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I'm splitting this off from the silencer rights thread... Posted about this back in November when it happened, but had the mods delete the thread once I came to my senses.
This is true. I ended up with a broken elbow and a night in jail a couple of months ago when I argued with a pair of police officers who not only illegally ordered me to eject invited guests, but also attempted to enter my house without permission. One of the officers had received a noise complaint about a party at a different location, and when he noticed a party at my house, he came up to me and without so much as a hello, he told me "turn off the music and send everybody home." The situation snowballed from there.
Last Thursday, I was cleared of the criminal charges that resulted, but only because a dozen people witnessed the whole incident and were willing to testify on my behalf.
I've had encounters with the police in various contexts for at least the last 15 years, and I'd never before even received so much as a formal warning. I've always been polite and respectful to police officers, and they've always been polite and respectful to me.
These officers were neither... and though all I did was dispute the legality of their actions (even they agreed that I was otherwise respectful), they treated me like a common criminal. Their police reports were inconsistent with each other, and what I and the other people there actually saw. They weren't bad cops, either - just two regular police officers who like having their way and wanted to keep themselves out of trouble and teach me a lesson.
Moral of the story: be polite and compliant no matter what. And bring a dozen reliable witnesses with you everywhere you go .
Even though I may ultimately win a small civil settlement - enough to cover my relatively meager medical and legal expenses (it was a minor injury and a simple case) plus a little for my trouble - it won't be worth it. If I had to do things over again, I would have complied with the officers' illegal orders and taken my complaint to the police auditor and/or the media. It's unfortunate that Americans should ever have to hesitate to assert their constitutional rights, but doing so can sometimes be a risky proposition.
Because I'm planning to file a civil suit, I won't go into any more detail or answer any questions about this incident. You're welcome to call me a stuck-up little bastard all you want (I was certainly being one that night, as was my right), but I'd rather focus discussion on the larger topic of what to do when faced with a police officer who has the law wrong.
Additionally, it could have opened him up to more problems. The more non-compliant you are at the scene, the more the police can ramp it up against you. Your word against several sworn LEOs, the story writes itself. -The side of the road, at night, with an armed individual carrying a badge is not the time or place to demonstrate your expertise in Constitutional law. While the time and place of his encounter with local LE was different, it's not like he was in a position to start strongly asserting his rights without it going terribly wrong for him.
This is true. I ended up with a broken elbow and a night in jail a couple of months ago when I argued with a pair of police officers who not only illegally ordered me to eject invited guests, but also attempted to enter my house without permission. One of the officers had received a noise complaint about a party at a different location, and when he noticed a party at my house, he came up to me and without so much as a hello, he told me "turn off the music and send everybody home." The situation snowballed from there.
Last Thursday, I was cleared of the criminal charges that resulted, but only because a dozen people witnessed the whole incident and were willing to testify on my behalf.
I've had encounters with the police in various contexts for at least the last 15 years, and I'd never before even received so much as a formal warning. I've always been polite and respectful to police officers, and they've always been polite and respectful to me.
These officers were neither... and though all I did was dispute the legality of their actions (even they agreed that I was otherwise respectful), they treated me like a common criminal. Their police reports were inconsistent with each other, and what I and the other people there actually saw. They weren't bad cops, either - just two regular police officers who like having their way and wanted to keep themselves out of trouble and teach me a lesson.
Moral of the story: be polite and compliant no matter what. And bring a dozen reliable witnesses with you everywhere you go .
Even though I may ultimately win a small civil settlement - enough to cover my relatively meager medical and legal expenses (it was a minor injury and a simple case) plus a little for my trouble - it won't be worth it. If I had to do things over again, I would have complied with the officers' illegal orders and taken my complaint to the police auditor and/or the media. It's unfortunate that Americans should ever have to hesitate to assert their constitutional rights, but doing so can sometimes be a risky proposition.
Because I'm planning to file a civil suit, I won't go into any more detail or answer any questions about this incident. You're welcome to call me a stuck-up little bastard all you want (I was certainly being one that night, as was my right), but I'd rather focus discussion on the larger topic of what to do when faced with a police officer who has the law wrong.