filing a complaint...

[numbaonestunna]

So I read this post...

so i was just crusing and i see a bunch of people pulled over probaly for racing and they see my cobra and pull me over to see what me and my friends are doing down here about 10 miles from where we live. we tell him we are going to sonics and i am really polite yes sir after every question he writes me up for no front plates but he said he was letting me go for the tint since i was so polite. So at 3am taking my friend home after shooting some pool i get pulled over for nothing going 34-36 in a 35 minding my own business. they think i have been drinking since my eyes were "glossy" told them i had been up since 8 made me get out of my car search me and my car. they were totaly as*holes they were flashing their lights in my friends neighbor window and my friend politly ask him if he could turn them off because little kids sleep there and hes all i dont ****ing care. so they search my car find nothing ask me stupid questions like how much have i had to drink? make me blow in their hand they dont smell anything and he goes get the **** out of here.then he makes a u turn and has to bring me my license back and i just say have a nice night officer and he gives me a pissed off look they looked like rookies i know alot of the cops by my house and have never seen them before some cops are cool and some are di*ks


...and saw there was no legitimate question for the LEOs. So I have one. How do you file a complaint against an LEO when you have been treated poorly? In your professional opinion, was the poster treated poorly, or is the standard method of conducting business? Does the poster have a legitimate complaint, or is this simply the way we should be expected to be treated by LEOs?

 

[Tomjh99]

Are you familiar with the ACLU ? I don't personally agree with some of their legal perspectives but they will prob be the most helpful. I think you can only file a complaint on an officer with their superior officer. And you know how that is, they are most likely not believe your side. Contact your local ACLU chapter, if anyone will give you advice, they will.

 

[Floridalawdog]

It is very easy to file a complaint. You go to the station and fill out a form. However, there are 2 sides to every story, and in my professional opinion, I dont believe things really went down to this extreme. That is my professional opinion. I wasnt there, I know, but I dont know anyone who acts this silly or childish as the original poster made it out.

 

[Lawman85]

I agree with Floridalawdog. I have been on the scene of some really messed up stuff and have worked with a couple of morons, but I have never seen an officer conduct himself in that manner. All complaints filed at my department are written up and taken seriously. That is, if the complainant is willing to come in and write everything down and sign it. "Phone complaints" are taken nearly as seriously because it is usually someone that just wants to bitch about us.

 

[FordSVTFan]

...and saw there was no legitimate question for the LEOs. So I have one. How do you file a complaint against an LEO when you have been treated poorly? In your professional opinion, was the poster treated poorly, or is the standard method of conducting business? Does the poster have a legitimate complaint, or is this simply the way we should be expected to be treated by LEOs?

As stated above, you go to the station and report it. They will usually have a form for you to fill out. Then that will be investigated by internal affairs.

There is no way to tell whether the original poster was treated fairly or not. I have witnessed various incidents and when questioning the people involved their stories were never 100% accurate and always slanted toward themselves. The witnesses, if unbaised, usually gave the most accurate account.

The only to say is that if he felt mistreated, he should file a complaint.

 

[Lawfficer]

..... they think i have been drinking since my eyes were "glossy" told them i had been up since 8 made me get out of my car search me and my car.

Did they truely search your car, or did they just do a quick run through for weapons a/k/a a frisk? If they did SEARCH your car, you have grounds for a complaint, and even a law suit. In my area the Asistant District Attorney called it a boot strap search. We can not go fishing like this and then let the person go. There is only 3 times and officer can SEARCH a person's car, 1.)Consent 2.)Warrant 3.)Incident to an arrest.

If you are searching, you need to arrest the person as you should already have one of the 3 above. You can't pull someone over for OWI, search the car looking for dope or trying to hit the jackpot, and then let them go. If you searched, you need one of the 3, or you should not have searched.

EXAMPLE: We had an officer in our department that was very good about following this rule. I saw him assist another officer on an owi stop once and he was just like a K9. He kept walking around the car, looking in but not entering, trying to see something. Then when the other officer, hooked the guy up, he was in the car SEARCHING. Found dope and a few pipes....

 

[mswaim]

Over the years I conducted more than my fair share of internal affair investigations, most of them originated as citizen complaints concerning an officers alleged misconduct. One thing I can tell you is that these issues are not glossed over like many would like to believe. If an allegation is sustained, the officer will be subjected to progressive disciplinary action, based on his conduct and prior disciplinary history. You can end up with counseling letters in your file that can hinder your chances to promote, you an end up with reprimand letters that can lead to days off without pay, if the conduct is bad enough you can lose a job - and a career.

On the other hand, many of the investigations are the product of false allegations, however the officer has little recourse in such situations. In some states the officer can sue the person who files the false claim, however it's hardly worth it.

 

[ka3ak]

So if I get pulled over for, lets say, speeding, does the officer have the right to go through my locked glove compartment? My trunk? Any boxes in my trunk? A closed backpack in the back seat of my car? What if I'm drunk? I usually carry a pocket knife in the glove box, but it's always locked, is that something I should think about leaving at home? Replies are appreciated.

 

[longfellow]

no they did ask to search my car knowing i had nothing in there i said go ahead...i really like cops i just think that he thought we were drunk 3am 2 19 year olds driving. the thing is i asked why i got pulled over and they didnt give me an answer i was going the speed limit not swerving or anything. Maybe he was just having a bad day and felt like being an a*shole to us. The thing is they found nothing in my car couldnt smell alcohol and they were still asking me how much have i had to drink and i was getting irritated didnt say anything about it. he then ask what were you guys doing out this late and were we all we were at this girls house talking to her and hes you mean drinking with her and im all no talking. that when he asked if i would mind blowing in his hand and i did that when he looked kind of pissed and let us go.

 

[Lawfficer]

So if I get pulled over for, lets say, speeding, does the officer have the right to go through my locked glove compartment?

Yes and No. Depends on your actions. If it looks like you just locked it, or are reaching into when stopped, yes. Officer safety as it is with reach, grasp, or lunge area of the driver.

My trunk?

No. Unless consent is given, the trunk is not within the above mentioned grasp, reach, or lunge area of the occupants(read:Hatchback's are different) and therefore the officer safety expection does not apply.

Any boxes in my trunk?

Yes. If the officer has a vaild reason to search the trunk, all contents therein are fair game. Unless upon consent search, the subjects limits this.

A closed backpack in the back seat of my car?

Yes. Just because it is closed, dosen't mean you can't open it. Officer safety. But again, it all depends on your actions.

What if I'm drunk?

You're going to jail allowing a search incident to an arrest. It's all fair game, with exception to th trunk. You would have to wait for inventory, depending on a few factors.

I usually carry a pocket knife in the glove box, but it's always locked, is that something I should think about leaving at home? Replies are appreciated.

Most police officer will not worry about pocket knives unless you have a machette or other unreasonable blade. Most knives, with the blade palm width are no big deal unless you have it on your person, and are trying to conceal it or have it concealed. But check with your local PD if you want the exact rules.

 

[ka3ak]

Thanks for the reply, Lawfficer. I always believed that a LEO didn't have the right to search my trunk unless consent was given, however someone recently told me that due to the Patriot Act, an officer can do whatever he and/or she pleases. I guess not... which is a good thing in terms of privacy.

 

[FordSVTFan]

So if I get pulled over for, lets say, speeding, does the officer have the right to go through my locked glove compartment? My trunk? Any boxes in my trunk? A closed backpack in the back seat of my car? What if I'm drunk? I usually carry a pocket knife in the glove box, but it's always locked, is that something I should think about leaving at home? Replies are appreciated.

If you are ginked for speeding unless you consent, have a valid warrant or are arrested typically there will be no search of vehicle. Typically if something is wrong the officer will call a K9 for a sniff that if positive will give P.C. to search.

If you are drunk, you will be arrested and you and your vehicle are subject to search incident to arrest, perfectly legal.

Also beware of where you drive. Entering certain areas owned by the city, state or Federal govt is consider consent to search your vehicle. For instance, a port of entry, if you enter you are subject to search by locals, state or federal officers. So just be aware of where you are.

 

[FordSVTFan]

Thanks for the reply, Lawfficer. I always believed that a LEO didn't have the right to search my trunk unless consent was given, however someone recently told me that due to the Patriot Act, an officer can do whatever he and/or she pleases. I guess not... which is a good thing in terms of privacy.

The Patriot Act is a different story. If you include title 8, title 19 and the P.A., a Federal Officer can perform a non warranted search of your vehicle in many different circumstances with only reasonable suspicion, not even probable cause nor a warrant or arrest.

 

[sbro712]

To make complaint just go to the PD and ask to speak to either IA or a supervisor. I am sure the person recieving the complaint will be very happy to review the incar video of the incident.....which caught your actions/words along with the officer's.

It's pretty sad to see how many complaints are withdrawn once the person realizes that there is a video/audio recording of the incident that shows what REALLY happened. A Lt. I work with was in IA for a couple of years and she told me that the incar video shows that 99% of the time our officers have done nothing wrong.

 

[Floridalawdog]

To make complaint just go to the PD and ask to speak to either IA or a supervisor. I am sure the person recieving the complaint will be very happy to review the incar video of the incident.....which caught your actions/words along with the officer's.

It's pretty sad to see how many complaints are withdrawn once the person realizes that there is a video/audio recording of the incident that shows what REALLY happened. A Lt. I work with was in IA for a couple of years and she told me that the incar video shows that 99% of the time our officers have done nothing wrong.

I wish I had a camera in my car. It would have gottn me out of a few jams. Also would have some cool videos of Ares running down some bad guys after a car chase or two.

 

[sbro712]

I wish I had a camera in my car. It would have gottn me out of a few jams. Also would have some cool videos of Ares running down some bad guys after a car chase or two.

Got a good video of Kendo (my K9) going after a guy who we were chasing after he shot at another officer with a Tec9 he had converted to full auto.

BG got spiked so he had two flat tires and then his engine blew up so he had to stop.

When he got out of the car he looked like he was about to jet so I released my boy....BG didn't feel like fighting anymore. :-D

 

[NyteByte]

This has been a very informative thread so far.

I had an experience a long time ago along these same lines:
Back in the late 80's, my brother and I parked at the shopping mall and were walking to the entrance to meet our parents for breakfast. Suddenly we were surrounded by two cops. We weren't even in the parking lot for more than 90 seconds.

They said that they got a report of two guys stealing women's purses, taking the car keys out of the purse, then stealing the ladies cars. They claimed that we "fit the description perfectly". They made us empty our pockets on the hood of their cars (in front of about 100 people -- quite embarrassing). One of the cops was overly aggressive and very rude, in my opinion, however, his partner was actually quite polite and decent (good cop, bad cop?).

They made me walk back to my car, which was at the very far end of the parking lot. When we arrived at my car, the "bad" cop proceeded to search my car, without my permission. When I objected, he physically shoved me back and then said "Don't you tell me what to do" while poking his finger in my chest with each syllable.

He continued to search the inside of my car, pulling the seat covers off and emptying the glove box on the floor of the car. Then he opened the trunk, emptied my toolbox, took my jumper cables out of their bag, then tore apart the trunk liner. All the time he was asking me "Where are the drugs?" and "How much of this is stolen?".

Finally, after not finding anything, he threw my keys, license, and wallet on the drivers seat and told me "Get out of the parking lot and stay away from the cars". Then they both left.

My brother and I just looked at each other like we couldn't figure out WTF just happened.

In your opinion what did the officer do wrong in this case?

In my opinion, I think they may have had a cause to question us. However, searching my car without my permission, and physically pushing / poking me was not right. Also, the one cops attitude was way out of line.

While I did file a complaint, it went nowhere. I also spoke to the chief of police, but he wouldn't do anything either. Back then, I was too young to know any better to follow up with the complaint and perhaps seek legal counsel. But do you think it would have been worth the trouble?

What should have been the correct course of action?

 

[Floridalawdog]

Got a good video of Kendo (my K9) going after a guy who we were chasing after he shot at another officer with a Tec9 he had converted to full auto.

BG got spiked so he had two flat tires and then his engine blew up so he had to stop.

When he got out of the car he looked like he was about to jet so I released my boy....BG didn't feel like fighting anymore. :-D

Did you get my PM? I wish I could see that video. It sounds good.

 

[Floridalawdog]

This has been a very informative thread so far.

I had an experience a long time ago along these same lines:
Back in the late 80's, my brother and I parked at the shopping mall and were walking to the entrance to meet our parents for breakfast. Suddenly we were surrounded by two cops. We weren't even in the parking lot for more than 90 seconds.

They said that they got a report of two guys stealing women's purses, taking the car keys out of the purse, then stealing the ladies cars. They claimed that we "fit the description perfectly". They made us empty our pockets on the hood of their cars (in front of about 100 people -- quite embarrassing). One of the cops was overly aggressive and very rude, in my opinion, however, his partner was actually quite polite and decent (good cop, bad cop?).

They made me walk back to my car, which was at the very far end of the parking lot. When we arrived at my car, the "bad" cop proceeded to search my car, without my permission. When I objected, he physically shoved me back and then said "Don't you tell me what to do" while poking his finger in my chest with each syllable.

He continued to search the inside of my car, pulling the seat covers off and emptying the glove box on the floor of the car. Then he opened the trunk, emptied my toolbox, took my jumper cables out of their bag, then tore apart the trunk liner. All the time he was asking me "Where are the drugs?" and "How much of this is stolen?".

Finally, after not finding anything, he threw my keys, license, and wallet on the drivers seat and told me "Get out of the parking lot and stay away from the cars". Then they both left.

My brother and I just looked at each other like we couldn't figure out WTF just happened.

In your opinion what did the officer do wrong in this case?

In my opinion, I think they may have had a cause to question us. However, searching my car without my permission, and physically pushing / poking me was not right. Also, the one cops attitude was way out of line.

While I did file a complaint, it went nowhere. I also spoke to the chief of police, but he wouldn't do anything either. Back then, I was too young to know any better to follow up with the complaint and perhaps seek legal counsel. But do you think it would have been worth the trouble?

What should have been the correct course of action?

Well, yes these actions were inappropriate. The correct thing to do, would have been to temporarily detain you, which they had a legal right to do, since you were close to the crime and matched the description. Once they ascertained that it was not you they had no more legal right to detain you.

If searching your car would have helped them rule you out of it, they should have asked nicely if they could look through your car. Hopefully you would have said "sure, no problem". Then take a quick look, and tell you "sorry for the inconvenience, and have a nice day."

 

[sbro712]

Did you get my PM? I wish I could see that video. It sounds good.

Yup....thanks for the help. I loaded up 3 images.

Nytebyte,

Sorry that happened to you. If it happened the way you said then those officers were wrong.