Harassment, Stalking, Misconduct Disorderly conduct, Interfering with a peace officer

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JWH2985

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In the very early morning of February 15, 2010 I witnessed Police officers approaching my house as I was exiting my bedroom. I
informed my girlfriend who had just gotten in to bed, as it was late and we were all getting ready for bed including my neighbor who was
over visiting. The doorbell was rung by an officer and I made my way across the living room to answer it. I cracked the door and it was at that time the officer informed me that they had received a noise complaint based on the music on my computer being too loud. The officer demanded that I turn it down. I mumbled "No Prob" and proceeded to close the door assuming that the conversation was over. I turned around to head for my computer room when I was tackled by an officer and subdued on the ground and put into handcuffs so tight that two days later I still have rings around my wrists and no feeling in my right thumb. The officer at that point slammed my face into the ground causing severe rug burns to my nose and forehead area. I then asked nicely if we could get a three count to allow me time to get off the floor as I have very bad knees and it is hard for me to get up off the ground when I have full use of my hands much less when they are handcuffed behind me. The officer proceeded to jerk me up while the only resistance I offered was due to my physical limitations, it was not until the second officer pointed out to the first officer that I had indeed asked for a three count multiple times that I was offered some assistance in getting up. I'm really scared as to what is going to happen to me I know that I will need a lawyer but I have not been able to sleep or eat since the event occurred. I have no criminal record and I don't do drugs and I rarely drink.
 
Sooo... just what were you arrested for anyway?

Had you been drinking when this occurred?

On the surface, it seems you were mistreated by the officers and can make a reasonable civil complaint. The officer had no reason to come into the house and apparently no reason to tackle you as you describe.

Maybe there was more to this that caused him to come in after you?
 
I was arrested for disorderly conduct and interfering with a peace officer. I had some wine with dinner and as we were getting ready to go to bed I'd taken some sleeping aids 30 min or so earlier. I'm way to afraid of our cops to actually make a charge on them. I just feel like this was a huge misunderstanding that could potentially harm me for the rest of my life. The Officer also told my girlfriend that we should move because we enjoy rap music as well as all sorts of other genres. Thank you for your timely response
 
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Sounds like a bad arrest. You can't get charged for disorderly conduct in your own home, whether you were drinking or not. I can't imagine what caused the officer to come in after you, but if it occurred as you say and there is nothing more to it, I for one would be jumping up and down and looking to make heads roll.
You could talk with a civil attorney and see if you might have something to work with. The officer entered your home and caused you injury, ultimately making an orrest for a public offense inside a private residence.... es no bueno.
 
I dunno ... I'm getting the impression that there is a lot of detail missing from this telling of the tale. I'd be curious what the other version (the officer's) has to say.
 
The entire incident happened within minutes. I too am interested in what the cop said as I heard it from my company the arresting officer had to convince his partner that I told him no and he was standing right next to him at the time. The arresting officer also didn't hear me asking for help getting up yet his partner did, makes me think that this cop did not care what I had to say.
 
Even if you said no and refused to turn down the music the officer did not have reason to do what he did. He could probably write you a citation at best if there is a local ordinance for loud noise.
If you really feel like you were wronged, and what you say here is the whole truth of it, you should talk with a local attorney... not so much to get the charges dropped, but to seek damages from the officer who is overstepping his bounds. Guys like that, if it is true, make the rest of us look bad.
 
Thank you so so much for your reply I have since retained a lawyer and I agree with you as far a one bad apple can spoil a whole bunch I suppose I will wait and see what happens at court today. again thank you so much.
 
CDW my guess is that he closed the door in the Officers face and the hothead came after him. I'm with Moose, I'll bet this was a bad arrest and even worse treatment.

I would contact an attorney and let them handle it. Your charges are minor even if you did it. Don't worry.
 
I still wonder ... it just sounds off. If it happened just as the OP says,yeah, it sounds bad for the officer. But, having heard a great many claims that sounded bad only to find that the truth of the matter was significantly less so, I am skeptical. I have never known someone who reacted like that to a door being closed in their face ... I am sure it has happened, but when I have heard of complaints alleging conduct similar to this, they just have not panned out.

If after reviewing any reports and speaking to the parties, if an attorney still does no to cartwheels to take the case on contingency, then it's not as clear as the OP thinks it is.

I still think there is more to the tale.
 
I agree with you 100 percent Cdw most of the time the stories vary greatly between the parties involved as the saying goes every door has two sides. In my instance I have never been in trouble with the police. They have never come to my house for any reason except to pass out junior officer stickers to the kids. We have neighborhood bbq in the front yards and officers have stopped to comment on how jealous they are. I have also heard reports now from neighbors that they though they had heard gunshots approximately 20 minutes before the cops showed up at my house. I live in southern Oregon where the sound of gunshots is not nearly as frightening as in the big city. I'm assuming the cops were probably on a heightened alert when they arrived at my house and according to my iTunes my radio had only been on for 5 minutes before the officers arrived at my house enough for two songs to be played.
 
Oh I almost forgot my arresting officer had just been let back onto the force after serving a one year suspension.
 
You should speak with a local attorney while the incident is fresh in your mind.

Your witnesses should also accompany you, as I'm sure they have information supportive of your case.

From what you say, you have possibly been victimized by a rogue cop.

At a minimum, an internal affairs investigation should begin.

Parallel to that, a civil suit should be entertained.

You should have legal representation to ensure that justice is done.


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I just returned from the court house after finding out that the DA has decided not to press charges apparently they have two years in which to still charge me.
 
JWH2985 said:
I just returned from the court house after finding out that the DA has decided not to press charges apparently they have two years in which to still charge me.
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Fancy that, JWH, fancy that!

Do you for one second think the DA was being charitable?

Not on your precious life, JWH.

Immediately hire an attorney and seek redress of this egregious wrong.

Do not permit them to bully and bamboozle you any longer.

Someone had better get their checkbook ready, because I smell lawsuit!

JWH, Christmas may come early this year, if you do the right thing!!!:yes::yes:
 
I just talked to the DA office and they said that it was a good arrest but that the arrest

itself was punishment enough. So the case is over haha that's a cop out if you ask me
 
JWH2985 said:
I just talked to the DA office and they said that it was a good arrest but that the arrest

itself was punishment enough. So the case is over haha that's a cop out if you ask me
Click to expand...

If you know what is best, you should stop communicating to anyone about this matter.

People have lost better cases, because they persisted in talking.

You should have hired a lawyer already!

Speak only to your lawyer, and no one else.
 
No Problem I'm done I honestly don't think I can take it any farther anyways I'm pretty poor and have put too much money in the system as it is. Again thank you guys for all your help and I honestly hope that I never need it again, but If I do this is my first stop.
 
JWH2985 said:
I just returned from the court house after finding out that the DA has decided not to press charges apparently they have two years in which to still charge me.
Click to expand...

I hope you weren't surprised by that... you were never anywhere close to having the charges filed against you. Don't worry about the two years... it's never going to happen.
 
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