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  1. #1
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    Apr 2009
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    Default Wrongful Detention of a Probationer's Roommate After a Search

    My question involves police conduct in the State of: California

    I rent a room that I have a rental agreement for in a home where another tenant is on probation for a drug charge, they have no violence, no flight risk, exemplary probationer, they have a rental agreement as well. The other morning I woke up to the sheriffs at the door with guns drawn and a flashlight shinning in my eyes yelling at me to vacate the premises. So tenant #2, the landlord and myself we told to sit on the lawn in our pajamas while they searched the house.
    The landlord is not on probation nor am I. We were asked who we were, if we live there, our cell phone numbers, date of birth etc. We asked why they were there and they said probation compliance check. Ok we said and asked if our house was going to be torn apart and informed them that tenant #2 rents a room there and does not have access to my room, landlords room but does have kitchen use.

    They didn't care anything about what we said. 45 minutes later they came out empty handed and told tenant #2 and myself to stand, put our hands behind our back and cuffed us, then put us in one of the 5 cop cars parked in front of our house together, they hung around laughing and joking until one of the deputies told them to break it up and move down the street. They separated us into different cars and I asked them if I was under arrest, if so what for. The female deputy replied oh you know what for. I said No I do not know what for and am I under arrest? She replied Oh I hate liars. at that point I responded I wish to speak with an attorney. For the next 30 minutes I was harassed and coerced because I remained silent. They took me straight to the county jail where I was processed in. I asked to make a call to an attorney and was denied use of the phone for the next 6 days. I was never informed why I was being arrested, never read my miranda rights, was body cavity searched, was not brought before a judge at all and was incarcerated for 7 days on no charges. My booking information states no charge a court appearance that should have taken place 4 days after I was booked in and on the release notes it states IMPERATIVE RELEASE. I am appalled at the misuse of authority and it behooves me to think they felt my arrest was necessary. As for tenant#2 they found nothing but did some flash, 10 day sentence.

    Do I seek an attorney for this? With whom do i file a complaint and how? I lost 7 days of work, my reputation, body cavity searched, treated as if my life had no value of existence. The level of incompetence and lack of concern is an outrage not to mention a complete waste and misappropriation of taxpayers hard earned money.

  2. #2
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    Apr 2009
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    Somewhere near Canada
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    Default Re: A Civil Rights Violation

    Why did you get in the car?

  3. #3
    Join Date
    Apr 2009
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    9

    Default Re: A Civil Rights Violation

    there were 4 deputies one on each side,front and back I was handcuffed and the deputy had my arm. so basically I had no recourse.

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
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    1,532

    Default Re: A Civil Rights Violation

    Quote Quoting tweller
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    I rent a room that I have a rental agreement for in a home where another tenant is on probation for a drug charge, they have no violence, no flight risk, exemplary probationer, they have a rental agreement as well.
    Ok, so you know you voluntarily chose to share a residence with a person you knew was subject to probation compliance and compliance checks. That was your choice. And, you really have no way of stating as a fact that the probationary roommate is an “exemplary probationer,” unless you are actively monitoring him/her 24/7.

    Quote Quoting tweller
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    The landlord is not on probation nor am I.
    Completely irrelevant. Again, you chose to live in a residence that is subject to compliance checks.

    Quote Quoting tweller
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    We were asked who we were, if we live there, our cell phone numbers, date of birth etc. We asked why they were there and they said probation compliance check.
    All legitimate. Whoever is supervising your roommate’s probation is entitled to know who they are residing with. It is quite likely that conditions of his/her probation include no association with felons, sex offenders, previously convicted drug users, etc.

    Quote Quoting tweller
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    They didn't care anything about what we said.
    Because you apparently didn’t say anything that was relevant.

    Quote Quoting tweller
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    45 minutes later they came out empty handed and told tenant #2 and myself to stand, put our hands behind our back and cuffed us
    And you know that they were “empty handed” exactly how? The police are not required to confront you with the evidence against you or explain what evidence was found before arresting you. That is what court is for.

    Quote Quoting tweller
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    at that point I responded I wish to speak with an attorney. For the next 30 minutes I was harassed and coerced because I remained silent.
    Please explain in detail exactly what you mean by “harassed and coerced.” Were you threatened with physical abuse or was any physical force used on you? Or, did the deputy simply continue to “insult” you by calling you a liar?

    Quote Quoting tweller
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    They took me straight to the county jail where I was processed in. I asked to make a call to an attorney and was denied use of the phone for the next 6 days.
    I find this claim particularly hard to believe…unless you were so uncooperative with the booking process that you were placed in a holding cell until you were willing to cooperate with the booking process. You only get to make calls AFTER you complete the booking process in many jails. Even then, I would have a very difficult time believing you were held in such a state for more than 48 hrs.

    Quote Quoting tweller
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    I was never informed why I was being arrested,
    Again, I find this claim hard to swallow. You mean to tell me that during the booking process you were never told what charges you were being booked for and if there was any bail? Did you ask? Unless you “failed” booking due to your belligerent and/or uncooperative behavior, this is a standard part of every booking process I have ever hear tell of.

    Quote Quoting tweller
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    never read my miranda rights,
    Completely irrelevant unless you were questioned about potentially incriminating matters AFTER you were arrested.

    Quote Quoting tweller
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    was body cavity searched,
    Again, I would like a specific explanation of what you mean by this. Was any body cavity actually penetrated by an official’s finger or any other instrument? Or, were you simply ordered to spread your cheeks for a visual inspection of evidence that you were keestering contraband? Such visual inspections are common for any drug related offense and have been upheld by the courts of most states as reasonable for a booking search.

    Quote Quoting tweller
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    was not brought before a judge at all and was incarcerated for 7 days on no charges.
    Again, I am skeptical of this claim. Less than 72 hours after arrest to have an arraignment is the norm for any person being held in custody.

    Quote Quoting tweller
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    My booking information states no charge a court appearance that should have taken place 4 days after I was booked in and on the release notes it states IMPERATIVE RELEASE.
    The “imperative release” sounds like the prosecutor failed to have you arraigned and was forced to release you before that 72 hrs I mentioned was up.

    Quote Quoting tweller
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    As for tenant#2 they found nothing but did some flash, 10 day sentence.
    I thought “flash” was an obsolete term, no longer in common usage. But, what I used to know it to mean was, generically, any hallucinogenic drug (including sometimes inhalants) or, specifically, LSD. If you are using it to mean something else, please explain.

    Quote Quoting tweller
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    Do I seek an attorney for this? With whom do i file a complaint and how?
    If even SOME of the abuse you claim is actually true, then your rights were violated in some staggeringly shocking ways…In fact, so shocking that I find them completely unbelievable. BUT, if you are truthfully stating what happened, without exaggeration/hyperbole, then by all means you should contact an attorney and file a complaint with the State and/or Federal Department of Justice. If even a couple of your claims can be verified or corroborated, attorneys should be falling all over themselves to take your case on contingency.

    Quote Quoting tweller
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    I lost 7 days of work, my reputation, body cavity searched, treated as if my life had no value of existence. The level of incompetence and lack of concern is an outrage not to mention a complete waste and misappropriation of taxpayers hard earned money.
    And, that would be the damages you would claim in your law suit against the county.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  5. #5
    Join Date
    Apr 2009
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    9

    Default Re: A Civil Rights Violation

    Every chain of event is true and correct. I was completely cooperative, asked politely to use the phone the correctional officers said as soon as you are booked you will get a pin number, which i never received, every time I asked there was an excuse of you'll get it when we have time. While they were finger printing me I asked what the booking charges were, the deputy did not answer my question she replied Im here to fingerprint you relax your hand. after I was finger printed was put back in a cell with 10-15 other girls then we were lined up for a medical eval. xrays taken and put back in the cell. the phones were off and no pin number was given. I was lined up and put in medical cell for hours, then assigned a 2 person cell and was not let out of there for 4 days my food came in a plastic bag 3 times a day consisting of a packet of peanut butter bread carrots on the 4th day they took me to the court house where I sat all day and did not see the judge was sent back to jail for 3 more days and was not let out of the cell until I was released. My landlord tried to locate me and find out the charges, bail, court date and was told there were no charges and no bail amount and a court date in 4 days. I have the booking information which has no charges on it.

  6. #6
    Join Date
    Jan 2013
    Posts
    372

    Default Re: A Civil Rights Violation

    If you look in your local phone book you will find many lawyers who offer a free initial consult. I find your story hard to believe but talk to a lawyer or two. See if anyone thinks you have a case.

  7. #7
    Join Date
    Nov 2013
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    Default Re: Wrongful Detention of a Probationer's Roommate After a Search

    Quote Quoting tweller
    View Post
    My question involves police conduct in the State of: California

    I rent a room that I have a rental agreement for in a home where another tenant is on probation for a drug charge, they have no violence, no flight risk, exemplary probationer, they have a rental agreement as well. The other morning I woke up to the sheriffs at the door with guns drawn and a flashlight shinning in my eyes yelling at me to vacate the premises. So tenant #2, the landlord and myself we told to sit on the lawn in our pajamas while they searched the house.
    The landlord is not on probation nor am I. We were asked who we were, if we live there, our cell phone numbers, date of birth etc. We asked why they were there and they said probation compliance check. Ok we said and asked if our house was going to be torn apart and informed them that tenant #2 rents a room there and does not have access to my room, landlords room but does have kitchen use.

    They didn't care anything about what we said. 45 minutes later they came out empty handed and told tenant #2 and myself to stand, put our hands behind our back and cuffed us, then put us in one of the 5 cop cars parked in front of our house together, they hung around laughing and joking until one of the deputies told them to break it up and move down the street. They separated us into different cars and I asked them if I was under arrest, if so what for. The female deputy replied oh you know what for. I said No I do not know what for and am I under arrest? She replied Oh I hate liars. at that point I responded I wish to speak with an attorney. For the next 30 minutes I was harassed and coerced because I remained silent. They took me straight to the county jail where I was processed in. I asked to make a call to an attorney and was denied use of the phone for the next 6 days. I was never informed why I was being arrested, never read my miranda rights, was body cavity searched, was not brought before a judge at all and was incarcerated for 7 days on no charges. My booking information states no charge a court appearance that should have taken place 4 days after I was booked in and on the release notes it states IMPERATIVE RELEASE. I am appalled at the misuse of authority and it behooves me to think they felt my arrest was necessary. As for tenant#2 they found nothing but did some flash, 10 day sentence.

    Do I seek an attorney for this? With whom do i file a complaint and how? I lost 7 days of work, my reputation, body cavity searched, treated as if my life had no value of existence. The level of incompetence and lack of concern is an outrage not to mention a complete waste and misappropriation of taxpayers hard earned money.
    If everything you say is true and you haven't left out something like an outstanding warrant, you may have a case. You should see a civil rights attorney and he will tell you if you have any case.

  8. #8
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Wrongful Detention of a Probationer's Roommate After a Search

    I'm not sure why people on this site sometimes treat people the way they do, but whether you've left anything out or not, it is always a good idea to consult an attorney for a consultation. Tell him every truthful detail. Nobody on a site like this is going to be helpful to you, and most don't come here to be helpful to people anyway from what I observe frequently (budwad and DaveM's advice being exceptions).

  9. #9
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,532

    Default Re: A Civil Rights Violation

    Quote Quoting tweller
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    Every chain of event is true and correct. I was completely cooperative, asked politely to use the phone the correctional officers said as soon as you are booked you will get a pin number, which i never received, every time I asked there was an excuse of you'll get it when we have time.
    Ok, the PIN number system is used to allow you to make personal phone calls once you have completed the booking process and moved to a housing cell. Being denied that is not going to carry much weight. However, if you are also saying that during or immediately after the booking process you were not allowed an opportunity to contact an attorney…and you specifically asked to use the phone TO CONTACT AN ATTORNEY…that would constitute a serious violation of your rights.

    Quote Quoting tweller
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    While they were finger printing me I asked what the booking charges were, the deputy did not answer my question she replied Im here to fingerprint you relax your hand.
    Well, what she told you is true as far as it goes. The person doing the fingerprinting may not even know what you are being booked for. However, probably just before you went to get printed and have your picture taken, you should have been sitting/standing in front of a deputy who was asking you questions and entering info into a computer…would have asked questions like verifying your address, phone number, emergency contact, etc. Did you ever enquire of THAT deputy what you were charged with and if there was any bail? You should have been told without having to ask. But, if you specifically asked and that information was not given, again you have a pretty significant cause for complaint.

    Quote Quoting tweller
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    after I was finger printed was put back in a cell with 10-15 other girls then we were lined up for a medical eval. xrays taken and put back in the cell.
    I presume this is when the "body cavity search" occurred? Again, a more specific description of what you were subjected to is needed to give any advice as to whether this was reasonable or not. A visual inspection and/or electronic scan would most likely be reasonable. An actual physical intrusion into your body would require significant specific, articulable cause and, most likely, a warrant signed by a judge.

    Quote Quoting tweller
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    I was lined up and put in medical cell for hours, then assigned a 2 person cell and was not let out of there for 4 days my food came in a plastic bag 3 times a day consisting of a packet of peanut butter bread carrots on the 4th day they took me to the court house where I sat all day and did not see the judge was sent back to jail for 3 more days and was not let out of the cell until I was released.
    Again, if you were held longer than 72 hours without an arraignment or preliminary hearing, you likely have cause for a significant complaint.

    Quote Quoting tweller
    View Post
    My landlord tried to locate me and find out the charges, bail, court date and was told there were no charges and no bail amount and a court date in 4 days. I have the booking information which has no charges on it.
    Despite Bubba Jimmy's insinuation that my previous reply was intended to dump on you, that is not my intent. I openly state my skepticism because it is not uncommon for posters here to engage in hyperbole or even outright mischaracterization of the facts of an incident they are inquiring about. Frequently these are revealed when the story starts changing when specific questions are asked in reply (like the "body cavity search" in your first post seeming to change to an "x-ray" in your second). I note that you did not answer most of the specific questions I originally asked and only superficially touched on the rest. I believe that it does a poster a disservice to fail to demonstrate that their exaggerations and mischaracterizations tend to fall apart under knowledgeable scrutiny.

    The primary reason I am so skeptical of your account is that the violations you claim HAVE occurred before. Being held for an unreasonable time without a hearing, denied information regarding charges and bail, coerced confessions/incriminating statements, withholding access to legal council, body cavity searches, arrest without probable cause…all of these things are the basis for very well known and long-standing case law. They have also resulted in police and jail staff being convicted of serious criminal offenses and their agencies being hit with VERY expensive law suits. The resulting consequences for the violations you claim have been quite well known to police and jail staff, supervisors, administrators, and government officials for years. They all know that getting caught doing some of this stuff again would be completely indefensible in court and would result in seriously painful consequences. So, I find it mind-boggling that any jail would commit so many violations, one after another, and not already be hammered by either the state or federal DOJ.

    So, like I said before, if even a couple of your claims can be verified or corroborated, you should easily be able to find attorneys falling all over themselves to handle your civil suit on contingency…it should easily make both you and your attorney financially "comfortable."
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

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