I was handcuffed on my porch due to officer mistake.

Andyc3020

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Sep 11, 2012
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I was just handcuffed on my front porch by my local PD because they came to the wrong house.

I was sitting on my couch reading.(George Orwell's 1984 . of all things)The officer came to the door and told me he was going to come inside and look around because they got a 911 hang up call from inside my house. I told them they were not going to come into my house. I said "I do not have a house phone, so that is impossible; I am here alone." The office told me he was in fact going to come inside my house to which I told him he wasn't entering my home without a search warrant. He then put me in handcuffs and said he did not need a search warrant. I said I was going to relax and there was no reason to put me in handcuffs. He said that he believed he did need to put me in handcuffs. He said I was not under arrest, but was being detained while he searched my pockets. He said he was going inside and if anyone was in the house, I was going to jail for obstruction. I asked him if he knew the 4th amendment to the United States constitution and he did not answer. Again, I repeated that I do not have a house phone and I was the only one home. He asked me if this address was 1410 _____ Trl. I said "yes it is". That is when the female officer that was with him asked "This is 1410, because the call was from 1430?". I said that 1430 is next door and they had the wrong house. I said "how do you feel now officer?" to which he replied "well if you weren't so hostile, I wouldn't have put you in handcuffs." I told him he just needed to apologize and leave.

I went inside and called the city to make a complaint. I talked to his supervisor, and a few minutes later he came back to apologize. He tried to justify his actions... after a few minutes of talking he apologized and left.

his excuses were "we have to be careful, we never know why we get a 911 hang up call" I asked him if he was being so careful, why he went to the wrong house. He said it was because I didn't have numbers on both sides of my mailbox...

Can you imagine the audacity he must have to accuse me of being hostile? I was sitting on my couch reading, he knocked on my door and put me in handcuffs, and I'm the hostile one??

What should I do?
 
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File a formal complaint. Don't wait.

This needs to go on the department's record. Don't let them off the hook.

You should also check on taking legal action, but most jurisdictions have their asses covered - it probably won't go anywhere since you can't show damages.

You have every right to be hostile to someone demanding to go inside your house without a warrant or justifiable cause. If you did not become violent, his excuse is no excuse.
 
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What should I do?

I agree with CaptUSA. File a formal complaint, and be very thorough and specific. In fact, you might start writing things down now before you lose specifics. Make sure to get a reference number after you file, and you might try verifying at a later date that the complaint doesn't vanish. KEEP COPIES.

"Hostile"... what an ass.
 
I was not violent. I was simply standing there explaining to him that I did not consent to a search, and he was not going to enter my house without a warrant. I'll wonder fi I can file a formal complaint tomorrow since it's thanksgiving.
 
I agree with CaptUSA. File a formal complaint, and be very thorough and specific. In fact, you might start writing things down now before you lose specifics. Make sure to get a reference number after you file, and you might try verifying at a later date that the complaint doesn't vanish. KEEP COPIES.

"Hostile"... what an ass.
I already wrote down what happened so I wouldn't forget any details. His comment "If you weren't so hostile I wouldn't have put you in handcuffs"... i mean come on. I'm sitting on my couch minding my own business, reading a book, when you come twist my arm to handcuff me.... Someone get this guy a dictionary. Is asserting my rights a hostile action? NO! i'm pissed
 
I'm sure whoever receives the complaints will be off tomorrow... I'll give it a shot anyway. if not, i'll go on Friday.

I just can't stand him trying to justify violating my natural and constitutional rights. I'm glad I got an apology though, at least that is an admission of guilt... by their rules anyway.
 
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I'm sure whoever receives the complaints will be off tomorrow... I'll give it a shot anyway. if not, i'll go on Friday.

I just can't stand him trying to justify violating my natural and constitutional rights. I'm glad I got an apology though, at least that is an admission of guilt... by their rules anyway.

Call a lawyer. Your rights were violated.
 
I'm sure whoever receives the complaints will be off tomorrow... I'll give it a shot anyway. if not, i'll go on Friday.

I just can't stand him trying to justify violating my natural and constitutional rights. I'm glad I got an apology though, at least that is an admission of guilt... by their rules anyway.
Ok, when you craft your complaint, be careful about making it personal. You want to get across that you are displeased with your tax money being spent on people who don't know the law and abuse their position of authority. While your incident ended without further complication, the actions of this officer demonstrate a lack of training that could cause serious harm to the public.

You see? the problem is not between YOU and THIS guy. Your problem is that the department would allow such a circumstance to exist.
 
10-4 that makes sense.

I wonder what would have happened if I never answered the door. If they forced their way in, I could have been shot. My gun is usually on my side or within arms reach and I would have pulled it if my door was knocked in. I didn't have it on my hip at the time, but it was on the coffee table next to where I was sitting. I could have been one of those stories.

anyway, i'll keep it impersonal if that's what you think I should do. I'm curious why though.
 
IMO, just get over it. I'm glad you are OK and did not have a dog handy for them to shoot at and/or kill!

Other than their huge, potentially fatal "wrong address" error, it sounds like they acted appropriately.
They do need to be more careful, go ahead and complain about that,
but I don't see any 4th amendment / federal government issue here.

A wrong address error could even be made by the phone company (in their 911 database) or the VoIP or cellphone user's careless entry of a wrong address. In that case, what would you want the local police to do in the case of a legit 911 panic call that happened to show up as originating from YOUR address?
Suppose a 911 call had come from that "dead giveaway" kidnapper's home and the kidnapper calmly answered the door, offered to share some ribs with the nice officers, and then politely told the police go F'off 'cause they juz has dah wrong address and/or needed papers (a search warrant)... http://www.youtube.com/watch?v=nZcRU0Op5P4
 
It comes across more professional that way. Not that that should matter, but it does. Complaints from "upstanding" citizens are given more credence. You're looking for a law student tone, not Judge Judy.
 
IMO, just get over it. I'm glad you are OK and did not have a dog handy for them to shoot at and/or kill!

Other than their huge, potentially fatal "wrong address" error, it sounds like they acted appropriately.
They do need to be more careful, go ahead and complain about that,
but I don't see any 4th amendment / federal government issue here.

A wrong address error could even be made by the phone company (in their 911 database) or the VoIP or cellphone user's careless entry of a wrong address. In that case, what would you want the local police to do in the case of a legit 911 panic call that happened to show up as originating from YOUR address?
Suppose a 911 call had come from that "dead giveaway" kidnapper's home and the kidnapper calmly answered the door, offered to share some ribs with the nice officers, and then politely told the police go F'off 'cause they juz has dah wrong address and/or needed papers (a search warrant)... http://www.youtube.com/watch?v=nZcRU0Op5P4
??? Did you just justify this?
 
IMO, just get over it. I'm glad you are OK and did not have a dog handy for them to shoot at and/or kill!

Other than their huge, potentially fatal "wrong address" error, it sounds like they acted appropriately.
They do need to be more careful, go ahead and complain about that,
but I don't see any 4th amendment / federal government issue here.

A wrong address error could even be made by the phone company (in their 911 database) or the VoIP or cellphone user's careless entry of a wrong address. In that case, what would you want the local police to do in the case of a legit 911 panic call that happened to show up as originating from YOUR address?
Suppose a 911 call had come from that "dead giveaway" kidnapper's home and the kidnapper calmly answered the door, offered to share some ribs with the nice officers, and then politely told the police go F'off 'cause they juz has dah wrong address and/or needed papers (a search warrant)... http://www.youtube.com/watch?v=nZcRU0Op5P4
There's not really room for error in this kind of thing. The OP could've wound up another story on Will Grigg's blog or just an anonymous statistic. :(
 
The problem I have is that he put me in handcuffs, searched me and was about to go into my home without a warrant, or consent. I was not being aggressive or violent. I may not have been friendly, but there is really no nice way to say "you are not allowed in my house". There was no evidence that any crime had been committed. The only thing that gave him any suspicion was that someone had apparently called 911 from inside my house. He never even asked me if I called 911 myself.

I understand there are situations where police have the authority (whether I like it or not) to enter a house to keep people safe or to prevent the destruction of evidence. In these cases, they should be 100% certain they are at the correct location.


It turned out that my neighbor had someone back into her fence and she called and hung up.
 
They admitted that they thought they were at a different address when they said it was because I didn't have numbers on one side of my mailbox.
 
The problem I have is that he put me in handcuffs, searched me and was about to go into my home without a warrant, or consent. I was not being aggressive or violent. I may not have been friendly, but there is really no nice way to say "you are not allowed in my house". There was no evidence that any crime had been committed. The only thing that gave him any suspicion was that someone had apparently called 911 from inside my house. He never even asked me if I called 911 myself.

I understand there are situations where police have the authority (whether I like it or not) to enter a house to keep people safe or to prevent the destruction of evidence. In these cases, they should be 100% certain they are at the correct location.


It turned out that my neighbor had someone back into her fence and she called and hung up.
Seriously. If this type of action is allowed to stand unopposed, then what's to stop them from saying that anytime they want to search any premise!!! And if you oppose, it gives them the right to use force?? I can't believe someone actually tried to defend this in here.
 
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