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Miranda... What should the resident's next course of action be?

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  • randalljd
    replied
    re: Miranda... What should the resident's next course of action be?

    See Miranda: http://www.worldlaw.eu/article/959

    Leave a comment:


  • Unregistered
    Guest started a topic Miranda... What should the resident's next course of action be?

    Miranda... What should the resident's next course of action be?

    City Police recently responded to a residence on a disturbance (loud music) call. The outter screen door of the residence was locked and resident's keys were hanging from the lock of the inner door. When the resident responded to the knocking, he noticed that three (3) officers responded. One officer was within a couple feet of the front door with his weapon unholstered and had taken a "ready" stance. When resident saw this he became irrate asking them if they were responding to such a call as they indicated, why they must they have their weapon drawn. Resident agreed a short time later to lower volume, he closed his inner door and went back inside. The three City officers left the immediate area. A couple minutes later the resident,upset with how the officers responded, went outside to see if they were still around. The resident noticed the City Officers about a half block away talking to another County Sheriff's Deputy. The resident feeling he had broken no laws, approached the group of officers. When he got to the officers, he indicated that he would like a ride down to the police station because he wanted to file a complaint against the officers for use of excessive force for the call and circumstances. At that point the County Sheriff Deputy said "sure, we'll give you a ride... because you're under arrest." Stunned, the resident immediately asked "for what?" The Deputy responded "Do you remember those calls you made earlier? Well, you're under arrest for Illegal Use of a Telephone." Deputy asked resident to turn around and he complied. The resident was never read his Miranda rights at any time from the handcuffing all the way to and thru completion of bond hearing and release the following day. The resident was taken to detention center, was refused opportunity to make phone call and also when requested, he was refused opportunity to talk to an attorney. Furthermore, the officers never reponded to his initial request to file a complaint against them and the department.

    What should the resident's next course of action be if he would like to file complaint and possible law suit against these individuals?

    Thank you.
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