False arrest/sexual misconduct

[Mglr85]

Jurisdiction

Kansas

Hi, I was arrested in my home on October 8th by a male officer. There was no arrest warrant and I was arrested for a false tresspassing claim that had been reported by my ex husband about ten minutes prior. The officer never cuffed me or read my rights. I asked him if I could change my clothes before going to jail and he said yes, then he followed me to my bedroom and watched me Undress. No one else was home. The whole thing seemed completely unlawful. After I got out of jail I obtained a page of the police report. When I called around yesterday to see if I could obtain any other public records, both the court clerk and sheriff's office said they had no record of me even ever having been arrested in there systems. I have the entire arrest on my indoor security camera. Was any of this legal for them to do? Can I have charges pressed against both my ex and the police department? The police department won't lift a finger to help me with any of this. I'm a hard working single mother of 2 with no criminal record, my ex has a lengthy criminal record, including being picked up from my house months prior, when he barged in drunk at 11 pm. He wasn't arrested or cited, simply driven home. I feel humiliated, violated, and frustrated as he abused me for over a decade before I final got up the courage to file for divorce. I may even end up losing my job due to all of this. When I left him I worked myself to the bone to rebuild my life from scratch for myself and my kids, and my ex made one phone call and tore it all apart.

 

[PayrollHRGuy]

Were you taken to the police station and booked? Were you issued a citation by the officer?

 

[Mglr85]

Yes, I was taken and booked. It took 8 hours for them to book me and I had to spend the night there before I could get a bond agent to get me out. I don't believe I was given a citation. Just a slip from the bond agent.

 

[zddoodah]

I was arrested in my home . . . for a . . . tresspassing claim that had been reported by my ex husband

You were arrested for trespassing in your own home? Or did the alleged crime occur elsewhere, and you were arrested after you returned to your home?

After I got out of jail I obtained a page of the police report. When I called around yesterday to see if I could obtain any other public records, both the court clerk and sheriff's office said they had no record of me even ever having been arrested in there systems.

If you were arrested by the police (as your reference to a "police report" and your subsequent reference to "the police department" imply), there would be no reason to expect the sheriff to have any records of the arrest. The court wouldn't have anything unless the matter had been referred to the prosecuting attorney and the prosecutor had actually filed charges.

Was any of this legal for them to do?

Well...the only things you mentioned that hint at illegality was the reference to your ex-husband making a false allegation and your statement that you were arrested for trespassing in your own home. Beyond that, nothing you mentioned is necessarily illegal. Anything in particular you think might have been illegal?

Can I have charges pressed against both my ex and the police department?

You want to criminally charge the police department? That doesn't make any sense, but for what would you like to charge the department? Regardless, if you believe the officer who arrested you did something improper, then you can complain to his supervisor.

As far as your ex, if it can be proven that his trespassing allegation was knowingly false, you could lobby the prosecutor to press charges. However, unless this has been an ongoing thing where one or both of you have been wasting the time of the police, I would expect the prosecutor to chalk it up simply as two exes who can't get along.

I'm a . . . mother of 2

Is the ex in question also the father of your two children?

 

[Mac Guinty]

Hi, I was arrested in my home on October 8th by a male officer. There was no arrest warrant and I was arrested for a false tresspassing claim that had been reported by my ex husband about ten minutes prior. The officer never cuffed me or read my rights. I asked him if I could change my clothes before going to jail and he said yes, then he followed me to my bedroom and watched me Undress. No one else was home. The whole thing seemed completely unlawful. After I got out of jail I obtained a page of the police report. When I called around yesterday to see if I could obtain any other public records, both the court clerk and sheriff's office said they had no record of me even ever having been arrested in there systems. I have the entire arrest on my indoor security camera. Was any of this legal for them to do? Can I have charges pressed against both my ex and the police department? The police department won't lift a finger to help me with any of this. I'm a hard working single mother of 2 with no criminal record, my ex has a lengthy criminal record, including being picked up from my house months prior, when he barged in drunk at 11 pm. He wasn't arrested or cited, simply driven home. I feel humiliated, violated, and frustrated as he abused me for over a decade before I final got up the courage to file for divorce. I may even end up losing my job due to all of this. When I left him I worked myself to the bone to rebuild my life from scratch for myself and my kids, and my ex made one phone call and tore it all apart.

by reading your story this is quite unusual providing the actions and the lacking of documentation about what happened. as for charges you can ask the higher ups of the office who initiated the arrest. also ask for legal advice.