Home Searched Without Warrant, Detained, and Home Ruined. Everything Destroyed

[jk]

[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.

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

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

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?

Why even bother posting? You're not posting advice. You're posting rubbish.

yes I did post advice:

YOU NEED A REALLY GOOD LAWYER

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.

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.

I think I'll just take this elsewhere.

bye bye. Give us a call from that jail cell phone.

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.

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.

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.

[Disagreeable]

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?

[cdwjava]

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.

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.

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.

I was detained on the charge of "Obstruction of an Officer.", for refusing to open my door to allow the search.

Yep.

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.

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.

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?

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.

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.

[Mr. Knowitall]

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.

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.