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  1. #1
    Join Date
    Mar 2010
    Posts
    9

    Default Door Kicked in While Open and Naked

    Michigan

    Our neighbors called the police cause we were arguing. It was late but when the cops got here the fight was over and we were in the midst of make up sex. We didn't have any pants on. I opened the door slightly to talk to them. They asked whats going on I said I'm about to make love to my husband. They demanded to be let in right then. I kept saying I don't have any pants on please wait one minute, so his partner kicked in the door I was standing behind(using to cover up items only my husband should see) and forcing me to fall backwards. They came and took my husband to jail claiming they seen him on top of me (we were on the couch). I kept saying nothing was wrong we weren't physically fighting. Didn't matter the cops yelled at me said they seen what was going on and took him to jail. My question is can they just kick the door in when I voulintarily opened it while telling them I was naked? I feel the least they could of done was give me a minute to cloth my self? Can I file a complaint against the officers? and Where do I go to do it?

    Thank You I really need help. He's charged with a crime that didn't happen I feel sorta victimized bt the police not protected.

  2. #2

    Default Re: Door Kicked in While Open and Naked

    Here's the way this works: when you're fighting loud enough that other parties are worried for your safety and they call police, police have a duty to ensure that no one is injured, dead, etc. Domestic disputes are among the most dangerous calls that officers respond to, for both victims AND officers, so they have little choice but to IMMEDIATELY establish that all parties have been accounted for and that they are ok. You wouldn't believe the number of times people have cracked the door to tell police that everything is ok with a dead or dying person on the floor right behind them. Time to put on clothes is more than enough time for a potential perpetrator to flee or for someone to grab a weapon. You are free to file a complaint, but don't expect it go to anywhere - police had a duty to ensure your safety and their own...even if you were naked.

    Fighting loud enough for other parties to hear you and summon assistance (since they can't see what's happening) means that rights to privacy can go right out in window in favor of necessity to immediately ascertaining safety and that the situation hasn't resulted in a crime.

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