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Police illegally searched my bedroom and removed identification from purse while I was locked in police car outside of home.

Fairfax, VA |

A police officer placed me under arrest without requesting my identification, conducting an investigation. or interviewing two witnesses. After handcuffing me and placing me in the backseat of his squad car I was left alone there for 20 minutes while the officer returned to my home and searched my bedroom to locate my purse that contained my driver's license. A complaint was filed against the police officer the following day and the police department did not respond to the complaint despite repeated attempts to contact Internal Affairs. The arresting officer appeared at the hearing and presented fabricated testimony that resulted in a guilty verdict for domestic assault and battery. The officer's electronic vehicle locator data and six witnesses dispute the officer's testimony.

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Attorney answers 2

Best Answer
Posted

Did you have a question? Were you represented at trial? When did this occur? DId you file an appeal?

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Asker

Posted

Yes, my question is whether this search of my home for my identification was a legal search. I owned the home at the time of this incident, August 2011, and the police did not ask to go upstairs to my bedroom, or to search my purse, to obtain my driver's license. I was represented and did file an appeal. The internal affairs investigation was closed after 13 months, then re-opened when four witnesses complained to both the police department and county officials about the fabricated testimony of the arresting officer. This is nothing short of a police cover-up, part 2 of the Internal Affairs investigation is still open and active. Do I have a legitimate civil rights claim against the police and county?

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Well, first off--the county is immune from suit adn the police have qualified immunity--both are extremely high hurdles to over come in a suit. Whther your civil rights were violated depends on facts an circumstnaces not in your post, but related to the specific situaiton that occurred the night you were arrersted. Didn't you discuss that with your attorney? He/she, with knowledge of the arrest itself, had the best opportunity to identify if somethgin was amiss and it would have been part of your defense to the charge

Asker

Posted

All of this was discussed with my attorney. When he began to introduce the complaint filed against the officer that went unacknowledged by the PD for 4 months, the prosecutor objected to my attorney's question and the judge sustained the objection, disallowing any statements regarding the police officer's conduct. For the appeal, which was another 3 months later, the prosecutor filed a Motion in Limine prohibiting any testimony regarding the complaint against the officer or the Internal Affairs investigation. The Head of Internal Affairs reopened the investigation when it became clear that there were more eyewitnesses than police officers that disputed the statements made by the arresting officer under oath. An officer involved in the initial investigation has been demoted and reassigned to another station.

Posted

More data is needed about how police gained access to a home (was it locked and miles from where you were arrested?,,, or did someone else give access?) (was a victim a witness?)

Hire a local criminal attorney without delay to pursue your righst, including appeal, and civil rights violations.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

Asker

Posted

My 21 year old son called 911 to report my ex husband physically assaulting me. When the police arrived 25 minutes later my ex claimed the small self inflicted scratch on his arm was caused by me. Without conducting an investigation or ascertaining the identity of me or my two adult sons, the arresting officer arrested me, took me from my home and locked me in the back of his police car parked in front of my neighbor's home. Four witnesses in this neighbor's home observed the officer's actions. Upon realizing that he did know my name, driver's license number, etc because he had not requested identification from me or either of my two adult sons, he exited his squad car, re-entered my home, went upstairs to the separate bedroom I stayed in from husband and searched the room for my purse. The officer did not ask permission to search or obtain my identification from me or either of my sons at any time. My purse was hidden (from my husband who I was in the process of seeking divorce from at the time) inside another bag and it took the officer 20 minutes to find my purse and ID. For the entire 20 minutes he was inside my home I was locked in his squad car, in handcuffs, in 95 degree heat. At least 6 people witnessed me sitting in this car alone, with no officer in sight, as all of the officers were inside my home searching. At least 4 neighbors witnessed the police officer's actions, in addition to my two sons. My ex fabricated a story to avoid arrest and loss of his security clearance.