What to do when your 4th Amendment rights have been violated?

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4thamendment

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I have a question. I was asleep min my home when I awoke to my boyfriend and his brother arguing in my garage, younger brother clearly drunk. The argument got louder and I heard thrashing around. I opened the door and asked that they stop. They did not. I called the police and they came. The younger brother was outside my home and my boyfriend was inside when police arrived. I went outside and asked if they could remove the younger brother so I could retire for the evening. They said they had to investigate. Within two minutes of being there one of the officers told me to get the "F" over there. I was in the middle of my front yard and nothing had taken place at this time. I told him not to use that language towards me and it was unnecessary. He wanted to speak to the other brother who inside. I said I would go get him, they followed. Once at the threshold of my home I asked that they stay outside and they said they couldn't. One officer told me to, "get the F out of his way". My boyfriend told them to leave my home in a rough tone. The officers said they were going to arrest him for impeding an investigation. He put his hands behind his back and they cuffed him. As they turned and faced him towards the door and walked him out the last officer purposely tripped him. I told him I saw that, his response to me, "doesn't matter". I closed the door and locked it. They had both people causing the disturbance in custody. There is a knock on my door, it is two of the three officers. I ask what they need. They informed me they were going to search my home. I told them they could not and asked them to leave and reminded them of my rights. They told me I did not have a choice. They tried to intimidate me so i felt uncomfortable so i called 911 on my cell phone and told her what was going on and ask that she stay on the line. I told the officers that I was on the phone with 911 and when they were through with their search and as they walked pass me to leave one officer said,"911 can't help you" They left and I locked the door.I asked the 911 officer to send the lieutenant out to speak to him about the conduct of his officers. He came he was very dismissive towards me and in mid sentence of me telling him of his officers vulgar terminology towards me twice and the illegal search he turned and walked away. I asked him if he respected what that badge meant and stood for and he said yes. I said i do too, but I don't think he did if he acted so dismissive of his officers behavior. The next day I went to the police station and talked to the Patrol Commander and told her of my concerns and that her officers acted thuggish and violated my rights. I told her that an officer has an oath he takes and reminded her of 2001 U.S. Dept. of Justice article "Principles for Promoting Police Integrity" Where it clearly states the conduct an officer must display. I told her my concern is if they behaved that way to me, a solid citizen, no record, active in my community and strong enough to report this abuse and violations, what do they do to people they feel have no voice. So my question really is What do I do now? Was speaking to her good enough for action to be taken. I did suggest to her that a refresher course on our Constitution and Bill Of Rights and the police Honor Oath might be in order. I just don't want the police to feel as though they can do what they want. They are not above the law. They must follow the law and honor Our Constitution. What do I do to try and make sure this is happening? Am I doing the right thing by continuing this? I am fearful that if I continue I might become a target for harassment. I feel if I don't use my voice for me and others this abuse could escalate.
 
Have you made a formal personnel complaint? If not, then they are likely under no LEGAL obligation to look into the matter. And even if they look into it at your behest or on their own initiative, depending on the laws in your state they are probably unable to provide you with any specific details of the outcome aside from whether your complaint has been ruled as substantiated or not.

Understand that a 2001 article in a DOJ publication is not binding on anyone. The conduct you want to highlight is probably already articulated in their policy and procedure manual which IS a document they must strive to adhere to.

Beyond complaining to the agency, you can speak to the media, talk to an attorney about possible civil action, blog about it, send letters to the editor, or shout your opinion from the rooftops. I suppose what you choose to do will depend on what you hope to accomplish. If you want financial redress, it's an attorney. If you want public attention, then it's the media. If you want to foster a change in behavior, then it's a complaint. Or, any combination of these. It all depends on what you want to achieve.
 
Your complaint to the department should be made in writing. The department might have a particular form they want you to use. You can do that on your own or with the assistance of an attorney, which is a better option. As you describe it, you seem to have a very reasonable complaint to make.

That said, there is likely some relevant information missing here. Are you, your boyfriend, his brother, or anyone else who resides in the home on parole or probation?

Also, once they were outside and you locked the door, why did you open it again?
 


OP, if you're smart, you should move on!

You have allegations against the police.

But, YOU permitted the officers to enter YOUR home.

They may have done many things, but I don't see anything that concludes me to believe any constitutional rights of YOURS were violated.

They will probably be united in their defense of each other.

After all has been said and done, you called them, remember?

You are free to speak to your city council representative, mayor, or the Chief of Police.

Once you've had that chat, made your concerns known, let it go!

The next time YOU call "911", ask yourself, do I really need to do this?

Your boyfriend and his brother started this brouhaha.

Had it not been for their THUGGISH, BRUTISH, LOUTISH behavior, you would have been sound asleep in your bed.

It might be time to break all ties with the THUG BROTHERS????

Just saying....
 
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Once at the threshold of my home I asked that they stay outside and they said they couldn't. One officer told me to, "get the F out of his way".

They informed me they were going to search my home. I told them they could not and asked them to leave and reminded them of my rights. They told me I did not have a choice. They tried to intimidate me...

That hardly sounds like consent.
If true, and absent probation/parole search terms, this sounds like misconduct that needs to be addressed. Nobody should ever tolerate this.
 
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