Shoplifting, Larceny, Robbery, Theft Police brutality could I win any type of settlement?

[Etherealmist]

Will I win if I press charges?

I'm female, 5'01 inches, 104 pounds, 21 years old, full-tuition
scholarship student. I was leaving my apartment building going to
class hoping to do well on my midterm. All of a sudden 4 people
converged upon me demanding I open the door. Plainclothes, no official
police car, severely interrogating me for no reason that I could see.
Don't close that door, What are you doing here, Who are you, Show us
proof you live here, Open this door right now!.

All of my five neighbors were away. The three students upstairs were
in class and the Russian couple was at work. There was no crime going
on and they did not have a search warrant. From the start I was not
given a clear explanation of who they were and why they wanted to come
inside of my building. I was alone and afraid of being pushed inside
my building, raped and murdered. I just asked for their precinct phone
number and why they wanted to come inside the building. This appeared
to severely antagonize them in which they accused me of giving them a
"hard time" all within the span of 5 minutes.

All I got from them was they were investigating a robbery. There was
no one in my apartment and no one was being robbed at the moment so I
couldn't see what robbery they were talking about. I just wanted to
verify they were "genuine police officers" and not one with fake
badges brought on ebay. They then threatened to arrest me if I didn't
open the door again they refused to answer my questions on what
robbery was happening.

My mother owns the building and informed me never to open the door to
anyone who does not live there. Thus I had a personal interest in
ensuring that it remained secure. I called the police and when a patrol car came. Two uniformed officers stepped out. As I was speaking to them asking for an explanation. I spoke to them for all of 20 seconds. Two of the original plainclothes detectives came up behind me unaware and forcibly assaulted and handcuffed me for no reason. I had severe bruising on my upper and lower arms, my wrists had torn ligaments, and I received numerous welts and abrasions. At no point did I try striking, hitting or punching any of the officers and yet they still felt two of them were needed to force a slight, slender, girl onto the ground.

They then informed me since I pissed them off and didn't cooperate
with opening my apartment door. They were arresting me. I did absolutely nothing illegal and couldn't believe just trying to go to class would get me arrested, handcuffed, and locked in a jail cell. At the precinct they searched me and found nothing on me. Even though they already went through my jacket pockets they demanded I give it over to them. After receiving confirmation that I would get it back once they finished searching I gave it over. They then gave it back to me and suddenly changed their mind repeating that I pissed them off and now they wanted to deprive me of my jacket stating if I did not give it over they would handcuff me to a chair and take it from me.

One of the officers even asked me if I needed my glasses to see. I asked repeatedly for my cell phone back so I could call a lawyer and was told. They could hold me for 24 hours and they would decide when to give me my phone call. The abuse of authority these cops showed were horrifying. It was like I had absolutely no rights at all and just because they wanted too they could lock me up and abuse me to whatever extent they wanted, take away my freedom, and violate my constitutional and civil rights. I now have 3 summons trespassing (on my own apartment building), and 2 disorderly conducts (creating hazards conditions and fighting).

Why wasn't any of it for resisting unlawful arrest? And refusing to let them into my apartment building without a warrant? This is what the charges are really about.

I don't have all of the officer's name and want to press charges against all of them for police brutality. Do I have a good case to win and could I win any type of settlement?

 

[raskalnikov]

I was going to ask you to post this in the civil law/torts forum, but I noticed this site doesn't have one. So, you posted it under the best topic.

It sounds like the police wanted entrance into your building, as opposed to entrance into your apartment, is that true? And by building, that's actually your mother's building?

What State was this in?

. . .they can take your jacket. Heck, they normally take your belt, your shoe laces, sometimes your shoes. . .

You had no right to your cell phone. . .

I had severe bruising on my upper and lower arms, my wrists had torn ligaments, and I received numerous welts and abrasions.

Did you go to the hospital? They may argue that these injuries were a result of you fighting back, or trying to get out of your restraints.

fake
badges brought on ebay.

So, it sounds like they showed you their badges, but you still wouldn't let them in? I'm curious, do you know how to tell a real badge from a fake badge?

. . . welcome to the real world. It sounds like you pretty much are clueless as to police procedure and how people are treated. I think you have no chance at collecting anything, but you can call around. As you are seeking a civil complaint, the attorneys most likely would charge you 1/3 + costs and if they thought you had a case they'd take it. My bet is they don't.

 

[Etherealmist]

I don't agree with you on everything you said but I am glad to get some advice. Please bear with me and keep an open mind.

Yes they wanted entrance into my building...it's a very small apartment building with only 5 people besides me living inside of it. It's not a large building and it's almost like a medium sized house. My mother does own the building. No one was in the building at 1 p.m. in the afternoon. I was alone and did not want to end up raped and murdered.

It happened in Brooklyn, New York. I did go to the emergency services dept of the hospital and have a copy of my medical report documenting the bruising and torn wrist ligaments.

Was it really necessary for two officers to use that much force on me to break the metal links of my purse and slam my face against a car as well using enough force it felt like they were breaking my arm? How could I fight with two police officers who were late 30's to early 40's and who clearly outweighted me by 200 pounds and were taller than me by 8 or more inches?

In addition, they did not give me any reason for the arrest and didn't even document it as an arrest. I wasn't photographed or fingerprinted so all I'm asking is what rights did they have to arrest me under?

As for my cell phone yes I know I don't have the rights to it...but don't I have the right to make one phone call? Isn't that what it says in my civil and constitutional rights? As for the fake badge think of it in my situation I'm female, alone, 21 years old, it's a quiet afternoon no crime that was going on at the time. Aren't you going to be confused as to the sudden urgency 4 people 3 of them men who wanted to enter your apartment building while no one else is around to hear your screams if they were actual murderers?

There was no probable cause to arrest me under and I definitely wasn't committing any crime all I wanted was verification of their authenticity. Does that give them the right to act like I shouldn't be asking questions and just automatically let them in? Would you advise your own mother, daughter, younger sister, any female relative you have not to question any plainclothes person demanding entrance while she's alone?

Should I be sorry for trying to ensure my own safety? The police abused their authority, extreme unprofessional conduct, unncecessary use of force, brutally searched, forcibly taking away my freedom and giving me first hand experience of police brutality and I have to defend myself on why they were doing this too me.

What was the point of the bill of rights and consitution drawn up for. If any corrupt police officer or person in authority just approached you and decided to lock you in jail for refusing him entry onto your personal property and thereby pissing him off?

It's not about monetary compensation for me it's about making sure that they understand that it wasn't right for them to arrest me over nothing and let them know they can't be above the law and take anyone in custody just because they feel like it.

You truly believe I have no case in civil court?

 

[raskalnikov]

Was it really necessary for two officers to use that much force on me to break the metal links of my purse and slam my face against a car as well using enough force it felt like they were breaking my arm?

My first room-mate in college's Father was a police officer. When he was talking to us, he told us how with certain people he'd hit them with the handcuffs so hard it would cause major damage. He thought this was hilarious. (Then again, this was in Taylor, near Detroit.)

How could I fight with two police officers who were late 30's to early 40's and who clearly outweighted me by 200 pounds and were taller than me by 8 or more inches?

It doesn't make sense. But, neither do criminals. For them to say you fought back won't raise any eyebrows. If you did major damage, then it might. . .

I'm not saying what the police did was right, far from it. It's just that this kind of thing happens constantly. If the police never put you in a cell, one reason may have actually been to protect you from violent junkies and crack whores, who upon seeing you probably would have made your life hell. If you had your jacket on there, someone may have tried to take it. . .

You may have a civil case. It's worth calling some attorneys so at least you know you tried all avenues. Maybe the ACLU chapter will have some advice. It's just that what happened to you is low on the totem pole from what happens to a lot of people. The officers have done this enough times to know how to cover their tracks. They are experienced in this, and it sounds like for you, this is your first experience. Will the cops lie? Yes.

There are certainly both sides to this case, and I feel for you. I can understand what you did. Although you are unaware of any burglaries, doesn't mean the officer's didn't have good cause to want to get to your apartment building to search for the criminals. They may have been in pursuit, and while not happening in your building, crime may have been happening near bye, and they were eliminating possible places the criminals may have escaped to. Your holding them back probably infuriated them, as they were in a hurry to do something, and you made them wait. In their eyes, they probably think you had no right to slow them, especially once they showed you their badge.

Anyway, I'm sorry it happened. Thanks for taking my criticism well.

 

[Etherealmist]

Thank you very much raskalnikov.

Apparenly the burglary happened 3 weeks ago. One of the law students got robbed while coming home at 2 a.m. in the morning. These 4 police detectives called him and since he was in class didn't pick up. They pressed his door bell and no one was home. They just waited around the corner for a two hours until I came out for class. Why would they want to come in when they called him and pressed his door bell and knew he wasn't around? None of us in the building robbed him wouldn't it have made more sense for these police officers to question the surrounding apartment buildings instead?

I do hope I could get full charges on all 4 police officers and make them regret being such corrupt cops.

 

[raskalnikov]

Your welcome.

=) Glad I could of assistance.

I don't know their motivations.

 

[CdwJava]

Will I win if I press charges?

There is no way to answer that question. Winning or losing at trial (be it civil or criminal) involves far too many variables. If it were easy to make that prediction, we would not NEED trials.

All of a sudden 4 people
converged upon me demanding I open the door. Plainclothes, no official
police car, severely interrogating me for no reason that I could see.
Don't close that door, What are you doing here, Who are you, Show us
proof you live here, Open this door right now!.

You apparently recognized them as "plainclothes" police, so I assume they presented identification or were wearing jackets or badges that indicated they might be law enforcement, correct?

I just wanted to
verify they were "genuine police officers" and not one with fake
badges brought on ebay. They then threatened to arrest me if I didn't
open the door again they refused to answer my questions on what
robbery was happening.

Valid concerns that can be raised at trial, but if they were there to investigate something that was time sensitive, then they could see you as intentionally delaying them so that cohorts could dispose of evidence or escape.

Two of the original plainclothes detectives came up behind me unaware and forcibly assaulted and handcuffed me for no reason. I had severe bruising on my upper and lower arms, my wrists had torn ligaments, and I received numerous welts and abrasions.

Presumably you have a doctor's evaluation and medical reports that will support your claim of injury, correct?

They then informed me since I pissed them off and didn't cooperate
with opening my apartment door. They were arresting me. I did absolutely nothing illegal and couldn't believe just trying to go to class would get me arrested, handcuffed, and locked in a jail cell.

Actually, it seems it was not going to class that got you arrested, but what they articulated as resisting, obstructing, or delaying a peace officer that got you arrested. Whether their perception is valid or not will depend on their articulation of the events and the totality of the circumstances (as well as any relevant law in your state, of course).

The abuse of authority these cops showed were horrifying.

If you are under arrest, they can search you and your possessions. They also do not have to allow you to make a call on your cell phone. And how soon they have to allow you to make a phone call to a lawyer or whomever is a matter of state law.

Why wasn't any of it for resisting unlawful arrest? And refusing to let them into my apartment building without a warrant? This is what the charges are really about.

The statute numbers under which they filed the disorderly conduct may cover that. I don't know. perhaps if you provide your state and the statutes we can find out.

I don't have all of the officer's name and want to press charges against all of them for police brutality. Do I have a good case to win and could I win any type of settlement?

Could you win? Sure. Could you lose? Sure. A lot goes into such a case, and they can be time consuming and expensive.

You need to make a personnel complaint. You could also consult an attorney who can represent you and look into the matter. Note that if the attorney refuses to take your case on a contingency fee basis, then you have a weak case for a civil suit and will face the prospect of paying thousands of dollars to an attorney for a less than even hope of reward.

There is no way to say whether you have a winning case or not. If yours was the only version of events, you will sail through to victory. But, I seriously doubt that the officers' accounts will mirror yours.

- Carl

 

[Etherealmist]

I'm glad you decided to join in CdwJava I definitely want to hear everyone's opinion.

Let me address your questions. I did not recognize them as plainclothes police officers and just recently read in the newpaper how the killer of Imette St. Guillen also used a fake police badge on another victim to coerce her into his van. So I am aware that there are unscrupulous men out there who will pretend to be police officers to get female victims. They did not have any identification on their clothing to indicate they were police officers. It was jeans and sweatshirts you could buy anywhere.

I completely understand your point on time sensitive and cohorts getting away. But no one was in the building everyone was either in class or at work. So the building besides me was completely empty. Nobody was coming in and there wasn't a robbery going on at the time (it occurred 3-4 weeks before this incident). So it was huge shock to me to step outside on a quiet afternoon when nothing was happening and be confronted with such aggressiveness.

Yes I did go to the emergency services dept of a hospital and have a report on file and in my possession. As for being arrested I had no idea that because they were pissed at me it suddenly was grounds to arrest me just because I asked to verify their authenticity to enter my building. Correct me if I'm wrong but don't they need a search warrant if they're trying to enter my building when no crime is going on?

This all occurred in New York. I guess I'm naive to think that if it goes to court and they're swore in not to lie under oath they won't committ perjury.

But isn't there penalties for lying under oath?

 

[CdwJava]

Let me address your questions. I did not recognize them as plainclothes police officers and just recently read in the newpaper how the killer of Imette St. Guillen also used a fake police badge on another victim to coerce her into his van.

So, you expected that people who might be intent on raping or killing you would allow you to defy them and then call the local police to respond? I don't know about you, but if a bunch of armed hoods told me to open a door, I probably would. And, if I didn't, and they were intent on doing me harm, my lack of compliance would not stop them.

I suspect they will testify that they identified themselves. You may raise a defense to include the above case, but if the above case involved a single killer, it's going to hold little weight when dealing with 4 officers.

But no one was in the building everyone was either in class or at work.

But they may not have known that. The key is not what you knew or believed, but what the officers reasonably knew or believed at the time and whether they acted appropriately and within the law based upon that knowledge.

Correct me if I'm wrong but don't they need a search warrant if they're trying to enter my building when no crime is going on?

Sort of. They don't necessarily need a crime to occur to make entry without a warrant, but they need to be able to articulate an exception to the warrant requirement - an "exigency", as it were. Whether they can do so, we don' know as we do not know the officers' accounts of the events.

This all occurred in New York. I guess I'm naive to think that if it goes to court and they're swore in not to lie under oath they won't committ perjury.

But isn't there penalties for lying under oath?

Their perceptions may differ from yours. That does not make it perjury. If they knowingly and intentionally make something up, then that would be perjury. But, if they were mistaken, that is not.

- Carl

 

[raskalnikov]

This all occurred in New York. I guess I'm naive to think that if it goes to court and they're swore in not to lie under oath they won't committ perjury.

Wait until you read the police report. That'll probably answer your question.

Please keep us informed as to what happens.

THanks

 

[Etherealmist]

Carl

I was alone and deeply afraid if I opened the door on their request. They would push me inside my hallway and god knows what they could have done to me if they weren't genuine. So yes I just wanted proof of their authenticity and once the uniformed police officers arrived I barely even got a chance to speak to them I was asking them what was going on. When 2 of the plainclothes officers came up behind me. I offered repeatedly to open the door at that point and just let me go to class.

But at this point it was extremely clear it was personal. They kept telling me "it was too late and I pissed them off." Exact words.

They said they contacted the guy who got robbed he was in class and didn't pick up. And they rang his doorbell repeatedly no one answered. So they just what wait around the corner for 2 hours until someone does come out?

What kind of investigation is this? The robbery occurred 3 weeks before shouldn't they have done it right then and there when it was fresh? It was 2 a.m. in the morning however when the robbery occurred. The perpetrators who robbed him were long gone after 3 weeks.

Please tell me if that's reasonable to harassing someone who just happens to have lived in the same building and not bother to explain what happened and expect to be let in?

 

[Etherealmist]

Raskalnikov

I did go back with my mother to the police precinct to ask for a copy of my police report and they refused to give me a copy.

I thought as the person being arrested I was suppose to be given a copy of my report?

 

[CdwJava]

I was alone and deeply afraid if I opened the door on their request. They would push me inside my hallway and god knows what they could have done to me if they weren't genuine. So yes I just wanted proof of their authenticity and once the uniformed police officers arrived I barely even got a chance to speak to them I was asking them what was going on. When 2 of the plainclothes officers came up behind me. I offered repeatedly to open the door at that point and just let me go to class.

And, if charged, you can bring all of this up in your defense at trial.

Again, we have no way to know what the officers believed, so we have no way to evaluate the strength of your defense or any potential civil suit. If the officers corroborate your account, they're screwed. If they have a different account, then it's going to be tough.

What kind of investigation is this? The robbery occurred 3 weeks before shouldn't they have done it right then and there when it was fresh? It was 2 a.m. in the morning however when the robbery occurred. The perpetrators who robbed him were long gone after 3 weeks.

They are under no obligation to explain their reasoning to you. There could be any number of possibilities and i would be purely guessing if I tried to pose some reasonable theories.

Again, from your account, these guys were in the wrong ... but, any criminal or civil trial that might result from this will not be based solely upon your testimony. Hence the reason you need to hire an attorney - first to defend against the criminal charges, then to look into the possibility of a civil claim for false arrest, excessive force, or whatever else might be the byproduct of this incident.

- Carl

 

[CdwJava]

Raskalnikov

I did go back with my mother to the police precinct to ask for a copy of my police report and they refused to give me a copy.

I thought as the person being arrested I was suppose to be given a copy of my report?

I do not know the laws in NY state, but in most places they do not have to provide YOU with a copy of the police report. Your attorney can receive it as part of discovery.

- Carl

 

[Etherealmist]

They are required to provide the stautory authority that gives them the legal basis to refuse the request. Crime victim requesting the report: A victim, as the subject of the data, can only be charged the actual cost to copy the requested data and not any search and retrieval costs.

I'm not entirely sure I agree with you there Carl.

I do appreciate your advice and I intend to follow it through.

 

[raskalnikov]

Actually, while all of this is going on, you may wish to get a defense attorney, if you can afford one. . . S/he may be able to answer many of your questions and speed things up. . or slow them down.

As far as getting the police report goes, it is my experience that you are correct about that, Ethereal_Mist.

 

[CdwJava]

They are required to provide the stautory authority that gives them the legal basis to refuse the request. Crime victim requesting the report: A victim, as the subject of the data, can only be charged the actual cost to copy the requested data and not any search and retrieval costs.

I'm not entirely sure I agree with you there Carl.

Every state I know of has an exception built into the law that permits investigative reports to be withheld from public release (and a defendant is part of the public). Unless New York specifically states that a defendant has a right to receive a copy unfettered, then he doesn't.

I suspect the exemption articulated in section 87(e) of NY state's FOIL would be what they would rely on.

(e) are compiled for law enforcement purposes and which, if disclosed,
would:
i. interfere with law enforcement investigations or judicial
proceedings;
ii. deprive a person of a right to a fair trial or impartial
adjudication;
iii. identify a confidential source or disclose confidential
information relating to a criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except
routine techniques and procedures;​

Whether this is justified or not is arguable, but it is similar to the statutes in my state and others, and the courts seem to uphold this as reasonable nationwide.

Ask them for the rules governing the release of police reports. They should have published or publicly available guidelines.

If they deny you access to the report, you can then retain legal counsel and sue for access to the report ... but, from what I can read in a limited Goggle search, it is common practice to withhold reports from public release as long as the matter has not been resolved. So, if you really want to see the report, you will have to ask your legal counsel for it or hire an attorney who can initiate a civil action against the department and get it that way.

However, you will see the report soon enough. When you either hire or are appointed legal counsel to help defend against your criminal charge, you will likely have an opportunity to go over the report with your attorney.

- Carl

 

[Etherealmist]

Thanks so much Raskalnikov I'm currently waiting for a criminal defense lawyer who was recommended to me to tie up another case so I could speak to her.

I'm just very upset that the more time passes I feel as if those 4 police officers are getting away even further with having brutalized me. I still don't understand how in court they'll prove a small, 104 pounds, 5'01 inches, girl was a huge danger to them.

 

[Etherealmist]

Thanks Carl I'm just emotionally battered right now. I still have to keep up a 3.5 GPA and my professor wasn't willing to give me an extension on the mid-term and now I have to worry about retaining a lawyer and how much that will cost me overall.

On one hand I just want to move on with my life and focus on classes but I still have to worry about paying the 3 summons and fighting to get that off my record. And in the end they still would have laughed themselves all the way to the precinct for believing I couldn't do anything against them and congratulating themselves on abusing me.

That's the only thing that keeps me going with pressing charges and hoping that a formal complaint is put on their file and to let them know that I'm not going to lay down and let them step on me.

P.S. What should I do if they ever do come back to harass me? They told me they knew where i lived and I'll be seeing them again.

 

[CdwJava]

I'm just very upset that the more time passes I feel as if those 4 police officers are getting away even further with having brutalized me. I still don't understand how in court they'll prove a small, 104 pounds, 5'01 inches, girl was a huge danger to them.

A child smaller than you killed an officer I used to work with. Size and frame are never a sole determinant in force issues. It might be one factor used to determine if excessive force was used, but it will also be in conjunction with the totality of the circumstances.

- Carl