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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Did the Police Have a Right to Give Me a Ticket?

    My question involves police conduct in the State of: California

    Recently I had gotten in an arguement with my boyfriend and asked him to leave my apartment. When he refused I called the police. My conversation with the dispatcher lasted less than a minute. I told her I was calling because my boyfriend refused to leave my residence. I gave her my address and in the middle of saying his name I hung up my phone because my boyfriend started to leave since he did not want the police to get involved. THe dispatcher called within the next minute and asked me if I still wanted the police to come. I explained to her we had resolved the situation and did not want police to come. She asked me if there had been any physical abuse and I responded no. About 30 minutes later while my boyfriend and I were talking there was a knock on the door. The door was slightly ajar and before I had walked over to it, the police pushed it open and had said they were responding to a domestic dispute and smelled marajuana. I instantly admitted to them that I am diagnosed with anxiety ( and I showed them my empty prescription Lorazopram bottle) --- the arguement had given me a panic/anxiety attack and since I was out of medication I always keep a small amount of marajuana on me to calm me down. They asked me to give them the marajuana and I completely complied ( I had a small amount the size of a dime and less than 1 gram). The police then threatened that they could arrest me for that and that they would be citing me for possession. They told my boyfriend and me to follow them to they car but my boyfriend walked off and they let him go. I was then cited with a misdemeanor. Sooooo my question is, if I asked for the police not to come and they still showed up at my home, is my ticket still valid??

  2. #2
    Join Date
    Nov 2007
    Location
    Dauphin County, PA
    Posts
    439

    Default Re: Did the Police Have a Right to Give Me a Ticket?

    Yes, it's still valid. You called 911 in an emergency and then hung up on the operator. Someone who has most likely dealt with tons of DV cases. Which then prompted them to continue through with the police.

  3. #3

    Default Re: Did the Police Have a Right to Give Me a Ticket?

    As a former dispatcher myself, I can tell you that almost EVERY department in the country will send police (and often more than one if they value their officers) to anything that even SMELLS like a domestic call - even if you call them back to say everything is ok. Not only because it's the right thing to do to ensure YOUR safety, but because it creates a HUGE liability issue for the department if they simply cancel the call and you end up dead (and while this might sound exaggerated to you, it happens all the time). Having been the last person to talk to a victim on the phone on numerous occasions, only to have that person be killed while ON the phone with you, or shortly thereafter, I can tell you that suspected DV calls get HIGH priority.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Did the Police Have a Right to Give Me a Ticket?

    Quote Quoting aardvarc
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    As a former dispatcher myself, I can tell you that almost EVERY department in the country will send police (and often more than one if they value their officers) to anything that even SMELLS like a domestic call - even if you call them back to say everything is ok. Not only because it's the right thing to do to ensure YOUR safety, but because it creates a HUGE liability issue for the department if they simply cancel the call and you end up dead (and while this might sound exaggerated to you, it happens all the time). Having been the last person to talk to a victim on the phone on numerous occasions, only to have that person be killed while ON the phone with you, or shortly thereafter, I can tell you that suspected DV calls get HIGH priority.

    I agree.

    Although police 'generally' have no "duty to protect", IF a "special relationship" is established, such as an emergency call, any deliberate or negligent delay time in responding is most probably actionable.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Did the Police Have a Right to Give Me a Ticket?

    And, even in California, you don't get to self proscribe medication.

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Did the Police Have a Right to Give Me a Ticket?

    Quote Quoting tkhonsari
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    Sooooo my question is, if I asked for the police not to come and they still showed up at my home, is my ticket still valid??

    I don't think the argument will survive a legal challenge. On a domestic call, the officers have a general right to enter a home without a warrant, so any contraband in plain view/plain sight and any charge for such drugs, etc., citation or arrest, will not be successfully thrown out under the exclusionary rule.

    You although, have a right to any defense you feel is warranted.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Did the Police Have a Right to Give Me a Ticket?

    Quote Quoting tkhonsari
    View Post
    About 30 minutes later while my boyfriend and I were talking there was a knock on the door. The door was slightly ajar and before I had walked over to it, the police pushed it open and had said they were responding to a domestic dispute and smelled marajuana. I instantly admitted to them that I am diagnosed with anxiety ( and I showed them my empty prescription Lorazopram bottle) --- the arguement had given me a panic/anxiety attack and since I was out of medication I always keep a small amount of marajuana on me to calm me down. They asked me to give them the marajuana and I completely complied ( I had a small amount the size of a dime and less than 1 gram). The police then threatened that they could arrest me for that and that they would be citing me for possession. They told my boyfriend and me to follow them to they car but my boyfriend walked off and they let him go. I was then cited with a misdemeanor. Sooooo my question is, if I asked for the police not to come and they still showed up at my home, is my ticket still valid??
    Yes, the ticket is still valid.

    They were responding to a potential domestic and they smelled the odor of marijuana through an open door. Sorry, but I don't see much wiggle room for you here.

    Consult local counsel ... or, just pay the fine (which will be much less than the cost of an attorney).

    - Carl

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