Arrest, Search, Seizure, Warrant Harassment of Ex-con & Illegal Search & Seizure

Status
Not open for further replies.

MJSVWilliams

New Member
Before I pose my question I want to be completely honest because my question poses a serious legal issue that I intend to follow through with. I feel I should arm you with information first.
I am an ex-con (male) released from parole in 1998, I'm from New York City but have moved in with domestic partner 2 to 3 years ago and I live on 26 acres of land in upstate NY that belongs to my male domestic partner of 7 to 8 years. Since moving here I have befriended some of the local people, some of whom have criminal records, and whom I've met while in county jail(s), etc., but I have not partaken in any of the criminal activities that they involve themselves in besides occassionally use of alcohol, and other drugs which I am presently in the process of attending counselling for.

Now, without making it a long story, one morning the troopers arrived to question me about car breakin one of the surrounding townships, asked me when was the last time I had been there, and asked me about a few of the local boys that to my knowledge were incarcerated, and or attending recently released. I explained that I have not seen them, that I know nothing of these breakins, and that I have barely left the property since being released from the hospital for an attempt suicide on Dec. 26-27, 2004.
Once they learned that my domestic partner was not present they started giving me the hard-ass your a convicted felon rountine and began to alternately & illegally enter rooms and search the premises, before eventually & illegally seizing property belonging to my domestic partnerthat was in plain and clear view where the questioning began, stating that "you're an ex-con and you're not supposed to have this so if your parnter wants this tell him to come to the Trooper Barrack and see me." Now at this time I really didn't want to do or say anything to provoke them into arresting me like asking if they had a search warrant due to the illegal search and seizure perform in front of me.
They then asked if they could search my vehicle and I granted that permission, however, after conducting their search they one of the troopers made it a point to stand driectly in fron of me in a somewhat of a threatening manner and informed me of the fact that the vehicles that were broken into belonged to some very close and personal friends of theirs and that if they ever found out that If I or (2 other mentioned local individuals), had anything to do with the breakins that we wouldnt have to worry about handcuffs, paperwork, jail, or the courts because it will be a "Roadside interview".
After they left, I called my partner and waited for him to return so that I could relay all that took place to him and how I felt about it. It was taken mildly by him and this further worried and angered me.
Now, I have grown to accept the fact that there are law enforcement officers that will be tough on me in the sense that they want me to know that they are watching me and or that I spit on the sidewalk I'll be arrested, however, I have never had any peace officer perform illegal search and seizures, and definitely never had any peace officer directly threaten me with physical harm. This officer made ir clear that I was not going to be questioned, arrested, prosecuted, and or any of the legal processess involving the Criminal Procedural Laws. I was directly threatened and because of the fact that I am an ex-con makes this threat a very frightening reality and it's freaking me out because I feel that if I were to approach their superiors and lodge a complaint that I would be opening the doors for further threats and or harassments.
How can I legally address this matter without the fear of being harassed as a result taking legal action against this officer????
 
Now this is very very tricky. I understand your concern and share your disgust for the conduct of this police officer. He very probably has violated department rules and could be disciplined. It is not so clear, though, if he has broken any law. He might have, it depends on the details.

BUT. You have no witnesses. He will have some witnesses. Without any corroboration it will be your word against his.

Depending on the circumstances you might appear to be more credible to the investigators or he might. May be he and his fellow cops get the idea that you don't like to be threatened and will take action, and they will treat you with respect in the future, or they don't get the message and it gets worse.

It's a very difficult call and it is only yours to make.
 
Opinion

I would go to police department and file complaint and also file the the note to police that you concern that deputy my harm you or your partner. If something hapen in the future, you can say that it has harassment and you were trying to protect yourself.

Mike
 
Status
Not open for further replies.
Back
Top