Small town false arrest, threats from police.

[Dietitian]

I live in a small town with 13 LEOs and about 10,000 people in the Midwest. My girlfriend and I have parties at our home often. We drink but do not use drugs.

A few months ago, after a party, I found her with an open bottle of sleeping pills. We were both very drunk. I was concerned about how many she had taken and called 911. Asking her what she had taken, she deliriously told the LEOs responding the call that she had taken LSD. I told the LEOs truthfully that I didn't know she had taken it and that I would be surprised if she had, as we don't use drugs and don't like them. I was instructed to get in touch with the LEO. I called a few times, eventually having him tell me to call back in a couple weeks because he was too busy with a big case. I called back, he was not available, and I didn't try again.

About 3 months later the same LEO knocks on my door while I am working on my computer and my GF is watching a movie with our friends downstairs. She is drinking, our friends are not.

It takes about 2 minutes for me to get off the computer and get to the door, as which point I turn on the light, step onto the porch, and begin to close the door behind me. The LEO stops the door and screams at me "you're under arrest, do you know what that means!? What did I tell you about having parties!?" (I'm confused as he has never told me to stop having parties) My friends politely ask if the LEOs have a warrant to arrest us or enter the house. The LEO says "Are you a police officer? Shut up."

I am calm and cooperate as he cuffs me. He pulls my girlfriend from the house and cuffs her. The partner LEO runs into my living room and begins putting his flashlight in my friend's faces, asking their age and names. There is one beer can on the coffee table, and the LEO says "we got alcohol here sarge." One friend is 20, the other is 24. My GF and I are in our 20's.

On the way to the station the LEO tells me that he's not going to allow this to happen in "his town," and that I may have different morals but that my behavior is unacceptable, and that I should be ashamed of myself. He mentions a drug dealer's name and asked if I know him. I truthfully say I don't know that name or who he is. He tells me that the drug dealer "sure does know you!" He lies and tells me that the drug dealer has been to my house many times. He tells me that he is tired of me having parties at my house. (We are quiet and have never had noise complaints. We get along with our neighbors, and have never had an LEO at the house except the 911 call) He tells me that if he sees cars in front of my house he won't ask questions, he'll simply arrest me and my GF on the spot.

We are both strip searched, put in stripes, fingerprinted, and put in separate cells. We are out in 8 hours -- after posting bail. During the booking he tells us that we are under arrest for "Keeping a home for the use, sale, or storage of a controlled substance." This is an aggravated misdemeanor. The charges were dropped by the county attorney two weeks after the arrest for lack of evidence, as we expected. There is no evidence for this charge.

They held us longer than was needed to identify us and give us summons to appear in court. The date of the offense (keeping a home for drug use) was 3 months prior, the date of the 911 call. This is ample time to get a warrant. They entered my home without permission, probable cause, or warrant.

How should I deal with this? Is suing the LEO a bad idea? Should I leave town? Should I talk to the police chief? Is this common in small towns? Is this LEO corrupt?

[Citicop]

I live in a small town with 13 LEOs and about 10,000 people in the Midwest. My girlfriend and I have parties at our home often. We drink but do not use drugs.

A few months ago, after a party, I found her with an open bottle of sleeping pills. We were both very drunk. I was concerned about how many she had taken and called 911. Asking her what she had taken, she deliriously told the LEOs responding the call that she had taken LSD. I told the LEOs truthfully that I didn't know she had taken it and that I would be surprised if she had, as we don't use drugs and don't like them. I was instructed to get in touch with the LEO. I called a few times, eventually having him tell me to call back in a couple weeks because he was too busy with a big case. I called back, he was not available, and I didn't try again.

About 3 months later the same LEO knocks on my door while I am working on my computer and my GF is watching a movie with our friends downstairs. She is drinking, our friends are not.

It takes about 2 minutes for me to get off the computer and get to the door, as which point I turn on the light, step onto the porch, and begin to close the door behind me. The LEO stops the door and screams at me "you're under arrest, do you know what that means!? What did I tell you about having parties!?" (I'm confused as he has never told me to stop having parties) My friends politely ask if the LEOs have a warrant to arrest us or enter the house. The LEO says "Are you a police officer? Shut up."

I am calm and cooperate as he cuffs me. He pulls my girlfriend from the house and cuffs her. The partner LEO runs into my living room and begins putting his flashlight in my friend's faces, asking their age and names. There is one beer can on the coffee table, and the LEO says "we got alcohol here sarge." One friend is 20, the other is 24. My GF and I are in our 20's.

On the way to the station the LEO tells me that he's not going to allow this to happen in "his town," and that I may have different morals but that my behavior is unacceptable, and that I should be ashamed of myself. He mentions a drug dealer's name and asked if I know him. I truthfully say I don't know that name or who he is. He tells me that the drug dealer "sure does know you!" He lies and tells me that the drug dealer has been to my house many times. He tells me that he is tired of me having parties at my house. (We are quiet and have never had noise complaints. We get along with our neighbors, and have never had and LEO at the house except the 911 call) He tells me that if he sees cars in front of my house he won't ask questions, he'll simply arrest me and my GF on the spot.

We are both strip searched, put in stripes, fingerprinted, and put in separate cells. We are out in 8 hours -- after posting bail. During the booking he tells us that we are under arrest for "Keeping a home for the use, sale, or storage of a controlled substance." This is an aggravated misdemeanor. The charges were dropped by the county attorney two weeks after the arrest for lack of evidence, as we expected. There is no evidence for this charge.

They held is longer than was needed to identify us and give us summons to appear on court. The date of the offense (keeping home for drug use) was 3 months prior, the date of the 911 call. This is ample time to get a warrant. They entered my home without permission, probable cause, or warrant.

How should I deal with this? Is suing the LEO a bad idea? Should I leave town? Should I talk to the police chief? Is this common in small towns? Is this LEO corrupt?

Call a lawyer.

I doubt that what you have written is the truth, the whole truth, and nothing but the truth. I also wonder what the police report of your arrest says about the incident.

Just because charges were later dismissed does not mean that the initial arrest was unlawful, nor that there was no probable cause.

Also, why did you assume you would find people to take your side on a Law Enforcement Forum?

[Dietitian]

I don't want you to take my side. I want your advice on how to deal with this LEO, and to know if this is common in small towns.

What does not seem like the truth to you?

Am I permitted to see the police report?

[Cat_Doc]

I think you should be checking on whether or not the drug dealer is sneaking over to your house and providing your GF with something (;)), including the LSD you said you did not know she had taken.

Other than this, you should be talking with an attorney, as previously mentioned.

[Dietitian]

I think you should be checking on whether or not the drug dealer is sneaking over to your house and providing your GF with something (;)), including the LSD you said you did not know she had taken.

The LSD guy was arrested the next day. The name the LEO mentioned was a different drug dealer they had just busted a week ago for selling cocaine, a person we do not know.

I have a lawyer. I don't want to sue him and then have him pull me over every time I am doing 26 in a 25.

[Citicop]

I don't want you to take my side. I want your advice on how to deal with this LEO, and to know if this is common in small towns.

What does not seem like the truth to you?

Am I permitted to see the police report?

Police Reports are public information, so yes, you can see it.

You don't need to deal with this LEO at all if you don't want to. If you feel he was wrong, file a complaint with the department and/or sue him/them.

I don't know how common this is in small towns, I have never heard of any officer acting in the way you allege this one to have acted.

The reason I feel your story is not all true is for the same reason. I have never seen (or heard of) an officer act like that. If your story is true and you left nothing out, then he was out of line. But the behavior of the officer makes much more sense if you add in some other things that look worse for you (hanging out with known sellers and users of drugs, numerous noise complaints, or other legal problems).

Citicop.

[Cat_Doc]

The LSD guy was arrested the next day. The name he mentioned was a different drug dealer they had just busted a week ago for selling cocaine.

So, your GF, behind your back, has been "keeping a home for the use, sale, or storage of a controlled substance."

Dude, you might want to just cut your losses and move on. It sounds like you are hooked up with a "party girl" that is doing stuff behind your back which is adversely affecting you. It won't be the first time this has happened.

You can be pissed at the cops all you want; but you need ask yourself why the cops now have you on their radar?

Do you really think they just drove down the street one day and randomly picked your house to mess with?

[Dietitian]

So, your GF, behind your back, has been "keeping a home for the use, sale, or storage of a controlled substance."

Dude, you might want to just cut your losses and move on. It sounds like you are hooked up with a "party girl" that is doing stuff behind your back which is adversely affecting you. It won't be the first time this has happened.

You can be pissed at the cops all you want; but you need ask yourself why the cops now have you on their radar?

Do you really think they just drove down the street one day and randomly picked your house to mess with?

No, I've been with my GF for 5 years. She is most certainly not using drugs outside the 911 call night.

I'm on the radar because of the 911 call. He's perhaps mad at me because I didn't get in touch with him to talk about the incident.

I also had parties in my home often, putting me on the radar. He is also likely frustrated by the lack of noise complaints or reason to knock on my door.

The dept has also heard a bunch of nasty rumors promulgated by my girlfriend's bi-polar mother.

[Citicop]

Your girlfriend, who has never used any illegal drugs in her life, one night decided to use sleeping pills and LSD?

This doesn't strike you as being really strange behavior?

This is something else that makes me believe that you are not giving us the whole story.

Citicop.

[Cat_Doc]

The dept has also heard a bunch of nasty rumors promulgated by my girlfriend's bi-polar mother.

You probably won't answer, but I sure would be curious to know what kind of rumors would cause the cops to focus in on you?

This is from your GF's mother, right?

Is it just me, or is there a common denominator popping up here?

I don't mean to pick on your girlfriend, but golly-jeez; she parties all the time, has been meeting up with a drug dealer and consuming illegal contraband behind your back, and now her own mother is talking crap about her? Or, is her mother talking crap about you?

You know, it is always better to sweep your own porch before you sweep your neighbors (cops).

Not saying your girlfriend is at the root of all this, but hey, you gotta call 'em like you see 'em.

I hope she's not standing over your shoulder reading this. I suspect she would be very mad at me if she is.

[Dietitian]

Your girlfriend, who has never used any illegal drugs in her life, one night decided to use sleeping pills and LSD?

This doesn't strike you as being really strange behavior?

This is something else that makes me believe that you are not giving us the whole story.

Citicop.

Yes, she randomly, one time. Other than that she hasn't ever used anything but alcohol, but I see your point.

The sleeping pills were over the counter (Benadryl) and relatively safe, which she has used before to help her sleep. She drinks but does not use drugs other than that night.

[Dietitian]

You probably won't answer, but I sure would be curious to know what kind of rumors would cause the cops to focus in on you?

This is from your GF's mother, right?

Is it just me, or is there a common denominator popping up here?

I don't mean to pick on your girlfriend, but golly-jeez; she parties all the time, has been meeting up with a drug dealer and consuming illegal contraband behind your back, and now her own mother is talking crap about her? Or, is her mother talking crap about you?

You know, it is always better to sweep your own porch before you sweep your neighbors (cops).

Not saying your girlfriend is at the root of all this, but hey, you gotta call 'em like you see 'em.

The mother is talking crap about me and not her daughter. She wants me deleted from her daughter's life. She is not a well woman, but can create an illusion of mental clarity very well sometimes.

My girlfriend was honest with me about trying the drug. She got it from a childhood friend she has known for years.

[Dietitian]

Also, why didn't they get a warrant to search my house or arrest us?

[newtosmalltown]

I was crossing through an intersection into my neighborhood, like I do everyday after picking up my kids from my Mom's house. As I came through the intersection a city police officer was making a left out of my subdivision and he turned in front of me as I was coming through. It was a miracle I did not hit him. He immediately turned around and pulled me over.
He was angry.. red in the face and told me that I had been in a left turn only lane and went straight, illegal lane usage, or something along those lines. I told the officer that the lane was a go straight/turn left lane and the other was right turn only. He told me not to argue, he knows the streets and to sit and be quiet. I simply said, "officer, please, just turn around and look" as we were that close. At this point he had me get out of my vehicle, he handcuffed me, in front of my children (all under 8) and put me in the back of his car. He wrote me a ticket, after yelling at me for arguing with him and almost causing an accident, while I was HANDCUFFED in his car and my children sat screaming and scared to death in the van in front of us.

When he was done he let me go home, reminding me as he is taking off the handcuffs and within earshot of my children, how lucky I am that he is not taking me to jail.
I made a complaint. I went to the chief of police and told him what had happened. He knew the intersection but said he would have to review the tape (everything is taped there) to see if what I was saying is true.

The officer called me the next day and apologized,and tell me there was no longer a ticket. He got in trouble (from what I was told) for the way he treated me. I spent almost four months with him or one of his friends behind me. He pulled me over two or three times, telling me I had been speeding but not giving me a ticket. I was pulled over at four a.m. one morning going into my neighborhood and when I asked why he stopped me he said it was because I looked like I was in a hurry. Most times they did not even want license, regist. poi...Just to let me know they were there.

I did not make another complaint. I moved shortly after this. I think It would have been less stressful to pay the ticket.

[Cat_Doc]

The mother is talking crap about me and not her daughter.

LMAO! You got a mother in law and ain't even married yet. Man, I would worry about her more than the cops. :eek:

In any event, since you apparently have an attorney on retainer, you really should take the attorney's advice. He/she will have access to the police reports and will be better informed on what action you may want to take.

You might consider slowing down on the parties, though. Especially if you have friends under the legal drinking age coming over while there are open containers lying about. And especially since you are on the local police radar.

Take care.