Police Visit for Assault and Battery

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Quoting jk

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One can be in custody while in their own house. Anytime a person is not free to leave (or end the interrogation in this situation) they are in custody. It may be harder to make the claim but it is still there.

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Oh sure, you can still be in custody (seized) even in your own house, but the facts do not suggest that here.

Even if detained and not free to leave, that does not necessarily equate to "custody" for purposes of Miranda. The "force" used must generally be commensurate with that equivalent to a physical arrest and not merely a detention.

- Carl

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Quoting BOR

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Oh sure, you can still be in custody (seized) even in your own house, but the facts do not suggest that here.

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Now BOR, did I say they did?

No I didn't..


I simply believed your statement could have been read to imply that one could not be in custody within their own house.

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Quoting jk

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I simply believed your statement could have been read to imply that one could not be in custody within their own house.

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As you know now, I did not mean that. You know I know enough about the 4th AM not to have concluded that!

However, Carl your bedside manner can be a little better. Remember these people are very scared and are seeking free advice. I saw something in one of your treads that you said and it disturbed me.

What I mean but low class is Getto. The kid and his parents are bragging about how much money they are going to get and how we are going to be put out of our house. My son has to hear all this stuff at school. I'm going to move to slap restraining order on him. This bullying stuff has gotten out of hand with these kids and everone is scared.

Thanks

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Quoting jackdog

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However, Carl your bedside manner can be a little better. Remember these people are very scared and are seeking free advice. I saw something in one of your treads that you said and it disturbed me.

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Really? And what was it I wrote that "disturbed" you? What was it I said that was so rude, crude or demeaning?

I seem to recall answering the question you had concerning whether the police can interview your children without you present and the answer was, "yes". Likewise, they can come inside if they are allowed in. I don't know how I could have couched my response in any softer a cushion short of apologizing for the officers trying to do their jobs.

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What I mean but low class is Getto.

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And what is "ghetto"? Poor? Minority? Uneducated?

Now, if you are referring to the actions of an individual family rather than a group or "class" of people, I can agree. If they are going around thinking they won the lawsuit lottery, then that makes their actions lowbrow or something similar, but they are certainly not part of a definitive "class" of people. I know people that are like this who do not fit into a definition coming anywhere near "ghetto".

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I'm going to move to slap restraining order on him. This bullying stuff has gotten out of hand with these kids and everone is scared.

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You can ask for one, but if the child is under 14 or has not done something more to your son than be verbally abusive, I wouldn't count on the order being granted. It is rare that a restraining order is issued against a minor at all, almost unheard of if no physical assault has ever been reported. It may be worth the try (and may cost upwards of $250 or so), but don't assume it will be automatically issued.

- Carl

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Quoting BOR

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As you know now, I did not mean that. You know I know enough about the 4th AM not to have concluded that!

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I know YOU know but somebody reading your reply may have misunderstood your reply.

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Quoting jackdog

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However, Carl your bedside manner can be a little better. Remember these people are very scared and are seeking free advice. I saw something in one of your treads that you said and it disturbed me.

s

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You have got to be kidding me. Carl is one of the most calm, least confrontational, least abrasive yet honest and factual guys here.

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Quoting jk

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I know YOU know but somebody reading your reply may have misunderstood your reply.

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Oh, I see what you meant, 10-4.

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Quoting jk

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You have got to be kidding me. Carl is one of the most calm, least confrontational, least abrasive yet honest and factual guys here.

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But in California, some of the known laws of the universe don't apply. Had Carl responded, "No, they can't go in your house, dumbass. Sheesh, what a stupid question?! Who doesn't know the cops can't go in your house without a red carpet invitation and a nice fondue and Chablis?!", OP would have been like, "Sweet, thanks!" All, presumably, because not the tone of the answer, rather the answer itself.

I have read Carl's response like nine times. I just don't get at all where he was rude other than failing to do that which the public demands the police do despite what their job description isn't: protect your ass, not kiss it.

Carl, I'm also curious about this alleged bedside manner of yours. Either I've missed the recent news on the last major advance in political correctness and law enforcement's PR campaigns, or you're moonlighting.

But that's not specifically why I write.

Carl, you said in California, and I'll defer to your understanding since you live and work there, that restraining orders against minors aren't common. And that in cases, from what I gather anyway, in which they are issued, there must be some type of assault before one will issue. But in this case, I'm not sure how your courts would look at the attempt --if true-- of the one minor in question to assault OP's child. Or would it require more than just an attempt, but also like an actual injury or something?

Also, OP, if you're so utterly affluent, then why not use this large quantity of money and send your child to a better school such that he won't any longer be exposed to such an undesirable "class" of the citizenry? I mean, seriously, if it's THAT bothersome that you're worried about your child's safety to SUCH a degree that you'd want to get a restraining order (presumably one which would prevent this other child from going to school?) to protect your child, why not just cut out all the wondering and uncertainty by doing what good little capitalists have been doing for years: making a statement with their checkbook?

There is no predicting how a judge might decide, and it will depend on the allegations in the affidavit (as well as the ages of the kids involved), but a single incident of an attempt to lash out physically while in anger is not likely to compel a judge to take the drastic step of issuing a TRO. An articulated pattern of aggressive or assaultive behavior would be more likely to be successful.

- Carl