Police entered my home with guns when I was sleeping and falsified a story

On June 11th 2008 I awoke to 5 armed police men in my home with their guns drawn. I was home alone with my two young children. I believe I may have caught them by surprise because I think they thought no one was home. They told me they were pursuing a suspect who ran inside my home, a story which the evidence shows is not true. They entered my home with no permission and fabricated a story to continue searching for whatever it was that they were trying to find. I am a hard working, honest mother of three with one on the way. My husband is also hardworking and we have absolutely nothing to hide, and no criminal ties. I don't know what was really going on, or what they were looking for, but my rights, my families security, my home, and my respect for the authorities were all violated. My kids were put into danger for no reason. Already the stories the police are telling are false and do not represent the events that took place. I have nothing to hide. I will take a lie detector test at my own expense. I am scared, worried, puzzled, stressed, and don't know where to turn. I want my story to be heard. I have written a four page account of what took place and would be glad to share it with anyone. There is a lot more to the story. I have also filed a compliant with the sheriffs dept., but I don't really know where that will go. If someone would just read my story I would greatly appreciate it. Thank you!

Sincerely,

Sylvia Barela

How did they enter your home? Did they knock and announce themselves? Or did they do it quietly, as though they were, well, yanno, LOOKING for a suspect that ran into the home?

If they were there pursuant to a call, they have a right to come into your home if they are pursuing a presumably dangerous felon. Example: If a guy robs the bank next door, and runs into my house and hides, the police don't need a search warrant to come into my house and look for them.

You say "they continued to look for whatever they were looking for", yet in your first sentence, you state they were looking for a suspect. You don't mention if they had a search warrant--( not that they needed it). Your story contradicts itself.

And, if their guns were drawn, believe me, they knew you were home.

You have left out a lot of relevant details--such as was there a crime in the immediate area? Why did the come into your house? Why are they now saying they came into your home? Were there exigent circumstances ( such as a robbery around the corner and a fleeing felon) or were they simply executing a search warrant for someone they felt was at or in your home?

If Im asleep and a bank robber flees into my house--the police are MORE than welcome to dash in right behind them and get him BEFORE he kills me or holds me hostage.

Provide more details--RELEVANT details---like this. (example) (leave out details such as I'm pregnant--thats nice, but it doesnt have anything to do with the issue at hand)

1. Someone had just <fill in crime> raped a woman next door, robbed a bank around the corner, etc.
2. I witness stated they saw him dash into my home to hide.
3. The police came in looking for him , explained to us who they wanted and why and that they were trying to protect us, and they left once the home was secure.

Something tells me they were looking for your husband or someone you know, or someone that has been or had been in your house.

True?

I wrote a 4 page account of exactly what happend, but here is an attemted short version. I will also post the full account. I heard "sheriff" and jumped out of bed, I proceeded down my hallway and encountered them with there guns drawn. My house was completely dark until you reached the hallway and could see my sons light, which is when I heard the announcement, at the point where they got to his room. They told me they were pursuing a suspect who may have ran inside. I gladly told them they could check to see if someone was inside, but after all was said and done I don't think there was any suspect being pursued or looked for. I found out that the detectives that were in my home are the same detectives on a case my husbands cousin is currently on trial for. My husbands cousin calls our home all the time and talks to me and my husband and also has us call his girlfriend for him. My husband and I do not believe his cousin to be guilty and that is the only reason he is allowed to call our home. My neighbors, which share the same lot as me said that the officers were searching my garage prior to entering the front door. They claim to have been pursuing a suspect, but none of the other houses on the lot were searched (there are 4). Later I asked if they is some sort of proof that there was a pursuit, such as a call to dispatch, or report, or something, and I was told thats not how it works. That the officers are not required to call in all pursuits. They did not have any warrant or anything of that sort. A screen was removed from my front window and the window was opened all the way up, but they claim that my door was unlocked, which I am 99% sure it was not. There is a lot more to the story, I will post the entire thing.

On June 11th 2008 at approximately 9:15pm, I was laying asleep in my bed with my 6 month old baby. I woke up when I heard a voice yell sheriff. I jumped out of bed and exited my room. As I walked through my hallway I was confronted inside my house by approx. 5 officers in black attire wearing Kevlar vests. They had their guns drawn and flashlights out. It was very
dark in the house. I was completely surprised, shocked, and scared. They told me my front door was unlocked, and that they were pursuing a suspect who they believed may have ran into my house. They were all well inside my house in the entryway of the hallway. They asked if they could look to see if
someone was inside and I said please. They led me to believe that they had been chasing a perpetrator who had entered my home, and that my family and I were in danger. They asked me who was in the house and I told them myself and my two children. The officers had there guns up while they walked through the house. The first room that was entered was my son’s room, it was directly in front of were I had encountered the officers in my hallway. My son was watching cartoons and his light was on. I was extremely scared and
worried about my children’s safety. The officers spread through the house and began searching. I followed behind a couple of the officers who were
entering my room because my baby was in there in the bed. They told me to stop and wait in the hallway. I stopped in the hallway, but tried to stay looking because I was worried about my baby. One officer proceeded to ask me questions such as my name, birthdate, and drivers license number. They asked for the full names and birthdates of my husband and father in law, who were not present. The officers that entered my bedroom searched briefly and then proceeded into my garage through an entry door in my bedroom.
Another officer who I later learned to be Detective Joe Valencia approached me and asked if Brandon lives here. I said no. He asked if I know Brandon and I said I don’t think so. I asked if they had a picture of Brandon and he told me to hold on. He went outside to the squad car and took a picture of Brandon who was sitting in the back of one of the cars. He took the picture with a camera phone. The officer came back into the house and showed me the picture from his phone. I told him I did not recognize that person as
anyone I knew. He asked me if that person lived in my home and I said no. The officer began to walk away towards the back kitchen door. I asked if I should follow him and he said okay. As we got to the back kitchen door I could see that all of the officers were still searching the garage. They had already been in there at least a good 15 minutes, and it is not very large. I didn’t even think to ask why they were in there so long because I was still scared and in shock. Detective Valencia stayed with me at the door and
proceeded to make small talk asking me about my children and husband. He stayed with me a few minutes and then said to wait while he goes to see what’s going on. I waited at the back door while he went in to the garage and very shortly after, he walked back over to me with several other officers. He showed me a little girl’s clear purse that had bullets in it. He said that they found the purse in my garage. I told them I had never seen that in my garage or anywhere else and that the bullets did not belong to me. The officer said, “then what are they doing in your daughters purse” and I stated that it was not my daughters purse because I didn’t recognize it to be anything I had ever purchased for her, or anything I have ever seen her with. The officer told me that the bullets gave them probable cause to search my house. He asked me if I had any weapons in the house and I said no. The officers proceeded back into my house. I started to cry and asked them to please not scare my children. The officers spread through my house and
started to search I followed back to my bedroom and stood at the doorway so I could be close to my baby. The officers looked through all of my personal
belongings. They asked me to remove my sleeping baby from the bed so they could lift it up, so I did. The officers did not go back into the garage to search, but they had already ransacked it before they showed me the bullets that they allegedly found in there. I had a lot of bags of old clothes for charity and things like that and they had been emptied out and gone through along with many other things inside the garage that were searched through and emptied out. The officers finished their search and did not find anything. As the officers were finishing up Detective Valencia gave me his business card. The officers proceeded to exit my house, and as they exited, my mother and mother-in-law had pulled up. I guess one of the neighbors had contacted one of them and told them there were a bunch of police in my home. My mother pulled into the driveway first and my mother in law was right behind her. Before my mother in law could pull in the driveway the police rushed to her vehicle. My brother in law was with her in the passenger seat.
They opened the passenger door and pulled him out. My mother in law jumped out of the car and started yelling and screaming asking them what they were doing and repeatedly saying that she just pulled up. The officers patted down my brother in law and they took him over to the sidewalk and began questioning him. My mother in law continued to scream at the officers to leave her son alone and state that she just pulled up with him. She told the officers they were harassing them. One officer opened the pocket of his vest put his hand on his mace and told her “shut up or I’ll spray you like a dog”. I stepped in front of her and said don’t spray her. I told him you can’t talk to her like that. He continued to look past me as though I wasn’t even standing in front of him and repeated his comment several more times. Another officer walked over in what seemed to be an attempt to calm the
situation. I told the other officer that those comments and behavior were extremely unprofessional and uncalled for. I told him that my mother in law is
only concerned for her family and she doesn’t need to be called a dog, or told she is going to be sprayed like one. The other officer was very calm and it
seemed as though he did not condone the hostile officer’s behavior. My mother and mother in law proceeded into the house to check on the kids and I
followed behind them. My brother in law stayed outside and continued to answer the officer’s questions. My brother in law told the officers he knew who Brandon was and that Brandon knew my husband and was not a
perpetrator. After they spoke to my brother in law they let Brandon out of the squad car and left. After the officers left my brother in law came into the
house to make sure everything was okay. He told me that Brandon stated that he pulled up to my house and saw police cars in the back of my driveway near my garage. Brandon said he came to my front door to knock
and that is when he was approached by the officers. They took him and put him in the back of the squad car and then proceeded back to my front door. My neighbor, whom shares a driveway with me, also told me that the officers pulled to the back of my house, and were inside my garage before they came to my front door. When I was at the back kitchen door talking to Detective Valencia I also saw all of the police cars in the back area of the property. There weren’t any squad cars in the front of my driveway, or directly in
front of my house. After the officers left and I received this information from Brandon, and also my neighbor, along with my own account of things, things
just weren’t making any sense. I NEVER at any point gave any of the officers permission to search through my property for any sort of evidence or anything of that nature. It was never asked of me. The entire time I was under the impression they were pursuing a suspect and I was in fear of my safety, but now I don’t believe that was the case. I also discovered that the screen window in the front of my house had been removed and the window was wide open. I didn’t notice this during the commotion when the police were
in my house, especially because it was very dark. I don’t know if this is how they entered my home, but I know the window was not like that before hand. I looked on the card that the officer had given me and it said Los Angeles County Sheriffs Department, and the address was in Compton. I was extremely puzzled, scared, and trying to figure out what just took place and why. I contacted Temple City Sheriffs Department and made a formal complaint. I filed the complaint with Lt. Jacobs. I told her that I was extremely concerned that the officers were in my house with their guns drawn, and I believe that they may have falsified information in order to search for whatever it was they were looking for. After I filed my complaint my husband arrived home. He contacted a Sgt. at the Compton station, Sgt. Edwards of Compton OSS. The Sgt. told him he would find out what was going on and call my husband back. When Sgt. Edwards called back approx. 30 min to an hour later my husband told him to speak to me so I could explain exactly what happened. He told me that the officers were pursuing a suspect who was Brandon. I said, “So the officers were pursuing Brandon, Brandon ran in my house, and the officers followed.” He said yes, and then I repeated
it very slowly as I was writing it down. It was very obvious by how I was repeating it that I was writing the information down. He quickly said, “No”, “That is not what I said”. He then stated that the officers were pursuing him, but that he did not say he Brandon ran in my house. I told him that now that I can think back on what happened it didn’t appear that the
officers were pursuing or chasing anyone.

I told him
no one was breathing heavy or sweating and no one
seemed to have been running. He started going over the
different methods used to pursue someone, and I told
him that I could understand that there may be other
ways, but that it just didn’t seem as though there was
a pursuit. None of the squad cars were pulled up to my
house in a way that appeared to be part of a pursuit.
I said since there was a pursuit there should be some
sort of record to dispatch or some radio call, or
something that would prove that they were pursuing a
suspect into my home. Sgt. Edwards replied no. He said
because there were so many officers they were a self
contained unit and they don’t need to call anything
into dispatch. I asked well how do they communicate
with each other. I said there has got to be some sort
of record of what was taking place and he said no. I
replied, so you are telling me that officers just run
around and pursue suspects and don’t call for back up
or don’t call anyone and he said not when they are a
contained unit. I told him it didn’t make sense that
officers from Compton were in my house with weapons
drawn, and he said they don’t work for Compton
anymore, but they don’t have any new business cards
yet. He said they were transferred to San Gabriel
Valley. I asked if they were pursuing Brandon than how
come Brandon was in the back of their car when they
entered my house with their guns drawn and told me
that they think a suspect ran in my house. If they
were pursuing Brandon, and Brandon was already in
their vehicle, then who were they looking for in my
home? He then asked me if I knew about the Black
family and I said no. He said they are gang affiliated
and connected to the shootings that had been taking
place in Monrovia. He said Brandon is wanted in
connections with the shootings and has been hiding. I
said if Brandon is wanted and in hiding then why did
they let him go, and not take him into custody? He
then stated that Brandon is only being wanted for
questioning and the officers probably questioned him
and then let him go. He told me that Brandon’s brother
Ryan is in jail because of his connections. I am aware
of who Ryan is. His dad was married to my husband’s
aunt. I have never known Ryan to be any sort of
trouble maker or gang member. He used to come over my
house and watch sports with my husband and sometimes
play video games. Ryan always came over alone, and was
always real quite and shy. My girlfriends used to
tease him because he was so shy. I would never ever
allow someone around my children who I felt was a
danger or a criminal. Ryan calls my house from jail
and talks to my husband and sometimes me just to see
how things are going. Usually when he calls we just
call his girlfriend for him and they talk because she
is unable to get collect calls. I haven’t for one
minute ever thought that Ryan was ever guilty of
having anything to do with any sort of shootings. If I
thought he was capable of something like that I
wouldn’t have ever allowed him in my home and I
wouldn’t allow him to call my home. The only reason
why I bring up Ryan’s name is because I can’t think of
any other reason why this event could have possibly
taken place at my home. Since Sgt. Edwards brought up
Ryan’s name I could only assume that the fact that he
calls my house from jail has something to do with this
whole incident. I don’t know what else to think. My
family is not in anyway associated with any gangs, or
anything of that sort. My husband and I are
hardworking parents of 3 with one on the way. Our
children are our #1 priority and their safety is of
extreme importance to us. The fact that 5 officers
entered my home without my permission, with their guns
drawn makes me feel very unsafe. I was, and still am
extremely frightened. I couldn’t sleep all night
because I feared they were going to enter my home
again with their guns. It may not seem like a big deal
to anyone reading this, but it was an extremely
stressful situation. I am 4 months pregnant, and
loosing sleep and stressing out is not healthy for me.
I don’t know what to do. I am very scared. I feel like
the situation and intent of the officers is much
bigger than I know. I have absolutely nothing to hide
and would have been more than willing to answer any
questions that anyone may have had, but now I am in
fear. I feel as though my children were put into
danger without just cause. My oldest son is on summer
break and stays home with his grandfather while I am
at work. I fear that officers with guns will enter my
house and I will not be there to protect him. There
are not enough words to express how scared I am. I
have total respect for the Authorities, but I feel as
though I was manipulated and lied to. I feel as though
my privacy was invaded, my family was put in to
danger, and it could easily happen again. If there is
anyone that would like to speak to me regarding this
matter I would be more than willing.

I didn't read all of that word for word----but what I did read left me with a few very distinct impressions.

First of all, the fact that other family members arrived and started SCREAMING at the officers is, to the officers , two things: 1. a sign of a threat, and 2. an indication of guilt. And, then after declaring your concern about your unborn child, you chose to risk being thrown to the ground and arrested for stepping between an officer and your mother because you don't like the way he TALKED to her? Your risked your childs life for something so stupid? You insist she deserves respect and doesn't deserve to be pepper sprayed---yet it completely escapes you that SHE OFFERED NO RESPECT. This means she gets none in return.

Also, some things you say actually support the officers assertion that it was reasonable that someone may have come into the house. You said they told you that the door was unlocked---does a pregnant mom with three kids home alone sleep with the door unlocked? I'm a widow with seven kids and I even get up in the middle of the night to RECHECK the doors and even windows at times.

So, the fact that the door was opened and the fact they had arrested a subject who indicated, or who they believed was in your home gave them probable cause to search. Also, the fact that the found bullets on your property that you state were not yours could support the idea that someone else was, in fact, present, without your knowledge.

Also your posting references you being related to criminal activity of various sorts. Of course, this doesn't mean you are guilty, but it does mean that when it comes to your privacy, you may be object of interest and suspicion to the police.

The police don't have to justify their being there. The Supreme Court test for determining if they were right or wrong is reasonableness. Were they acting reasonably? It appears, to me, that they were.

If you feel your rights have been violated, call an attorney who is experienced in Section 1983, civil law regarding police conduct.

Good luck.

Private message me. Police Invasion for reasons such as a suspect in the area profiling or a possible bad lead CAN NOT be taken lightly. You have rights!

For everyone's benefit, exactly what ARE the posters rights? Share what case law those rights are based on, too---we are here to learn from you, great one. (please do not copy from my other detailed postings on this forum regarding Section 1983--do your own research).

Surely everyone here can benefit from your vast experience and wisdom--remind us again--what IS it that you do?

Of course, the poster has rights----and this is precisely why I said ( quote )

"If you feel your rights have been violated, call an attorney who is experienced in Section 1983, civil law regarding police conduct. "

As someone who has taken several classes on Civil Liability in graduate school as well as law school, and still hasn't learned it all yet, I can assure you that someone on the Internet who has never even heard of Section 1983 cannot do anything but mislead, and misguide in a complicated issue such as this--which is why I didn't go into particulars---because it is a vast and complicated area.

Also, there WAS no profiling taking place. (or if your sentence is to be understood as you wrote it--the SUSPECT was doing the profiling--wth) Anyway, if you believe profiling was taking place, state on what basis the profiling was based. Gender? Race? Creed? S3xual preference? Obviously, none.

Furthermore, the police did not have a "bad lead"---they HAD probable cause. What about that is a 'bad lead', do tell?

Interestingly enough, you haven't contradicted with case law or legal premise a single comment I have made, just blathered on, tossing legal words together that don't make any sense. Disagree with my legal advice if you wish--and do what I have done---explain WHY, as a matter of law, my comments are incorrect. Go ahead.

This is hilarious---You tell ME to focus on the purpose of this site--yet you have not cited a single source, law, or precedent. Only begged people to contact you privately to peddle whatever "service" it is that you are supposedly providing.

If someone cannot post their comments here, for everyone to respond to , or scrutinize, it is a good indication that something is amiss. Take anything written here to a LOCAL attorney for review---including my OWN postings. Anyone who offers you 'free legal assistance" outside of this site is not only violating the terms of service of this site, but you can rest assured, they are lying. Period.

Also, you need to be very careful---your comments about you and the "others' ( cough cough ) who are reaching successful legal resolution of the 'problem', who are supposedly considering posting the outcome here---you need to be aware of the legal ramifications of suggesting an attorney client relationship in this medium and in this forum---which is illegal --whether or not you actually are an attorney. Anyone who has actually darkened the door of a law class room knows better than to actually "represent" an attorney/client relationship online, or imply one in a chat message board forum. Thats it, Skip. Go from the frying pan to the fire.

Have you thought about contacting the Department of Corrections--yanno, the one that assigns attorneys to defendants??? ( eyeroll )

What above of rubbish Matey look at some of your past hmm hmm advise and can you say the word Negligence. You state you don't know everything yet LOL NO ONE knows everything there is to know and someone that thinks they may reach that point may need to look outside help. These people write in this forum because they want advise and guidance so PLEASE stop showing your true colors by attacking me and TRY to assist others.
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Speak to an attorney and if he or she gives you a promised result or states he knows it all I recommend you run, not walk out of his office.

My past includes actual litigation for multiple attorneys and court preparation. Does brown roots need a resume?

For me to state your rights I would need more details and much more time then I have at the moment. I can state common obvious rights however by knowing more I could assist you and the forum.

What does "I litigate FOR MULTIPLE ATTORNEYS" mean? You litigate FOR attorneys, but cannot spell the word ADVICE? LOL Attorneys LITIGATE---you don't litigate FOR them. What is "court preparation"? Dusting, vacuuming? Too funny.....Oh, and what about this quote: "personal experience as to reduce any tension and sleepless nights due to unknown factors in the system. I am in IT management". You went from reducing tension related to "unknown factors in the legal system" (whatever that means), to "litigating for multiple attorneys". LMAO You should be on a stage, seriously.

Thankfully, one of us doesn't need any more "information to assist the forum". Good grief, the original poster wrote an epic. LOL

You have yet to reference a single law or precedent and have, in fact, given incorrect advice as a matter of law. Attack you? I am not attacking you-(unlike you who finds my HAIR note worthy LMAO) ----I am clearly taking ISSUE with the WRONG advice you are giving, like telling the poster to contact the Department of Corrections to see if he has been appointed an attorney. You are providing legally inaccurate advice and if you do so, prepare to be corrected. You say I am negligent ( which, as it pertains to law is impossible since no attorney/ client/fiscal/legal relationship exists between anyone in this forum)--yet YOU are telling people to contact the DOC to see who their public defender is? LOL Elementary. Very basic. And you missed it.

You need "more information" to assist the poster? LOL you said you already HAD assisted the poster outside of this forum--seriously, dude, get it together.

You might need to "know more" to provide general legal information ( which is the purpose of this forum---not to address and provide situation specific "do this, do that" dictation), but thankfully I don't have to know more than what is posted to state what the posters rights are---because Section 1983 is CIVIL law on a federal level, and does not vary from state to state. Therefore the posters rights are the same as yours or mine would be.

If you knew what Section 1983 was, you wouldn't need more information to explain it for the benefit of the posters ( as I have done numerous times on this very forum). You could, even, post some dialogue regarding Monroe v. Pape 365 US 167 (1961). You do know about Monroe, don't you? Of course you do. (chuckle)

LISTEN AND LEARN, GRASSHOPPA.

In Monroe, the court articulated three reasons to justify Section 1983, the gist of all three being to provide on a Federal Level, a remedy for state violations of civil rights where the state laws, while in theory were adequate, were actually lacking in application.

This means that if a Plaintiff wishes to bring a prima facia case ( Constitutional tort ) against the government, he must prove:

1. That the official in question was acting under color of the law (i.e. within the scope of his or her duties as a state employee) and

2. Deprived of some constitutionally protected right.

This means that while Section 1983 does not confer (give, transfer)substantive (definable )rights, it allows a Plaintiff to bring a cause of action against the government in the event that the he is deprived of already established constitutional (legal, statutory) right. This narrows down to three basic types of claims, the first two dealing with due process---specifically violations of the substantive elements of the clause and violations that fall under the procedural element of the due process clause. (Note: specific components that fall under these two areas are detailed and complex) The third type of claim deals specifically with those items that related to the deprivation of some right afforded citizens via the Bill of Rights (and 14th Amendment).

In relation to the original posters question, the only possible cause of action under Section 1983 would be under the substantive element of the due process clause--since this area deals with violations of family, home, seizure, etc. BUT, the poster would have to prove that the officers were acting unreasonably--which, given the facts, would be hard to do, especially since contraband was found in the posters home.


So then, what exactly did you need to know before explaining all of that to our gentle readers in this forum? Was there something of LEGAL import that you wanted to add? (besides the color of my hair?--I am flattered you'd even notice LOL LOL )

No, I don't need a resume, but at least ONE legally and factually correct relevant answer would be nice.