On the evening of Thursday, January 7, 2010, at about 5:00pm – I, Alex, was resting on my couch watching the golf channel at my Botanica Apartment located at 101 Saint Anne Dr. Apt. *censored*, Mandeville, La 70471. I was enjoying my day off work, minding my own business. My peace and tranquility was soon disturbed, as two young men came to my door and began knocking rather loudly. I wasn't expecting any guests, and none of my friends had called me to come over. I walked to the door and looked out the peephole, noticing two young white males whom I did not recognize and whom I have never met before in my life. To this day I do not know their names. They were making strange threats through the door, and kept saying things like "you know why we're here" and "you better let us in or else, threat, threat, threat…" Fearing they may be at my house to rob me or start some kind of strange house invasion, and thinking they may have weapons I grabbed my cell phone and dialed 911.
At exactly the same time I was speaking to the emergency dispatcher and explaining my strange situation, I heard a small rap on my back door. I walked to my back door and lifted the blinds to see who it was. I recognized a short female whom I have seen several times before in my apartment complex – she was my neighbor from across the hall, Jennifer. I opened the back door and asked her what she needed. She told me, "I called the police." I told her that I, too, was on the phone with the police and they would be here soon. Jennifer's front door is about 8 feet away from my front door, so obviously the extremely loud knocking and kicking on my door by these two young individuals had attracted the attention of my neighbor, Jennifer, at the very least.
Standing away from my front door, in case these young men were to try firing a gun through the door, I stayed on the phone with the emergency dispatcher until the police arrived at my complex. It took about 3 minutes. When I noticed police coming through the entrance gate I finally walked to the front door and looked out the peephole again. The two young men were talking to one another. I spoke through my door to them saying, "Hey, I don't know who you are, but the police are here for you." I noticed them bolt in the direction of an upstairs stairway and then they quickly disappeared.
I lit a cigarette and stood in my foyer, awaiting a knock from a Mandeville Policeman. Finally, an officer knocked on my door and stated "Mandeville Police." I opened the door and let him come inside my foyer. Still smoking the cigarette, I answered some simple questions for the officer. I told him there was no one else in the house, I showed him my I.D. card, and finally explained to him why I called the police. I asked him if they found the two young men, and he said yes – they found them upstairs. The officer ran my I.D. through his radio to his dispatcher. After this, and after the policeman was satisfied that there were no other people in my apartment, I opened my front door and asked the officer to please step outside to my porch. He said, "make me." I found this very scary. I couldn't understand why this policeman was being so rude to me. He also mumbled something to the effect of, "I don't believe a word you say or a word 'they' say either." I felt that my emergency situation was taking place now outside my apartment, so I felt it important for me and the officer to exit my apartment and locate these two young men. After another minute of what seemed as a very awkward standoff with officer G.S., he appeased and said "follow me upstairs". I locked my front door behind me and put the keys in my left jeans pocket.
I followed officer G.S. upstairs where his squad had found the two young men inside the apartment of Mona and Taylor (don't know last name) at apartment *censored*. Upon entering the apartment, I noticed the two young men in handcuffs. I confirmed they were the two causing all the noise and making threats. The two young men then pleaded with me saying, "Sir, we don't know who you are, we are looking for a person named Scott that owes us $200.00." I said I didn't know who they were talking about and that no one named Scott had been to my apartment that day. It seemed very strange that they were looking for someone named Scott at my apartment. I could only think in the back of my mind that these young men were misinformed or were just following out a huge misunderstanding. They continued to assure me that this was a huge mistake and they would not return to my porch banging on the door now that this was cleared up. I was very upset about the commotion they had caused not only to me, but to my neighbor, and now several other neighbors were emerging from their porches to watch the myriad of police. I decided not to press charges. I've been to jail before and I didn't think this situation warranted them to go to jail. I just wanted them to leave now that they knew I was not Scott and I was not the person they were looking for. And further, the person they were looking for was not at my apartment.
Officer G.S. told me to write on a tablature and sign it saying I was not going to press charges. I did this. Then, I lit a cigarette and walked over to my neighbor Jennifer and her husband who were now about 8 feet to the left of my front porch. I told them that this was all a giant misunderstanding and that the kids would leave and not come back to cause more damage or noise. I told them I did not press charges. At that exact moment, I was called over to my own porch by officer G.S. I walked the 8 feet back to my porch and he said, "Okay, they aren't going to jail – but you are." A female cop then placed me in handcuffs. I asked why I was being arrested. Officer G.S. said that I had a failure to appear in court from 2006, and they were now exercising the bench warrant to arrest me for it. I said the warrant was bogus, but it didn't matter. This showed up on their computer and these cops had to arrest me. After being placed in handcuffs, an officer began to pat me down for weapons. He/she looked first in my right pocket, taking out my cell phone. Next, he/she proceeded to my left pocket, removing my keys to my car and apartment. A new officer, officer J.R. asked me if I had any illegal weapons or contraband in my apartment. My EXACT words to him were very clear, as I did not want to be misunderstood by him, by any other cop and possibly so my neighbors could hear me – I said, "Sir, I do not consent to searches." He said okay, then, proceeded to open my front door using my keys – completely against my will. Now six policemen entered my foyer without my permission, and all started saying they smelled marijuana. Again, officer J.R. asked me where the drugs were – that he could smell pot. I remained silent. At that moment, a different policeman mentioned to officer J.R. that I was under duress. Officer J.R. then said, "Okay don't let him tell us anything, we'll try to get a search warrant." Some random cop read me my Miranda rights, then I was pulled back outside to the porch. I remained outside my apartment while at least 6 officers remained in my foyer. After about 2 minutes, a cop led me into my own foyer to show me something. Original officer G.S. was now in my bedroom with a flashlight shining at a small marijuana pipe. He said the pipe plus the smell was going to get them a search warrant. I remained silent. At the same moment, a female cop walked toward my sister's room which is not visible at all from the foyer. She came back to the entourage of police just moments later, asking another officer to "come see this." Apparently she was searching my sister's bedroom. Again, this is long before they had a search warrant.
After a couple more minutes of watching the police walk around my apartment, they led me back outside to my front porch. My mother had arrived. She watched me exit my apartment, flanked by police as they were taking me to a patrol car. I spoke to her rapidly as I knew time was limited. I told her that these police entered my apartment without my permission, and that they stole the keys from my pocket and I had given them absolutely no consent. I told her I had a failure to appear warrant from 2006, to which she sighed because she knew it must be bogus, and she watched me be escorted to the patrol car – barefoot and in a t-shirt on a freezing night. Jennifer and her husband witnessed me being put into cuffs and saw the keys removed from my pocket.
I was taken to Mandeville Police Department. They put me in the cell and closed the door. I immediately laid down on a bed and went to sleep. My sleep was interrupted twice by police. First, one cop came in to show me the failure to appear warrant from 2006. I tried to grab the document from him, but he wouldn't let me have it. Next, a different policeman entered my cell and issued me the search warrant - evidently they did get the warrant signed by a judge. I went back to sleep. I woke up several hours later, and heard my sister through the door. Evidently the police had arrested my sister.
Not long after she was arrested and placed in her cell, I was asked by police to come out the cell and follow them in to another room. Officer J.R. read me my charges and told me that he found lots of drugs in my apartment. He asked me if I wanted to rat out anyone and tried to scare me saying I might not get a bond, or it would be well over $500,000.00. The only thing I told him was anything he found in the apartment was mine, and I didn't know why he arrested my sister – she was an innocent guest in my home. He told me, "F you, I don't believe you. I'm going to charge your sister with the same charges." Then, he placed me back in the holding cell where I returned to sleep.
Finally, at or near 5am, they escorted me and my sister to St. Tammany Parish Jail in Covington. While waiting to be booked in the squirrel cage, I noticed my father entering through the sally port. Evidently, they had arrested my father – for what, I did not know. After sharing an adjacent squirrel cage he told me why he was arrested. I couldn't help but feel overwhelmed and completely terrorized by my local law enforcement.
Luckily, arraignment was the next morning. My sister got a $30,000.00 bond, my father a $75.00 signature bond and I got a $101,500.00 bond that was raised 4 days later to $103,331.00. My sister and father got out of jail that Friday, one day after entering the jail. I remained in the can until Monday, hoping for a reduced bond – though it was only raised. I posted bail around 7pm Monday night, after spending 5 days in the cement holding cell.
What sort of case do I have against the police? What are my chances of suppressing the evidence? Were the police in fault of anything?
At exactly the same time I was speaking to the emergency dispatcher and explaining my strange situation, I heard a small rap on my back door. I walked to my back door and lifted the blinds to see who it was. I recognized a short female whom I have seen several times before in my apartment complex – she was my neighbor from across the hall, Jennifer. I opened the back door and asked her what she needed. She told me, "I called the police." I told her that I, too, was on the phone with the police and they would be here soon. Jennifer's front door is about 8 feet away from my front door, so obviously the extremely loud knocking and kicking on my door by these two young individuals had attracted the attention of my neighbor, Jennifer, at the very least.
Standing away from my front door, in case these young men were to try firing a gun through the door, I stayed on the phone with the emergency dispatcher until the police arrived at my complex. It took about 3 minutes. When I noticed police coming through the entrance gate I finally walked to the front door and looked out the peephole again. The two young men were talking to one another. I spoke through my door to them saying, "Hey, I don't know who you are, but the police are here for you." I noticed them bolt in the direction of an upstairs stairway and then they quickly disappeared.
I lit a cigarette and stood in my foyer, awaiting a knock from a Mandeville Policeman. Finally, an officer knocked on my door and stated "Mandeville Police." I opened the door and let him come inside my foyer. Still smoking the cigarette, I answered some simple questions for the officer. I told him there was no one else in the house, I showed him my I.D. card, and finally explained to him why I called the police. I asked him if they found the two young men, and he said yes – they found them upstairs. The officer ran my I.D. through his radio to his dispatcher. After this, and after the policeman was satisfied that there were no other people in my apartment, I opened my front door and asked the officer to please step outside to my porch. He said, "make me." I found this very scary. I couldn't understand why this policeman was being so rude to me. He also mumbled something to the effect of, "I don't believe a word you say or a word 'they' say either." I felt that my emergency situation was taking place now outside my apartment, so I felt it important for me and the officer to exit my apartment and locate these two young men. After another minute of what seemed as a very awkward standoff with officer G.S., he appeased and said "follow me upstairs". I locked my front door behind me and put the keys in my left jeans pocket.
I followed officer G.S. upstairs where his squad had found the two young men inside the apartment of Mona and Taylor (don't know last name) at apartment *censored*. Upon entering the apartment, I noticed the two young men in handcuffs. I confirmed they were the two causing all the noise and making threats. The two young men then pleaded with me saying, "Sir, we don't know who you are, we are looking for a person named Scott that owes us $200.00." I said I didn't know who they were talking about and that no one named Scott had been to my apartment that day. It seemed very strange that they were looking for someone named Scott at my apartment. I could only think in the back of my mind that these young men were misinformed or were just following out a huge misunderstanding. They continued to assure me that this was a huge mistake and they would not return to my porch banging on the door now that this was cleared up. I was very upset about the commotion they had caused not only to me, but to my neighbor, and now several other neighbors were emerging from their porches to watch the myriad of police. I decided not to press charges. I've been to jail before and I didn't think this situation warranted them to go to jail. I just wanted them to leave now that they knew I was not Scott and I was not the person they were looking for. And further, the person they were looking for was not at my apartment.
Officer G.S. told me to write on a tablature and sign it saying I was not going to press charges. I did this. Then, I lit a cigarette and walked over to my neighbor Jennifer and her husband who were now about 8 feet to the left of my front porch. I told them that this was all a giant misunderstanding and that the kids would leave and not come back to cause more damage or noise. I told them I did not press charges. At that exact moment, I was called over to my own porch by officer G.S. I walked the 8 feet back to my porch and he said, "Okay, they aren't going to jail – but you are." A female cop then placed me in handcuffs. I asked why I was being arrested. Officer G.S. said that I had a failure to appear in court from 2006, and they were now exercising the bench warrant to arrest me for it. I said the warrant was bogus, but it didn't matter. This showed up on their computer and these cops had to arrest me. After being placed in handcuffs, an officer began to pat me down for weapons. He/she looked first in my right pocket, taking out my cell phone. Next, he/she proceeded to my left pocket, removing my keys to my car and apartment. A new officer, officer J.R. asked me if I had any illegal weapons or contraband in my apartment. My EXACT words to him were very clear, as I did not want to be misunderstood by him, by any other cop and possibly so my neighbors could hear me – I said, "Sir, I do not consent to searches." He said okay, then, proceeded to open my front door using my keys – completely against my will. Now six policemen entered my foyer without my permission, and all started saying they smelled marijuana. Again, officer J.R. asked me where the drugs were – that he could smell pot. I remained silent. At that moment, a different policeman mentioned to officer J.R. that I was under duress. Officer J.R. then said, "Okay don't let him tell us anything, we'll try to get a search warrant." Some random cop read me my Miranda rights, then I was pulled back outside to the porch. I remained outside my apartment while at least 6 officers remained in my foyer. After about 2 minutes, a cop led me into my own foyer to show me something. Original officer G.S. was now in my bedroom with a flashlight shining at a small marijuana pipe. He said the pipe plus the smell was going to get them a search warrant. I remained silent. At the same moment, a female cop walked toward my sister's room which is not visible at all from the foyer. She came back to the entourage of police just moments later, asking another officer to "come see this." Apparently she was searching my sister's bedroom. Again, this is long before they had a search warrant.
After a couple more minutes of watching the police walk around my apartment, they led me back outside to my front porch. My mother had arrived. She watched me exit my apartment, flanked by police as they were taking me to a patrol car. I spoke to her rapidly as I knew time was limited. I told her that these police entered my apartment without my permission, and that they stole the keys from my pocket and I had given them absolutely no consent. I told her I had a failure to appear warrant from 2006, to which she sighed because she knew it must be bogus, and she watched me be escorted to the patrol car – barefoot and in a t-shirt on a freezing night. Jennifer and her husband witnessed me being put into cuffs and saw the keys removed from my pocket.
I was taken to Mandeville Police Department. They put me in the cell and closed the door. I immediately laid down on a bed and went to sleep. My sleep was interrupted twice by police. First, one cop came in to show me the failure to appear warrant from 2006. I tried to grab the document from him, but he wouldn't let me have it. Next, a different policeman entered my cell and issued me the search warrant - evidently they did get the warrant signed by a judge. I went back to sleep. I woke up several hours later, and heard my sister through the door. Evidently the police had arrested my sister.
Not long after she was arrested and placed in her cell, I was asked by police to come out the cell and follow them in to another room. Officer J.R. read me my charges and told me that he found lots of drugs in my apartment. He asked me if I wanted to rat out anyone and tried to scare me saying I might not get a bond, or it would be well over $500,000.00. The only thing I told him was anything he found in the apartment was mine, and I didn't know why he arrested my sister – she was an innocent guest in my home. He told me, "F you, I don't believe you. I'm going to charge your sister with the same charges." Then, he placed me back in the holding cell where I returned to sleep.
Finally, at or near 5am, they escorted me and my sister to St. Tammany Parish Jail in Covington. While waiting to be booked in the squirrel cage, I noticed my father entering through the sally port. Evidently, they had arrested my father – for what, I did not know. After sharing an adjacent squirrel cage he told me why he was arrested. I couldn't help but feel overwhelmed and completely terrorized by my local law enforcement.
Luckily, arraignment was the next morning. My sister got a $30,000.00 bond, my father a $75.00 signature bond and I got a $101,500.00 bond that was raised 4 days later to $103,331.00. My sister and father got out of jail that Friday, one day after entering the jail. I remained in the can until Monday, hoping for a reduced bond – though it was only raised. I posted bail around 7pm Monday night, after spending 5 days in the cement holding cell.
What sort of case do I have against the police? What are my chances of suppressing the evidence? Were the police in fault of anything?
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