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Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
My question involves civil rights in the State of: Oklahoma
I'm charged with Obstruction (misdemeanor), and spent a week in Jail. I was released yesterday, evening.
I have no criminal history, I've participated in alot of the charities in this county, and have always been on the ready to assist people here. I've always loved my state of Oklahoma, and used to have much pride in my town..
I no longer feel the pride I once had in my Town. I feel afraid of our Police, and I feel constrained to our Home.
Evening walks that my Wife and I used to take are something of the past, I'm afraid to be outside anytime after 6:00PM.
My wife and I were arguing, and a man that lives across from us (we live in an Apartment), called the Police.
The arguing was not very loud, and was very brief.
Authorities arrived, and banged on my door. They demanded me to allow them inside. I asked them if they had a search warrant, and they declined, he stated that he didn't need a search warrant because he had, "Probable cause".
I asked what his 'probable cause', was, and he would not say. He instead pounded on my door, and demanded me to let them inside.
I said that I do not consent to a search of my Home, and will comply if a search-warrant is issued.
They claimed they needed to check on my wife, who is prescribed medicine by a mental-clinic. She isn't a 'patient'.
The younger Police Officer asked if my wife was inside, and I lied, and stated that she was just out shopping, and that I haven't heard any noise.
He stated that if he found out I was lying, that he was "going to go through my home and destroy every last f**** thing I have".
My neighbor across from us was speaking to the Police in the driveway of the Apartments, and mentioned to them that I am a Hunter, and have a firearm.
The Authorities stated that I had a firearm in my Home with a 'patient', and that it was a felony, and that they will charge me with it if they discover she is inside my Home.
I continued telling the Officers that I will comply if the Judge issues a warrant for them to search, but that I will not consent to a search
They drew their pistols at this point, and I could hear the Sheriff talking, he said, "He's threatening to shoot Police Officers.", this was a blatant lie, and I stated that, "That is a lie, Officer. I have never threatened to fire on Officers."
I stated that am, and have been actively recording with both audio, and video. I lied. My digital camera lens is broken, and wont open.
At this point I was very nervous and scared. Police Officers were actively trying for felon-tier charges, and were lying about events taking place.
I quickly got my shotgun (still in its case, and unloaded) out of the closet, and opened the side-door, dropping it off the second-story porch.
I then shut the door.
I know I shouldn't have abandoned property like this, but when the Officer claimed I was threatening to shoot Officers, it was an instinct reaction. I disarmed my Home, (only had one weapon).
Officers had shaken the lock to my door enough to where the door opened, and I quickly got to my knee's, and put my hands behind my head.
Police Officers entered my Home, pistols drawn, and cuffed me. I was taken out of my Home, and was told about the charges.
I denied threatening to shoot Officers.
I stated that I will no longer speak without a Lawyer present.
Authorities spoke with my Wife, and tried to intimidate her into writing incriminating information on the Police Report.
I was detained on the charge of "Obstruction of an Officer.", for refusing to open my door to allow the search.
I was brought to Jail, and had to do paperwork and get fingerprinted as well as a photograph.
My first night in Jail.
I asked about my bond, and was told that they were still trying to reach the Judge about it.
I told him that if I didn't arrive to work at 6:00 this morning, that I would be at risk of losing my job.
I asked about getting OR'ed, and I was told that nobody would be getting OR'ed because of the upcoming Holiday weekend, and that the Judge was taking a vacation.
I had asked for a phone-call, and was told to hold on. I was never allowed the phonecall.
I used the phone in my cell, and was allowed two minutes to call my Wife. (It was about 11PM when I called.)
She was in tears, wanted me Home, etc, I told her that it should be soon, because the charge isn't serious.
My Wife told me that the Police had destroyed everything in the Home, and had destroyed the walls.
I told her I loved her, everything would be alright, etc.
She told me that she could not bail me, because I was set as 'no bail', by the Jail, for my misdemeanor charge of Obstruction.
I tried calling her again the next day, and the phone told that I was not allowed to call the number, and to 'hang up'.
The Jail had blocked my Wife's phone number.
My Wife contacted everybody she could to help, and reached a Bailbondsman who knew me as a good worker, and as a 'good person'. I don't have a criminal history.
The bailbondsman is close to the DA, and managed to get me a $1,000 bail.
My Wife didn't have anything from our house to sell to get the 150$ needed to pay her. Police had destroyed everything during their search.
My Wife ended up pawning my tacklebox, the reels of my fishing-poles, (the poles themselves had been snapped in half by Police), and managed to get the bail.
The Pawnshop owner knows me, as I usually go in there and buy some tackle if he has any, or I'll give him a good deal on some old stuff I just don't need anymore.
I was finally free. My Wife, combined with the help of the Bailbondsman, managed to get me out of there.
I had heard rumors about marijuana being discovered in the Trustee's cell, and such, but thought of these rumors as just talk about the Jail, and probably not true.
How wrong I was. This Jail was utterly horrible, and the Jailers did not care about the inmates..
I was put in the PC, (Protective Custody), cell because other cells were at full capacity. There was already four people in this one. These are very small cells, and I literally had to sleep with my head against the opening gate of the cell, and had to curl my knee's so as to not hit the toilet.
The television was small, and was out of sight of the PC cell, so I could not watch the television. I was not eligible for reading materials, so the only books passed around were among the Jail. There was two books in PC, and both were being 'reread' by cell-mates.
I wouldn't use the restroom because of anxiety, this, and because my cellmates heads were near the toilet (very cramped cell).
Drugs were very rampant in the Jail. When it was Med-time, people began trading their pills. The Jailer left, and did not care.
They continued packing more and more people into these cells. Staff, an infection, was very rampant. People begged to be allowed to go to the Hospital, but Jailers simply didn't care.There was alot of sick inmates. They stated that they could go when there is a 'transport' available. Which was apparently 'never'.
A man was bleeding in the cell next to me, and his friends had to wrap his wounds with a shirt, and keep pressure on them to keep them closed. The Jailers would not take him to the Hospital. Inmates had to clean the pool of blood with a towel.
There was a man who couldn't wake up two cells down. The Jailers knew about this, but again, just didn't care. His lunch was shared by his cellmates. I do not know if he is dead, in a coma, or what happened to him.
I first arrived Home, and I dropped.. Everything. Everything I had was ruined, and destroyed. I looked over my walls. Police had used a hammer to punch large holes into the wall of my home, and kicked out the glass of my sidedoor.
Everything I had was in pieces, and destroyed.
My fishing poles were snapped in half.
My television laid in glass pieces over the floor.
Police had used boxcutters to my bed, and ruined it.
My cellphone was snapped in half, and then smashed.
My metal door (entry) has stamps where they used a hammer out of my tool box, to leave the giant dents.
My bathroom mirror was in pieces, and my Wife had to shut off the water because the toilet was smashed in, and water had flooded the hallway, and bathroom of the Apartment.
The Ceiling in my kitchen was knocked out. The insulation and sheetrock laid all over the stove, the refrigerator, and my cabinets.
Food in the refrigerator was tossed into the floor, and the door unhinged.
My faucet in the kitchen can not work, it's been dented to an 'L' angle, water won't come out when you turn it on, and you must use vicegrips, because the plastic around the knobs was broken.
This isn't even a quarter of what the Police destroyed during their search.
I was frustrated at this. I asked to file a complaint with the PD, and was told that there 'wasn't a complaint form', and that I needed to Speak to the Sheriff. The very Sheriff that commanded his Officers to perform the damage.
I stated that I have photographs of the damage, and I lied, stating that I also had footage of the arrest.
I was told that it wouldn't be 'most likely would not be admissible in court', to use the footage.
My Courtdate is in four days.
I'm told they are going to try for the maximum sentence of one year in county Jail, and they will be very aggressive in doing-so.
A Police Officer, (friend of mine), told me that the shotgun that I put outside, was never brought into the station. The Sheriff had kept it, presumably to blackmail me, (or my wife if I'm put in Jail, again), incase I actually have footage. He used gloves in handling it, so only my finger prints remain on it.
He told me the 'talk', was that it would be in the best interest of the Sheriff to have me locked in Jail, so that I wouldn't talk to anybody.
I have never been afraid of my State. I used to speak in high regard about our Police, and about my Town. I even voted for the Sheriff that did this.
I can not afford a Lawyer. As I said, me being in Jail cost me my job, and I have no possessions that I can give because the Police destroyed everything during their search.
What can I do to avoid going back to Jail? I'm willing to have a debt of a fine, but I can't go back to Jail. I have a family to support.
My Daughter just passed away, three weeks ago. My Wife was already stressed before all of this happened. If I go back to Jail, my Wife will have to be Homeless.
Is there any legal something I can do to avoid going to Jail?
I don't know if anybody is from around here, but the 'Stipe Political Machine', they call it, is still running here. Stipe died a few years ago, but he was one of the most corrupt political figures we had for this part.
I appreciate it. I can upload photographs if you want them, but I warn you, it's just an absolute disaster.
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
the police do not need to articulate PC ... but you are free not to open the door. They will break it down if they wish.
Obstruction is when you do an act, not for failure to perform an act.
But you do need a lawyer .. if you cannot afford one, one will be appointed at minimal cost (but you get what you pay for).
I'm sure the cops will have their side of the story. Best not to say anything.
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
OMG....
Once you get your legal issues resolved I would certainly recommend moving OUT of the jurisdiction of that particular police department. Once you have done that, then you might want to discuss civil remedies with an attorney.
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
civil remedies?
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My wife and I were arguing, and a man that lives across from us (we live in an Apartment), called the Police.
so, based on exigent circumstances, they were demanding entry, even though they did not have a warrant. OP lied to the police and said she was not there. That is obstruction in itself.
Gee, if I remember, Jeffrey Dahmer told the police nothing was wrong when they asked.
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They claimed they needed to check on my wife, who is prescribed medicine by a mental-clinic. She isn't a 'patient'.
Well, she had better be a patient or the prescriptions are illegal. Yes, she is a patient.
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At this point I was very nervous and scared. Police Officers were actively trying for felon-tier charges, and were lying about events taking place.
and you were actively trying to provide them a basis for such charges
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I know I shouldn't have abandoned property like this, but when the Officer claimed I was threatening to shoot Officers, it was an instinct reaction. I disarmed my Home, (only had one weapon).
and they know that how?
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I stated that I will no longer speak without a Lawyer present.
that was the first sign of intelligence in your post
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I told him that if I didn't arrive to work at 6:00 this morning, that I would be at risk of losing my job.
maybe you should have thought about that long before that time, you know, way back when you were refusing the police to be able to check on your wife that you had an argument with so loud and disruptive the neighbor felt the need to call the police?
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I had asked for a phone-call, and was told to hold on. I was never allowed the phonecall.
and this is important why?
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I used the phone in my cell, and was allowed two minutes to call my Wife. (It was about 11PM when I called.)
You were not allowed a phone call but somehow you called your wife. Am I missing something there?
as to not saying anything; what do you think you did on this forum?
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
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Quoting
jk
so, based on exigent circumstances, they were demanding entry, even though they did not have a warrant. OP lied to the police and said she was not there. That is obstruction in itself.
'exigent circumstances', is not a password to enter, and search a Mans Home. They would not tell me why they had 'probable cause', I asked if they had a search-warrant, and they said they did not. Forgive me for being reluctant to allow men, whom one of them stated they would 'destroy everything', into my Home. And they did. They destroyed absolutely everything.
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Quoting
jk
Gee, if I remember, Jeffrey Dahmer told the police nothing was wrong when they asked.
My Wife and I having a brief verbal argument isn't quite the same as Jeffrey Dahmer, an American serial killer and sex offender, who committed the rape, murder and dismemberment of 17 men and boys.
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Quoting
jk
Well, she had better be a patient or the prescriptions are illegal. Yes, she is a patient.
A patient is a " a person who is under medical care or treatment. "
She isn't housed in any facility, she's not receiving treatment, and she isn't making trips to 'receive medical-care'.
70% of Americans take medication. It's not an 'abnormal' concept here in the U.S.
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Quoting
jk
and you were actively trying to provide them a basis for such charges
Not opening my door to men who state they will destroy my property when they enter is hardly a morally correct basis to falsify and makeup, felon-tier false charges.
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Quoting
jk
and they know that how?
I didn't care if they knew. I told them I was disarmed.
It was the first thing that came to mind, it wasn't the most intelligent choice, it was the first choice that came to mind.
The Sheriff said I, 'threatened to shoot Police Officers', so I got rid of my hunting-gun by throwing it off my second-story porch.
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Quoting
jk
maybe you should have thought about that long before that time, you know, way back when you were refusing the police to be able to check on your wife that you had an argument with so loud and disruptive the neighbor felt the need to call the police?
The argument was brief, and was hardly loud. I was actually very surprised to hear the Police at my door.
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Quoting
jk
and this is important why?
I never said it was. But it's policy to give inmates a phone-call, atleast, to call a family-member, Bondsman or somebody.
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Quoting
jk
You were not allowed a phone call but somehow you called your wife. Am I missing something there?
You've never been in Jail.
There's a phone in the Office, and there is a phone in the cells.
You get one free phonecall. (I never received this), and the one in the cells are for inmates to use with calling-cards.
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Quoting
jk
as to not saying anything; what do you think you did on this forum?
Because it's a Law board, and I need advice from people who know more about the Law than I do.
It's pretty obvious you side with the Police who destroyed my Home and a corrupt Sheriff.
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Quoting
llworking
OMG....
Once you get your legal issues resolved I would certainly recommend moving OUT of the jurisdiction of that particular police department. Once you have done that, then you might want to discuss civil remedies with an attorney.
We are. We're going to move to Texas, as long as Court rules on a fine, and not on me going back to Jail.
I didn't want to move. We have alot of friends here. And there's a beautiful countryside. My work is here, too.
But I know it's just better if we get out of this Town ASAP.
We're thinking about Houston.
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Quoting
Jack Jackson
the police do not need to articulate PC ... but you are free not to open the door. They will break it down if they wish.
Obstruction is when you do an act, not for failure to perform an act.
But you do need a lawyer .. if you cannot afford one, one will be appointed at minimal cost (but you get what you pay for).
I'm sure the cops will have their side of the story. Best not to say anything.
yeah, I was told it would be my word against the Sheriff.
I can't afford a lawyer. The ones that are provided to you, do they actually do their best to help you?
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
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My wife and I were arguing, and a man that lives across from us (we live in an Apartment), called the Police.
The arguing was not very loud, and was very brief.
Authorities arrived, and banged on my door. They demanded me to allow them inside.
So the gist of your argument, is the police arrived with probable cause. You basically told them to blow it out their ears and are now discovering that was a very foolish thing to do. You have in fact admitted you are guilty. At this point, you need to request a PD be appointed. Moving out of state will possibly disqualify you from obtaining one.
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
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Suff;739205]'exigent circumstances', is not a password to enter, and search a Mans Home.
um, yes it is. While hey would be limited to issues involving the exigent circumstances, it most definetly allows for them to act without a search warrant.
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They would not tell me why they had 'probable cause', I asked if they had a search-warrant, and they said they did not. Forgive me for being reluctant to allow men, whom one of them stated they would 'destroy everything', into my Home. And they did. They destroyed absolutely everything.
they do not have to tell you what probable cause they have either
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My Wife and I having a brief verbal argument isn't quite the same as Jeffrey Dahmer, an American serial killer and sex offender, who committed the rape, murder and dismemberment of 17 men and boys.
I was referring to you hiding your wife and lying to the cops
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A patient is a " a person who is under medical care or treatment. "
She isn't housed in any facility, she's not receiving treatment, and she isn't making trips to 'receive medical-care'.
70% of Americans take medication. It's not an 'abnormal' concept here in the U.S.
if she is receiving medication, she is under medical care and receiving treatment. You do not have to be housed anywhere to be considered a patient. I am a patient of several doctors but alas, I live at home and have only had brief stays at any given hospital many years ago yet I am still a patient of my current medical providers
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Not opening my door to men who state they will destroy my property when they enter is hardly a morally correct basis to falsify and makeup, felon-tier false charges.
that's your story. want to know who will believe it? Other conspiracy theorists and very few others
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I didn't care if they knew. I told them I was disarmed.
they are not obligated to believe you,. .In fact, the fact you had at least one gun meant it was more likely you were still armed than a man that has absolutely no guns.
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It was the first thing that came to mind, it wasn't the most intelligent choice, it was the first choice that came to mind.
The Sheriff said I, 'threatened to shoot Police Officers', so I got rid of my hunting-gun by throwing it off my second-story porch.
a hunter with only one gun? amateur
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The argument was brief, and was hardly loud. I was actually very surprised to hear the Police at my door.
yet the neighbor heard it and enough of it to believe your wife was in jeopardy
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I never said it was. But it's policy to give inmates a phone-call, atleast, to call a family-member, Bondsman or somebody.
please provide any law that requires that call
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You've never been in Jail.
There's a phone in the Office, and there is a phone in the cells.
You get one free phonecall. (I never received this), and the one in the cells are for inmates to use with calling-cards.
please provide the law that requires that call. While it is a requirement of sorts in some states, it is not required in all. I'm not going to bother checking your state because realistically, I don't really care.
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Because it's a Law board, and I need advice from people who know more about the Law than I do.
It's pretty obvious you side with the Police who destroyed my Home and a corrupt Sheriff.
then listen up:
YOU NEED A REALLY GOOD LAWYER. YOU ARE IN A LOT OF TROUBLE. YOU NEED A REALLY GOOD LAWYER
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
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Quoting
jk
I'm not going to bother checking your state because realistically, I don't really care.
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Quoting
jk
that's your story. want to know who will believe it? Other conspiracy theorists and very few others
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Quoting
jk
a hunter with only one gun? amateur
At this point, don't even bother replying to this thread anymore. Apparently you already believe I'm some 'conspiracy theorist', you compared me to a serial-killer who murdered 17 men and boys in your last post.
You made it clear that you agreed with the Sheriff commanding his Officers to destroy my Home.
You made it clear that you believe I should be jailed for a year, 'to teach me a lesson'.
You made it clear that I should be charged with felon-tier charges for denying a search.
Why even bother posting? You're not posting advice. You're posting rubbish.
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Quoting
jk
yet the neighbor heard it and enough of it to believe your wife was in jeopardy
That same Man is under CPS investigation for beating his kids. I've had enough of your assumptions what you believe should happen.
I came here asking for advice, I stated I can't afford a Lawyer, and asked what else I should do.
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Quoting
Disagreeable
So the gist of your argument, is the police arrived with probable cause. You basically told them to blow it out their ears and are now discovering that was a very foolish thing to do. You have in fact admitted you are guilty. At this point, you need to request a PD be appointed. Moving out of state will possibly disqualify you from obtaining one.
Police didn't arrive with 'probable cause'. If I arrived at your Home at the claim of 'hearing you argue', would you allow me to enter your Home, and destroy all of your possessions?
You probably wouldn't.
I think I'll just take this elsewhere.
I don't think it was right of them to destroy all my possessions, to destroy my walls, and break the glass to my sidedoor.
I have literally, nothing left. This was corruption. This was /not/ law, and this is NOT the America I know.
I know you and JK think it was right of em' to do it, but I don't think it was. That was stuff I can never get back.
I am too old for this bullshit.
It's easy to recline back in your chair and tell me how wrong I was, and that I should be locked up, and your attempts to justify destroying everything I have, corrupt bails, and corrupt law practices is utterly sickening. I think if you were in my position, you wouldn't be saying such garbage.
You don't threaten to destroy my belongings and expect entry, pal.
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
Sigh, you are completely missing the points being presented. Further, you are not allowing it to ground you in the reality that exists. What matters is the police received an emergency call and were investigating. Regardless of your lengthy and in some instances questionable diatribe, you are missing the essence of the situation.
1. You were dead wrong in the beginning.
2. That is what you are charged with and what started this.
3. You need a PD which you are not likely to get if you move to TX.
All the rest is superfluous.
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
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Quoting
Disagreeable
Sigh, you are completely missing the points being presented. Further, you are not allowing it to ground you in the reality that exists. What matters is the police received an emergency call and were investigating. Regardless of your lengthy and in some instances questionable diatribe, you are missing the essence of the situation.
1. You were dead wrong in the beginning.
2. That is what you are charged with and what started this.
3. You need a PD which you are not likely to get if you move to TX.
All the rest is superfluous.
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Quoting
Disagreeable
in some instances questionable diatribe
What was so unbelievable about what I wrote?
They threatened my Home, Dis. I was reluctant to let them in. That's a legal practice? Jesus and Mary.
And they did. They destroyed everything I have.
What's the likelihood of me going back to Jail over this?
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
[QUOTE=Suff;739217]At this point, don't even bother replying to this thread anymore. Apparently you already believe I'm some 'conspiracy theorist', you compared me to a serial-killer who murdered 17 men and boys in your last post.
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You made it clear that you agreed with the Sheriff commanding his Officers to destroy my Home.
No I didn't. I made it clear the police had a lawful right to enter your home
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You made it clear that you believe I should be jailed for a year, 'to teach me a lesson'.
well, you do deserve something for your discretions
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You made it clear that I should be charged with felon-tier charges for denying a search.
if that is what the law places on your crime, who am I to question it?
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Why even bother posting? You're not posting advice. You're posting rubbish.
yes I did post advice:
YOU NEED A REALLY GOOD LAWYER
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That same Man is under CPS investigation for beating his kids. I've had enough of your assumptions what you believe should happen.
I came here asking for advice, I stated I can't afford a Lawyer, and asked what else I should do.
Oh, so that somehow lessens your crime? NOT.
as to the lawyer issue; if you cannot afford a lawyer (and qualify per state guidelines) one will be appointed for you. I suggest you make that request before saying anything else.
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Police didn't arrive with 'probable cause'. If I arrived at your Home at the claim of 'hearing you argue', would you allow me to enter your Home, and destroy all of your possessions?
well, actually they did. There was a report that your wife may be in danger. That is probable cause.
You probably wouldn't.
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I think I'll just take this elsewhere.
bye bye. Give us a call from that jail cell phone.
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I don't think it was right of them to destroy all my possessions, to destroy my walls, and break the glass to my sidedoor.
I have serious doubts they did but just in case the did, you have recourse but you need to deal with the criminal issue first. Once that gets taken care of, come on back and we can work on that.
I have literally, nothing left. This was corruption. This was /not/ law, and this is NOT the America I know.
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I know you and JK think it was right of em' to do it, but I don't think it was. That was stuff I can never get back.
I am too old for this bullshit.
If they actually destroyed your property, no, I do not think it is right and actually believe they should be held accountable for it. My problem is given your attitude, I have my doubts they did what you are claiming.
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It's easy to recline back in your chair and tell me how wrong I was, and that I should be locked up, and your attempts to justify destroying everything I have, corruptive bails, and corruptive law practices is utterly sickening. I think if you were in my position, you wouldn't be saying such garbage.
Well, I wouldn't ever be in your position because I understand what exigent circumstances are and what they allow the cops to do. Because of that, I would have presented my wife to the police (not necessarily letting them in) and allowed them to investigate her condition. After they confirmed she was just fine and the neighbor overreacted, they would have left and I could have gone back to that recliner and started in on the beer.
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
Now that you have calmed down. I am not saying you should not consider discussion with a lawyer regarding violations of your civil rights, after you were taken into custody. That is a separate issue to the very real criminal issue you face due to your actions. Do you understand the difference now?
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
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Quoting
Suff
My wife and I were arguing, and a man that lives across from us (we live in an Apartment), called the Police.
The arguing was not very loud, and was very brief.
Apparently loud enough to cause the neighbor sufficient concern that he called the police.
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Authorities arrived, and banged on my door. They demanded me to allow them inside. I asked them if they had a search warrant, and they declined, he stated that he didn't need a search warrant because he had, "Probable cause".
It's called an "exigency." If they had reason to believe there had been an altercation between you and your wife, and they can articulate good cause to make entry to check for injuries, then they can make that entry. Note that they do NOT have to articulate it and explain it to you and are likely to be less inclined to do so through a closed door.
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I said that I do not consent to a search of my Home, and will comply if a search-warrant is issued.
They claimed they needed to check on my wife, who is prescribed medicine by a mental-clinic. She isn't a 'patient'.
The younger Police Officer asked if my wife was inside, and I lied, and stated that she was just out shopping, and that I haven't heard any noise.
This is probably why you were charged.
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I was detained on the charge of "Obstruction of an Officer.", for refusing to open my door to allow the search.
Yep.
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They continued packing more and more people into these cells. Staff, an infection, was very rampant. People begged to be allowed to go to the Hospital, but Jailers simply didn't care.There was alot of sick inmates. They stated that they could go when there is a 'transport' available. Which was apparently 'never'.[B]
Sounds like the issues at the jail are something you can mention to the local media.
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I first arrived Home, and I dropped.. Everything. Everything I had was ruined, and destroyed. I looked over my walls. Police had used a hammer to punch large holes into the wall of my home, and kicked out the glass of my sidedoor.
I would hope they had a search warrant, otherwise they'll sorta be screwed if you make a claim for damages. Even if they had a warrant, I doubt they'd be able to justify breaking those things up.
You should probably speak with an attorney about that.
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My Courtdate is in four days.
I'm told they are going to try for the maximum sentence of one year in county Jail, and they will be very aggressive in doing-so.
Told, by who? I doubt anyone at the prosecutor's office is telling you this ... so, where's that info coming from?
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A Police Officer, (friend of mine), told me that the shotgun that I put outside, was never brought into the station. The Sheriff had kept it, presumably to blackmail me, (or my wife if I'm put in Jail, again), incase I actually have footage. He used gloves in handling it, so only my finger prints remain on it.
He told me the 'talk', was that it would be in the best interest of the Sheriff to have me locked in Jail, so that I wouldn't talk to anybody.
If any officer truly believes that such criminal malfeasance is occurring he is obligated (legally and ethically) to take some action.
Of course, "talk" doesn't mean anything. The sheriff or his deputies could have expressed their wish for you to be in jail without it being any part of a grand conspiracy.
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I can not afford a Lawyer. As I said, me being in Jail cost me my job, and I have no possessions that I can give because the Police destroyed everything during their search.
The good news is that you will get a court-appointed attorney.
And, if you have the damages you claim, you can probably get an attorney to represent you in your claim against the agency on contingency.
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Re: Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed
You didn't tell us anything about the search warrant the police obtained for your home, or the scope of that warrant - they were searching for what?
Incidentally, searches work much more like a demolition than like a maid service. The general rule is that the police have no liability for damage caused during a search if the damage is reasonable - and when searching houses for drugs or firearms, which can be stashed inside furniture, inside walls, etc., a lot of damage can be done without the damage being deemed unreasonable. I'm not going to condone the practice, but as you were warned the search gives the police the opportunity to impose some "street justice". I don't know that you will be able to prove that the officer made the described threat; if you can, you can bring that to the attention of the civil rights lawyer you consult with the details of this case.
It was deeply foolish of you to lie to the police, and your lies and effort to keep the police from speaking with your wife undermine your claim that this was a little argument that you would not have expected to disturb the neighbors.
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Quoting Title 59 O.S. Sec. 1338. Use of telephone.
Each person arrested shall have an opportunity to use the telephone to call his attorney and bondsman before being placed in jail, or within six (6) hours thereafter.
The Oklahoma Courts have held that the violation of that statute does not affect the validity of an arrest or charge, Marquardt v. Webb, 545 P.2d 769, 771-72 (Okla.1976), although if productive of harm a violation of the statutory right might be ground for sustaining exceptions, Commonwealth v. Murray, 359 Mass. 541, 269 N.E.2d 641, 644-45, n. 2 (1971), and could potentially support a civil claim. Marquardt v. Webb, 545 P.2d 769 (Okla. 1976). The statute does not require that the phone call be free to you, although it would reasonably be inferred that you should be permitted a free phone call if you did not have the resources with which to make a call from the phone in the jail cell.