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when the cop is the domestic problem

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what do i do if a police officer is having a domestic dispute with his wife at my house? my stepson's aunt is a family friend with noone local to go to. she is welcome at my home day or night. her husband is a local police officer with "issues". i recently moved into  the same small town as them and am finding myself in a bad spot. i know i have the right to keep him out of my house without a warrant, but what if he ignores that and trys to come in anyway?? he has no issue with using his badge as leverage, and i have no issue with telling him he is out of his athority in this. i can forsee this getting bad. what are my options?

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She can a file a report at the police dept and attempt to get  a protective order at the court.


Hello my name is Inigo Montoya, you killed my father, prepare to die.

"It's not a constitutional violation for a police officer to be a jerk." Supreme Court Justice Anthony Kennedy -December 4, 2000

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I personally if she gets the restraing order your family friend would make sure she has it on her at all times no matter.  Always carry that copy with her in her purse.  If by chance she doesn't get it, I would then go to the crisis intervention and ask for their help.  Here's the PDF file on what they can do for the both of you http://www.trynova.org/victiminfo/readings/CrisisIntervention.pdf .  I also would get an attorney and keep sake everything like a written journal of all instances this will help aid in your efforts.  From that point on it would be up to you and your attorney's should any further instances occur.

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she is still with the guy, they just fight alot. i'm just trying to cover my bases for if he showes up at my place and she is there. i don't want to get in the middle of these two but i won't have someone under my protection hurrased or worse in my home. i'm sure he will try to use his badge as an excuse to get to her. what are my options if there is no restraining order. i can forsee this guy showing up and trying to bully his way in without a warant. i'm not letting him in so what do i do if he trys coming in anyway?

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Get yourself out of the situation.Have her take out her own order. If she fails to do so then there isn't much that the police can do except to try and put together the pieces later. She needs to act on her own accord in the legal way.


You can't cure stupid.

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i can't refuse to let her in, and she's not to the point of an order of protection. the situation hasn't gotten that bad yet. i'm the type of guy that hopes for the best but prepares for the worst. i just want to know what the law is on an officer abusing his badge in his own demestic dispute.

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fatdave says ...



what do i do if a police officer is having a domestic dispute with his wife at my house? my stepson's aunt is a family friend with noone local to go to. she is welcome at my home day or night. her husband is a local police officer with "issues". i recently moved into  the same small town as them and am finding myself in a bad spot. i know i have the right to keep him out of my house without a warrant, but what if he ignores that and trys to come in anyway?? he has no issue with using his badge as leverage, and i have no issue with telling him he is out of his athority in this. i can forsee this getting bad. what are my options?



This is a no-brainer.... Please call 911 and let the guys (girls) deal with it... Please don't confront him. Let the guys on the job deal with it. Make sure you have all the info they will need to make a lawful decision... (and perhaps even arrest) if the case call for, given the actual situation.

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My advice is that you keep a "journal" of everything that happens ...   that you actually witness.  Also everything that SHE personally tells you about.  Be sure to separate the two as one is fact the other probably hearsay (rumor).   SHE NEEDS TO GET AN ATTORNEY - THIS WILL GET UGLY!    You should probably talk to one yourself.   I worked in my depts domestic violence unit for about eight years.  My dept has a large internal affairs division and they handled all the officer stuff - they also have the command authority to relieve officers of duty, etc.  


Make reports about everything that happens if you can.  You may end up in this guys supervisor's office.  I doubt he is going to listen to his Sgt. 

Evil_max50

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Some how I am getting the impression someone is seeking an answer that he can use force and exactly how much force he can use.


You have the rest of your life to solve the problem, how long your life lasts depends on how well you do it. -Clint Smith

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Scurge says ...



Some how I am getting the impression someone is seeking an answer that he can use force and exactly how much force he can use.



Hmmm, I may have to agree.  The best advise is have 911 on speed dial.


Hello my name is Inigo Montoya, you killed my father, prepare to die.

"It's not a constitutional violation for a police officer to be a jerk." Supreme Court Justice Anthony Kennedy -December 4, 2000

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the chief of police in this town is his dad. i think going to him in this case will be counter productive. he already got special privliges when he got a dui about a year ago, they had someone drive him around. do i try to get the county sheriffs office involved?  not sure who i should go to.

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Give her an ultimatum. Get rid of him, or stay out of my house. Cops carry guns. His badge will not be what he uses for leverage, and when people start throwing bullets they don't care who they hit. Would you rather feel bad because your step-sons aunt was killed, or feel worse because your step-sons aunt, your wife, and you step-son all got killed because you didn't have ther balls to step up and protect your family? You want honesty. There ya go. That's what I got.

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If the Chief is not an option then yes the SO or State would be the next step.  I suggest bringing evidence and be prepared to define stuff like 'fight.'   If all him and his wife are doing is arguing then you are getting worked up for no reason. 


I know there is way more to this and there is probably no innocent person in the matter.  She's not telling you everything, you aren't telling us.  It a natural when seeking allies


You have the rest of your life to solve the problem, how long your life lasts depends on how well you do it. -Clint Smith

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Debra_1_max50

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I gave you the PDF file, it's used to help individuals what you do with it is up to the both of you.  If she's going to continue to play the victim with you and you allow it there's nothing more that can be done because you keep opening your door to it and it seems she doesn't share in those same concerns.  I don't intend to sound hateful it's just something that needs to be said.  I'd rather see you both doing something about it if it is fact a real fear than making excuses and revisiting the same institution you both compell yourselves to.  You are not doomed by any means. And just a recap..."preparing for the worst" that's one thing but the officer in question hasn't actually gone to your house and used his badge without a warrant so try not to presume the worst. 

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fatdave says ...



i can't refuse to let her in, and she's not to the point of an order of protection. the situation hasn't gotten that bad yet. i'm the type of guy that hopes for the best but prepares for the worst. i just want to know what the law is on an officer abusing his badge in his own demestic dispute.



Officers are accountable for fallowing the law like any other citizen. Fallow the same protocol as you would with anyone else in a similar situation. JMO.

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fatdave says ...



the chief of police in this town is his dad. i think going to him in this case will be counter productive. he already got special privliges when he got a dui about a year ago, they had someone drive him around. do i try to get the county sheriffs office involved?  not sure who i should go to.



I would find the number for the S/O (dispatch if availablea) and put it in speed dial, request a deputy to respond the next time you have a problem if you feel that there would be no help from the PD.  Explain that a Police Officer is involved and that is why you re requesting them.   S/O would have jurisdiction and may have experiences problems with the local PD before and so may be willing to get involved.  It is not unusual for there to be no love lost between small town PD's and the local S/O's.

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You cannot beat audio or video evidence. Set it up at your house. Consult with the state patrol/police. Carry a pocket recorder in your vehicle in case he stops you while he is on duty. You can assit yourself in this matter. Call the police whenever he shows up and do not allow him access to your home. Keep the tape rolling. Some good advice from others on this forum.

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i think i'll contact a SO deputy i've been pulled over by a couple of times for my " modified" geo tracker. he seemed like a good guy. see if i can get him to get me the dispatch number.  atleast that way i can contact them without getting the local cops involved. i can and will defend my family if i need to but i'd rather not have to go there if i can avoid it. i don't think she will ever do an order of protection and i will never refuse her, she's family. i think the threat of being escorted off by a sherrif may be my best deterent.

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chiefdennis says ...



You cannot beat audio or video evidence. Set it up at your house. Consult with the state patrol/police. Carry a pocket recorder in your vehicle in case he stops you while he is on duty. You can assit yourself in this matter. Call the police whenever he shows up and do not allow him access to your home. Keep the tape rolling. Some good advice from others on this forum.



Before you do this make sure it is legal in your area.  Here it is not legal to audible record without the consent of all parties being recorded.  You don't get introuble for it here it just doesn't do you any good.


You have the rest of your life to solve the problem, how long your life lasts depends on how well you do it. -Clint Smith

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This is a serious problem that needs to be addressed.  Oddly enough, it was one of the topics that was brought up at our last tri-mester training with the Sheriff's Department.  You have been given direction and advise...... ALL OF IT GOOD.  If these actions have given you cause to be concerned and you have given her permission to seek refuge inside of your home, you need to do what has been shared with you by others on this thread.  I suggest that you sit down and watch the following link and then have her also sit down and watch.  Failure to do so and believing that this guy is just full of hot air may very well result in you, your family members and your friend ending up in a similar photo. 


http://www.lanejudson.com/OFFICER_INVOLVED_FATALITIES.htm

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Scurge says ...



chiefdennis says ...



You cannot beat audio or video evidence. Set it up at your house. Consult with the state patrol/police. Carry a pocket recorder in your vehicle in case he stops you while he is on duty. You can assit yourself in this matter. Call the police whenever he shows up and do not allow him access to your home. Keep the tape rolling. Some good advice from others on this forum.



Before you do this make sure it is legal in your area.  Here it is not legal to audible record without the consent of all parties being recorded.  You don't get introuble for it here it just doesn't do you any good.



I have spoken to an attorney about something similar. and from what he has told me anyone can record anything as long as the person doing the recording is in the room or does not set something up knowing they will not be in the room. if it left by accident diff story but on purpose well that could be bad.. IE if you have a voice recorder and leave it on and leave the room then you could get into trouble but if its in your pocket and you know its on. then you are fine.. as long as one person knows about it.....


 video is the same, just look at all the youtube videos where no one knew about it.... all legal... but  he did say that an attorney can not record with out the permission of everyone in the room but a private citizen can so can a Police officer. (I carry one on duty as our department does not have in car cameras)


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jdob02 says ...



Scurge says ...



chiefdennis says ...



You cannot beat audio or video evidence. Set it up at your house. Consult with the state patrol/police. Carry a pocket recorder in your vehicle in case he stops you while he is on duty. You can assit yourself in this matter. Call the police whenever he shows up and do not allow him access to your home. Keep the tape rolling. Some good advice from others on this forum.



Before you do this make sure it is legal in your area.  Here it is not legal to audible record without the consent of all parties being recorded.  You don't get introuble for it here it just doesn't do you any good.



I have spoken to an attorney about something similar. and from what he has told me anyone can record anything as long as the person doing the recording is in the room or does not set something up knowing they will not be in the room. if it left by accident diff story but on purpose well that could be bad.. IE if you have a voice recorder and leave it on and leave the room then you could get into trouble but if its in your pocket and you know its on. then you are fine.. as long as one person knows about it.....


 video is the same, just look at all the youtube videos where no one knew about it.... all legal... but  he did say that an attorney can not record with out the permission of everyone in the room but a private citizen can so can a Police officer. (I carry one on duty as our department does not have in car cameras)



Different laws in different states. And we're talking about being admissable in Court, not putting it on youtube.

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Bump fplasencia.. Had to deal with it twice last week. Cops have a way of defusing situations when other officers are present.

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BSL1123 says ...



jdob02 says ...



Scurge says ...



chiefdennis says ...



You cannot beat audio or video evidence. Set it up at your house. Consult with the state patrol/police. Carry a pocket recorder in your vehicle in case he stops you while he is on duty. You can assit yourself in this matter. Call the police whenever he shows up and do not allow him access to your home. Keep the tape rolling. Some good advice from others on this forum.



Before you do this make sure it is legal in your area.  Here it is not legal to audible record without the consent of all parties being recorded.  You don't get introuble for it here it just doesn't do you any good.



I have spoken to an attorney about something similar. and from what he has told me anyone can record anything as long as the person doing the recording is in the room or does not set something up knowing they will not be in the room. if it left by accident diff story but on purpose well that could be bad.. IE if you have a voice recorder and leave it on and leave the room then you could get into trouble but if its in your pocket and you know its on. then you are fine.. as long as one person knows about it.....


 video is the same, just look at all the youtube videos where no one knew about it.... all legal... but  he did say that an attorney can not record with out the permission of everyone in the room but a private citizen can so can a Police officer. (I carry one on duty as our department does not have in car cameras)



Different laws in different states. And we're talking about being admissable in Court, not putting it on youtube.



No i am talking about federal law... and we talked about crossing state lines more than just two states FYI.(not going to go into the case we where talking about but i was personally involved, and it was not during official business) and i asked that question. there is case law from the US Supreme court that says it is lawful in all 50 states, again as long as one person knows it is being recorded (audio) and the recorder is not left in a room unattened.


basicly if its in your pocket and you know its on.. then no law is broken in any state. if you leave one in room and leave it on. and walk out wanting to know what two diff people said... ILLAGAL by fedal law and looking at Civil rights viol but again if its in your pocket and you know its on... it can (and in many many many case) be used in court....I only brought up youtube cas that is the example he used...


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jdob02 says ...



Scurge says ...



chiefdennis says ...



You cannot beat audio or video evidence. Set it up at your house. Consult with the state patrol/police. Carry a pocket recorder in your vehicle in case he stops you while he is on duty. You can assit yourself in this matter. Call the police whenever he shows up and do not allow him access to your home. Keep the tape rolling. Some good advice from others on this forum.



Before you do this make sure it is legal in your area.  Here it is not legal to audible record without the consent of all parties being recorded.  You don't get introuble for it here it just doesn't do you any good.



I have spoken to an attorney about something similar. and from what he has told me anyone can record anything as long as the person doing the recording is in the room or does not set something up knowing they will not be in the room. if it left by accident diff story but on purpose well that could be bad.. IE if you have a voice recorder and leave it on and leave the room then you could get into trouble but if its in your pocket and you know its on. then you are fine.. as long as one person knows about it.....


 video is the same, just look at all the youtube videos where no one knew about it.... all legal... but  he did say that an attorney can not record with out the permission of everyone in the room but a private citizen can so can a Police officer. (I carry one on duty as our department does not have in car cameras)



Negative this state is a 'two party consent' state.  Rumor has it some politician(s) got caught doing something they should not have been doing and got it into law all parties that are being audibly recorded must consent.  Apparently rather than changing behavior they made it harder to get evidence of their misdeeds.  Could be we're the only ones BUT should check to be sure.


When we use recorders that will record audio we must advise everyone that they are being recorded.  Continuing to speak is implied consent.


Just because its permitted federally does not mean a state cannot make it more restrictive


You have the rest of your life to solve the problem, how long your life lasts depends on how well you do it. -Clint Smith

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Scurge says ...



jdob02 says ...



Scurge says ...



chiefdennis says ...



You cannot beat audio or video evidence. Set it up at your house. Consult with the state patrol/police. Carry a pocket recorder in your vehicle in case he stops you while he is on duty. You can assit yourself in this matter. Call the police whenever he shows up and do not allow him access to your home. Keep the tape rolling. Some good advice from others on this forum.



Before you do this make sure it is legal in your area.  Here it is not legal to audible record without the consent of all parties being recorded.  You don't get introuble for it here it just doesn't do you any good.



I have spoken to an attorney about something similar. and from what he has told me anyone can record anything as long as the person doing the recording is in the room or does not set something up knowing they will not be in the room. if it left by accident diff story but on purpose well that could be bad.. IE if you have a voice recorder and leave it on and leave the room then you could get into trouble but if its in your pocket and you know its on. then you are fine.. as long as one person knows about it.....


 video is the same, just look at all the youtube videos where no one knew about it.... all legal... but  he did say that an attorney can not record with out the permission of everyone in the room but a private citizen can so can a Police officer. (I carry one on duty as our department does not have in car cameras)



Negative this state is a 'two party consent' state.  Rumor has it some politician(s) got caught doing something they should not have been doing and got it into law all parties that are being audibly recorded must consent.  Apparently rather than changing behavior they made it harder to get evidence of their misdeeds.  Could be we're the only ones BUT should check to be sure.


When we use recorders that will record audio we must advise everyone that they are being recorded.  Continuing to speak is implied consent.


Just because its permitted federally does not mean a state cannot make it more restrictive



Negative X 2. State of South Carolina States that an Officer who stops a driver, if he has audio and visual recording devices in his car, must inform the driver that he is being Visually and audibly recorded before he does anything. NC is also awaiting legislation on this matter.

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Besides under the circumstance as it relates to this thread it don't matter the US Supreme Court says they can since it won't be going to a federal court for a violation of federal law. 


You have the rest of your life to solve the problem, how long your life lasts depends on how well you do it. -Clint Smith

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Missouri is legal as well. ONLY 1 person has to be aware that the conversation is being recorded even if that person is the one doing the recording.


http://www.fowlergaragedoorservice.com

White_shirt_max50

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You that corrected me on my suggestion of audio/video are correct as it varies from state to state. It is legal in my state. I always used a pocket recorder which is a different situation. I had a minor lapse in judgement and thank you.

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when  a private citizen is talking to someone they can record what is said as long as they are in once doing the recording.. i do not know the case name but that is what the courts said.... as for LEOs and there records. yes i admit i do not know... but off duty you are a private citizen.


the case i was talking about was one of a private citizen that recorded her ex on the phone and in person. the courts at first did not allow her to  use them in court against her ex but it was taken all the was up and the courts said that the ex had did not have a reasonable expeation to privacy as anything he said to her was not protected. so it would apply and she was then allowed to use the recording. in court.


so in this case the private citizen is allowed to make a recording of what is said.. now no case (that i am aware of) had been decided on about LEO's and recordings. and that may very state to state. but when the court rules somthing it does effect every state.


I am not reffering to store cameras and audio I am only talking about between to private citizens or even a priate citizen talking to a LEO. it is legal in all 50 states. two of the states that I was talked about have been talking about above. the officer may have to tell people but a private citizen does not.... now if someone says they do not want to be recorded then you cant (that applies even in my state MO) but if nothing is said it is legel.....


some of the rules that apply to leos on duty do not apply...


hell i will just say it. my uncles ex lives in south carolina and he live in wyoming. I have been with him in both states (and in MT once) and have record waht was said. this was cleard by my attoney before i did it. he is the one that told me it is legal in all 50 states. Now had i been acting as a LEO well then maybe the law would have applied diff but as a private citizen i was in the clear..


 


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