06-18-2008, 09:09 AM
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Junior Member
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Join Date: Jun 2008
Posts: 8
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Originally Posted by GentleGrace
Illegal execution on of a warrant is not synonymous with lack of probable cause. If you want your door to remain intact, don't have people over that you KNOW the police "ALLEGE" are criminals, and don't have them buddy up to your husband, thereby reflecting suspicion on YOU and on him.
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We had NO IDEA that this individual was involved in any criminal activity. He was a tag along of someone we knew as a upstanding citizen. We don't do background checks on everyone we meet.
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Your "friends" actions gave the police reasonable suspicion that you or he may be involved too--was it that hard of a premise? Stolen stuff, the guy is chatting it up in your house----surely you see how that reflects on you?
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He was in the driveway standing just OUTSIDE OF THE GARAGE, not inside my home.
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Also, you never state how the charges against your husband were resolved? What was he charged with and what is the disposition of that case?
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We were never charged with anything.
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Here is a parallel for you---suspect robs a bank, steals my Corvette. He roars away from a robbery, chase ensues at speeds only Vettes are capable of,cops shoot at the vehicle, use spike strips, and stop the fleeing felon and my car is destroyed. Is it the police officers fault? No, it is the fault of the fleeing felon who took it in the first place. As in your case, the presence of someone wanted by the police with acceptable probable cause ( not a guilty verdict ) was the catalyst which resulted in the smashing of the door. You are putting the blame on the wrong person.
Here is a question for you--you said the atv were 'GONE" when the cops got there, then you say the supects came back to 'load up'. Did you lie and tell the cops you didn't know where the riders were? I thought they were already gone? It is also telling that you never stated that you and your husband had nothing to do with the crime in question and you never state that the car WASN'T stolen--clearly it was. Fill in the blanks.
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We live in a hick town of less than 200 persons; I work directly with first responders and some law enforcement. I attend city council meetings and, I had even joined the city planning board. NOT ONCE did sheriff bob knock on the door to ask questions. (But I'll bet when voting time comes he'll be knocking then!!!) I would have gladly answered any questions first because I was unaware of issues, secondly I don't knowingly associate with criminal activity it would have negative effects on my employment.
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Now... probable cause means they CAN go on private property---and as you said, they were there pursuant to a call, no violation on their part there. Also, further probable cause made them come BACK to arrest--and since those wanted were on your property, they were within their right to execute the warrants in a manner which afforded THEM the most safety. (notice, if they had been on the property next door, you and our husband < if you weren't charged---you never really say> wouldn't have been arrested and your door would be intact. Under section 1983 which governs civil liability of police officers ( and other public officials related to the same), the test is reasonableness. Did they act in a reasonable manner? It appears to me as though they did.
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IMO...They should have taken him down across the street where they found the vehicle BEFORE he cranked it up and drove it. If they had done that it would have never made it to my property.
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The best way to keep the police from your door step is to keep people of questionable repute from stopping to thank you for the memories. NOT a smart move. What you are saying is similar to a guy whose friend is smoking pot, guy gets stopped, gets mad because HE gets arrested because his FRIEND has pot--and later the charges are dropped against him when his friend admits it was his. Instead of being mad at the cops, why not be mad at the guys who came to your house with stolen property, abandoned it and came back to shoot the , er, breeze? Why blame the cops who were trying to right the wrong these "friends" did?
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Thanks for the advice; when the dust settled, this person was a victim of someone else (fradulent car dealer). So even though at that particular moment he was percieved to be involved in a criminal issue the proof that he wasn't has been legally validated. So now we KNOW he is in fact NOT a criminal tell me exactly how I should go about finding out who is/isn't of ill repute before they set foot on my property?.
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Here is the bottom line: PROBABLE CAUSE is NEVER justified or, in turn negated by the verdict. In other words, the end never justifies the means. Another way to say it--whether the charges were dismissed or not in no way affects the legitimacy of acceptable probable cause. Look at OJ. The standard for probable cause ( needed to affect a warrant) is much lower than the standard for a conviction (beyond a reasonable doubt) because probable cause is established before a full investigation is competed. Obviously, more information lending itself to a guilty or conversely not guilty verdict may be forthcoming.
If alleged robbers weren't chatting it up with you, your door wouldn't be broken.
A savvy attorney who aggressively defends his client and convinces the court to drop the charges on a technicality is NOT the same thing as being INNOCENT.
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Again...if he had been taken down across the street where they found the vehicle BEFORE he cranked it up and drove it would have never made it to my property.
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