASEMENT) IN FOR TESTING. NEVER GOT MY KITCHEN KNIFE BACK.
Quote:
Quoting
Mr. Knowitall
And?
This has what to do with the officer? If due to the motor your bicycle fits the statutory definition of a motor vehicle then it's fair to call it a motor vehicle. .
THE BIKE WAS OFFICIALLY CITED BY MOTOR VEHICLE AS A "BICYCLE". I HAVE THEIR RULING. IT HAS A S/N, LIKE ANY TYPICAL PEDAL BIKE ... BECAUSE IT IS A PEDAL BIKE. I ALSO HAVE A JUDICIAL RULING THAT IT IS A BICYCLE. THEREFORE, IT IS NOT FAIR TO CALL IT A MOTOR VEHICLE. FITS THE COLORADO DEFINITION OF A BICYCLE.
Quote:
Quoting
Mr. Knowitall
Were you intoxicated? Did you have, or claim to be having, a seizure? .
UNFORTUNATELY, I DO HAVE SEIZURES. TAKE EPILEPTIC MEDICATION FOR THIS. AND NO, I WAS NOT INTOXICATED. THE OFFICER REFUSED, HOWEVER, TO LET ME TAKE A BREATH TEST BECAUSE HE CLAIMED I HAD "FAKED" A SEIZURE ... THEN TOLD THE HOSPITAL STAFF AND I WAS MERELY DRUNK AND HE HAD NOT SEEN ME HAVE A SEIZURE. WE HAVE THE COMPLETE POLICE REPORT ... AND THE HOSPITAL REPORT. YES, THE HOSPITAL DREW A BLOOD SAMPLE, BUT BECAUSE THE POLICE OFFICER TOLD THEM THAT HE DIDN'T SEE ME HAVE A SEIZURE, THEY NEVER TESTED THE BLOOD.
Re: False Reporting by Police Officer to My Probation
Turn the caps lock off.
Quote:
Quoting
Mshugge
i DID TELL PROBATION. BUT THEY HAVEN'T CORRECTED THEIR NOTES.
Who is "they" and why does it matter?
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Quoting Mshugge
I TOLD HIM HE NEEDED TO LEAVE, AND HE GOT ANGRY AND VERBALLY THREATENED ME.
What was the threat? "Back off or I'll tickle you until you pee?"
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Quoting Mshugge
WE REPORTED THIS TO THE POLICE, AND THE DETECTIVE TOOK THE KNIFE (WHICH WAS STILL LOCATED IN MY BASEMENT) IN FOR TESTING. NEVER GOT MY KITCHEN KNIFE BACK.
Alas, it appears that your story was not deemed credible. You are free to ask for the return of your kitchen knife.
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Quoting Mshugge
THE BIKE WAS OFFICIALLY CITED BY MOTOR VEHICLE AS A "BICYCLE". I HAVE THEIR RULING.
Great... but again, this is relevant to what? If you're intoxicated you're not entitled to ride a bicycle, with our without power assist, on the pubic roads.
Quote:
Quoting Mshugge
YES, THE HOSPITAL DREW A BLOOD SAMPLE, BUT BECAUSE THE POLICE OFFICER TOLD THEM THAT HE DIDN'T SEE ME HAVE A SEIZURE, THEY NEVER TESTED THE BLOOD.
That doesn't make any sense. If the hospital took the blood based upon a police warrant, they would have turned the sample over to the police for testing. If they took it for medical purposes, they would have tested it consistent with their reasons for drawing blood. Believe it or not, nobody at the hospital is going to confuse a police officer with a doctor, and if they took blood to test for alcohol the fact that the officer says "I think he was drunk and faked the seizure" is not going to change their minds. Were you charged with an offense and, if so, what offense?
We're still back where we started. Other than the claimed threat with the knife, which was apparently investigated and found to be unprovable, and the undescribed 'threat' when the officer was investigating the false burglar alarm at your house, you have not indicated that the officer has made any false statements to your probation officer. To the extent that you are arguing that the officer's statements were incomplete, as previously suggested, you can provide the rest of the information yourself.