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RE: Need advise from a cop... - 11/12/2009 1:12:04 AM
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michele_erin
Posts: 180
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This breaks my heart - as a mother also - -- I'm not an officer, but want to let you know I'll pray for your son. I'm so sorry.
I wish I had the answer. I'll ask my sis to ask her husband, and get back to you.
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RE: Need advise from a cop... - 11/12/2009 1:24:53 AM
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Mollymouser
Posts: 5191
Joined: 4/18/2005
From: california, land of the happy cows
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Police officers in California can search minors without parents present.
Police officers in California usually Mirandize suspects before formal questioning and in connection with an arrest or detention.
I've represented police officers and police departments in civil rights, excessive force, and wrongful death lawsuits for more than a decade, and worked with numerous expert witnesses. As a general premise, people in law enforcement would say that suspects usually run because they wish to avoid being caught, detained, or arrested.
What's really disturbing to me is that the neighbor thought that running, screaming, tackling, threatening and screaming were appropriate responses to a possible tresspassing on someone else's property.
_____________________________
  MARRIED TO A MILITARY PILOT  PLEASE PRAY FOR OUR TROOPS!
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RE: Need advise from a cop... - 11/12/2009 1:34:31 AM
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Zhi
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That's what hit me as well... you might consider discussing assault charges on the part of the neighbor with the police and/or a lawyer.
There's no excuse for tackling an unarmed minor and then kicking him when he's on the ground, regardless of what the neighbor thought he was doing.
_____________________________
The optimist says the glass is half full. The pessimist says the glass is half empty. The engineer says the glass is twice as large as it needs to be.
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RE: Need advise from a cop... - 11/12/2009 8:38:13 AM
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Kat_D
Posts: 1441
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From: Where We Shake, Rattle & Roll!
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I know you said he was a minor, but how old and how big is your son? Could he have been mistaken for an adult?
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~Kat
"...And God will wipe away every tear from their eyes...no more death, sorrow, nor crying."
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RE: Need advise from a cop... - 11/12/2009 9:06:05 AM
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Kat_D
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From: Where We Shake, Rattle & Roll!
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So, since they thought he was older than you said, it is likely the police mistook him for an adult and would have no way of knowing that he had PTSD and TBI. Maybe they mistook his behavior for drug use. It is sad, but these things happen when police are forced to make a quick determination about an incident. Most of the time they are right, but once in a while they are wrong, as in your case.
Like the other poster, I think the neighbor acted in a more unacceptable way than the police. He shouldn't have taken the law into his own hands.
_____________________________
~Kat
"...And God will wipe away every tear from their eyes...no more death, sorrow, nor crying."
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RE: Need advise from a cop... - 11/12/2009 9:07:37 AM
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onecoolmom
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He was raking and another neighbor had a problem with that attacked your son and the cops came? The cops did not have an issue with the neighbor attacking your son? Even if your son ran, it seems to me the cops would see a problem with an adult attacking a teen over raking even if he ran. The rake would still be laying there wouldn't it? Did the first neighbor know your son was going to be there raking for them?
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RE: Need advise from a cop... - 11/12/2009 9:20:35 AM
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GraceyGirl
Posts: 425
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I would be all over this adult who attacked your child. Forget the polic dept. In all seriousness, you aren't going to get very far with them b/c of the leniency given since they are responsible to "protect" the community. If your son is large enough to be mistaken as an adult, then while they might have used excessive force, they were well within their responsibility.
The neighbor is an altogether different matter however, and I'd nail his keister to the wall. Whether or not he thought your son was a trespasser, he did NOT have the right to confront him, even if your son had been an adult. That's called assult, and it took place after the neighbor himself TRESPESSED onto the yard to confront your boy. That's unexceptable. period. I would file charges against him for assualt.
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God called. He'd like His church back.
~John Wimber~
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RE: Need advise from a cop... - 11/12/2009 9:34:49 AM
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Kat_D
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Just had another thought...where is the owner of the house where your son was raking? If he asked your son to do some work for him, why can't he straighten this whole thing out with the police by just telling them that?
_____________________________
~Kat
"...And God will wipe away every tear from their eyes...no more death, sorrow, nor crying."
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RE: Need advise from a cop... - 11/12/2009 10:24:08 AM
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manda59
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From: Hampshire, UK
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quote:
ORIGINAL: Kat_D
Just had another thought...where is the owner of the house where your son was raking? If he asked your son to do some work for him, why can't he straighten this whole thing out with the police by just telling them that?
Yes I was wondering just that.
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"I really, really like this. Five stars!", Sideways March 2010
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RE: Need advise from a cop... - 11/14/2009 3:48:33 AM
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W.O.F.
Posts: 2035
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I would bring charges against the neighbor.
The cops were acting on information they had been given. Kid or not....your son was suspect. They had no way of knowing his issues, etc. While from where you stand, it seems excessive...from where they stand, had he been a different teenager, it very well could have saved their lives.....
However...the neighbor was flat out stupid and abusive. He attacked a kid with a rake and was abusive. That is assault on a minor. IF he was truly concerned...he would have just called the cops.
Bring charges up on him.
_____________________________
Live your life in such a way that when your feet hit the floor in the morning, Satan shudders and says, "Oh no, she's awake."
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RE: Need advise from a cop... - 11/14/2009 8:32:50 AM
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buckifn
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I would say forget all conversations with a cop and let your attorney handle the situation. Saying too much could really cause more problems for your son.
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RE: Need advise from a cop... - 11/14/2009 11:37:13 PM
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W.O.F.
Posts: 2035
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From: an ignoble beginning
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quote:
ORIGINAL: charity7
He was is the yard he was supposed to be in raking not in the neighbors yard--the cops were jerks no matter how you look at it--since when are you arrested and thrown in a cop aar for tresspassing?? Since trespassing is a criminal offense...meaning anyone can and usually is arrested and charged with trespassing when they are 'caught'. quote:
sould you not be ask why you are ther in a calm manner first? Not yanked up by the throat and yelled at first?
I am not saying the cops were completely right...but look at it from their view...they got a call that someone was trespassing...they arrive on scene..and what appears (however falsely) to be a violent fight has broken out between neighbor and 'trespasser'...keeping in mind that they don't KNOW he wasn't what he was reported to be.
Again..the problem is with the neighbor...and that is who you need to address charges against first...
Just look at it this way....would you really want the cops to calmly ask every potential perp what they are doing...before dealing with it? These people (cops) put their lives on the line every day...doesn't mean they don't cross the line...but we all need to step back and evaluate what we REALLY would have done in their exact shoes.....
_____________________________
Live your life in such a way that when your feet hit the floor in the morning, Satan shudders and says, "Oh no, she's awake."
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RE: Need advise from a cop... - 11/15/2009 4:40:19 AM
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michele_erin
Posts: 180
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quote:
quote:
ORIGINAL: charity7
He was is the yard he was supposed to be in raking not in the neighbors yard--the cops were jerks no matter how you look at it--since when are you arrested and thrown in a cop aar for tresspassing?? Since trespassing is a criminal offense...meaning anyone can and usually is arrested and charged with trespassing when they are 'caught'. quote:
sould you not be ask why you are ther in a calm manner first? Not yanked up by the throat and yelled at first?
I am not saying the cops were completely right...but look at it from their view...they got a call that someone was trespassing...they arrive on scene..and what appears (however falsely) to be a violent fight has broken out between neighbor and 'trespasser'...keeping in mind that they don't KNOW he wasn't what he was reported to be.
Again..the problem is with the neighbor...and that is who you need to address charges against first...
Just look at it this way....would you really want the cops to calmly ask every potential perp what they are doing...before dealing with it? These people (cops) put their lives on the line every day...doesn't mean they don't cross the line...but we all need to step back and evaluate what we REALLY would have done in their exact shoes.....
I agree here. I tend to side on the side of the police officers every time. I used to work for the public defender (the lawyers who defend those accused of crimes) -- and EVERY person ALWAYS said when they called from jail that they were framed, or that the cops had abused them, or that they had been set up, or something. It was the same call from every perp every time! After four years of working there, I knew. I also knew some of the police officers, and while I was working for the "other side" -- I knew the officers, and the kind of people they deal with day in and day out, and am thankful that they decide to take on that job. Its unfortunate that police officers these days get such a bad rap because of a few bad apples. Not all police officers are bad. They ARE here to protect, and I almost wonder if there is more to this story -- no offense, but something just is missing and doesn't sound right. Occasionally they do have to use force to get someone arrested, but I'd rather have them safe than sorry personally. They are out there putting their lives on the line to protect our community. There is more of us than there is of them. I don't wish that job on anyone, but for those that choose that career, good for you and THANK YOU FOR THE JOB YOU DO!
But yes, have your attorney be there with the officers while your son is questioned.
A question I had was why was your son raking the neighbors leaves without telling them that he'd decided to do it? I mean, it really is a nice gesture, but these days people do things that appear kind on the surface only to case out places, etc. I mean no disrespect here when I say this, but does your son have a criminal history? Why would the neighbor assume the worst of your son if he is a neighborhood kid? I mean, if our neighbor came over and did that, I would think that was sweet, but I know our neighbor and he's a sweet kid. Now, if a kid that I knew was a hoodlum in the neighborhood did the same thing, I think I might be suspicious. My thoughts too were if your son had good intentions while raking the leaves, then why did he run? I mean if the guy hollared "hey what are you doing?" loudly, maybe he was trying to get your son's attention? Then when your son takes off, yah, that does look suspicious. If he was there to do a good deed, why run off? I don't know, just some thoughts I had after I'd read the post.
I talked to a police officer who's been in law enforcement for many years, and he responded to me "My first thought is that there is way more to that story. Way more. Rights are not needed, only criminal rule 3.1 advisements, which is only that you have a right to counsel. Miranda is only following physical custody and interrogation. The searching thing is not an issue. Police can search anyone that they arrest."
I wish you the best and hope that this is really all just a misunderstanding, and that this works out. Many blessings to you.
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RE: Need advise from a cop... - 11/15/2009 11:08:22 AM
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manda59
Posts: 8757
Joined: 9/22/2005
From: Hampshire, UK
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quote:
ORIGINAL: michele_erin
A question I had was why was your son raking the neighbors leaves without telling them that he'd decided to do it?
Michele-Erin,
Where have you got this from? I can't see it anywhere in any of the OP's posts.
_____________________________
"I really, really like this. Five stars!", Sideways March 2010
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