My question involves criminal law for the state of: FLORIDA
I was arrested on a battery charge (coded domestic on police report, but other records just "battery"). A man who had informally rented a room from me during the past 4 months on a cash only, no receipt, no lease, verbal agreement that either could end the arrangement at anytime for any reason. He never had any appreciable belongings at my house, nor did he ever receive even one piece of mail with my address. On this day, we had argued about repairs he had promised to make not being completed, financial differences, etc. We had become friends and both of us have ADD issues, etc., but I was trying to work with him. I have never been arrested anywhere, anytime and don't condone violence. But after he would not leave and became, imo, disrespectful, I hit him once across the face. He never touched me. A few weeks before this, in an effort to give him some consequences to his broken promises (that at times, I considered lies), I destroyed a pair of his shoes. He didn't see the shoes until this day. This was when he called 911.
I considered him a trespasser on this day, but I did not want to involve law enforcement for many reasons. He grabbed my cell phone as he was making his call and would not return it. BTW, there were no drugs or alcohol or weapons involved. Neither of us has a record. During the call, he clearly says several times, "I will return your phone when the cop arrives" and "I'll let the cop return it to you" as I asked for its return clearly several times. The operator never addressed our statements and his obvious attempt to control the situation. Also, the operator never got clear answers on what his relationship was to me, etc. He said, "I rent a room from this lady", and when asked if we were bf/gf/husband/wife, he said, "something like that". We had become friends, but never what I would consider "lived as a family". Operator mostly kept quiet, but breathing heavy, and typing what seemed like a book. (I obtained the 911 audio and transcribed it).
From the time the cop arrived until I was arrested was...4 minutes. The cop arrived alone. Backup never arrived. After he talked to the man, the cop came barreling for me as I stood quietly and calmly in the doorway of my house. He managed to step just a foot into my home. I never invited him, though I understand he would have had a right. Anyway, he begins with prefacing Miranda rights, very hyped up, and bungling words.
I said I wanted to remain silent, but then I also said, "I just want the man to go away. I don't want him arrested. I don't want me arrest. I just want everybody to go away." Cop ignored my statements, instead, hurrying me into answering his, "Do you wish to speak to me?" When I paused for second, he immediately asked again. I fear this guy, truthfully. Anyway, he says, "do me a favor, turn around" ....and on things went for 1 minute and 4 seconds. How do I know the exact times? Because when I got out of jail, I found that the deputy had recorded his arrest! He must have had my phone in his side pocket. He also had kept my phone away from me ... I never saw it until I was released. I never resisted him, but I was confused, caught off guard, and began to stutter and actually fell over a chair next to the door. He yells, "Get up!" and even at the very end, he yells, "I'm gonna tase you!" Thank God, he did not.
I also have the incident report and it's also a false narrative. He made it sound without a doubt that we were lovers and I was mad because the man "went out". And nope, I don't believe the man said these things for some very good reasons. Cop took a photo of man, allegedly a small red mark had appeared. Cop also took pic of destroyed shoes, but did that AFTER I was in the squad car, so he never even confirmed that story was true when he determined "probably cause". So...the cop lied, embellished, misstated for his own agenda, top score an arrest, to hate on a woman, imo. He never even took down the man's driver license (not my address), much less ask him for anything to prove he had a legal right to live there. So, I spend the night in jail, get released ROR, and have a no contact order giving the man legal right to my house.... I was essentially homeless, and at Christmas. All of this occurred due to the incompetence and bias of the 911 operator and the cop. Of course, my actions and the man's impulsive decision to call 911 started the chain, but I absolutely believe I was targeted and discriminated against by this misogynist cop. I have looked into his background, internal affairs reports, and there IS trouble.
I need to get my case thrown out and then I am looking at a civil case against the cop and department (color of law, etc., I have just scanned for this, so if I mispeak, please forgive ) for even more reasons than I am posting. I guess I am looking for some support here as I am too embarrassed to talk about this with friends. I meet with my PD the first time this week and I am so hoping, with all my research, 911 audio, video, etc. that he will see fit to put forth a motion to dismiss. That is, unless he's also a woman hater. Sorry, but I seem to be on a roll these days and mean no offense to all the decent men in the world. Thanks for reading. Sorry for the diatribe...And not that it matters, but I am a fairly attractive middle aged white woman...when we start getting threatened to be tased (with no provocation), things are getting bad...
I was arrested on a battery charge (coded domestic on police report, but other records just "battery"). A man who had informally rented a room from me during the past 4 months on a cash only, no receipt, no lease, verbal agreement that either could end the arrangement at anytime for any reason. He never had any appreciable belongings at my house, nor did he ever receive even one piece of mail with my address. On this day, we had argued about repairs he had promised to make not being completed, financial differences, etc. We had become friends and both of us have ADD issues, etc., but I was trying to work with him. I have never been arrested anywhere, anytime and don't condone violence. But after he would not leave and became, imo, disrespectful, I hit him once across the face. He never touched me. A few weeks before this, in an effort to give him some consequences to his broken promises (that at times, I considered lies), I destroyed a pair of his shoes. He didn't see the shoes until this day. This was when he called 911.
I considered him a trespasser on this day, but I did not want to involve law enforcement for many reasons. He grabbed my cell phone as he was making his call and would not return it. BTW, there were no drugs or alcohol or weapons involved. Neither of us has a record. During the call, he clearly says several times, "I will return your phone when the cop arrives" and "I'll let the cop return it to you" as I asked for its return clearly several times. The operator never addressed our statements and his obvious attempt to control the situation. Also, the operator never got clear answers on what his relationship was to me, etc. He said, "I rent a room from this lady", and when asked if we were bf/gf/husband/wife, he said, "something like that". We had become friends, but never what I would consider "lived as a family". Operator mostly kept quiet, but breathing heavy, and typing what seemed like a book. (I obtained the 911 audio and transcribed it).
From the time the cop arrived until I was arrested was...4 minutes. The cop arrived alone. Backup never arrived. After he talked to the man, the cop came barreling for me as I stood quietly and calmly in the doorway of my house. He managed to step just a foot into my home. I never invited him, though I understand he would have had a right. Anyway, he begins with prefacing Miranda rights, very hyped up, and bungling words.
I said I wanted to remain silent, but then I also said, "I just want the man to go away. I don't want him arrested. I don't want me arrest. I just want everybody to go away." Cop ignored my statements, instead, hurrying me into answering his, "Do you wish to speak to me?" When I paused for second, he immediately asked again. I fear this guy, truthfully. Anyway, he says, "do me a favor, turn around" ....and on things went for 1 minute and 4 seconds. How do I know the exact times? Because when I got out of jail, I found that the deputy had recorded his arrest! He must have had my phone in his side pocket. He also had kept my phone away from me ... I never saw it until I was released. I never resisted him, but I was confused, caught off guard, and began to stutter and actually fell over a chair next to the door. He yells, "Get up!" and even at the very end, he yells, "I'm gonna tase you!" Thank God, he did not.
I also have the incident report and it's also a false narrative. He made it sound without a doubt that we were lovers and I was mad because the man "went out". And nope, I don't believe the man said these things for some very good reasons. Cop took a photo of man, allegedly a small red mark had appeared. Cop also took pic of destroyed shoes, but did that AFTER I was in the squad car, so he never even confirmed that story was true when he determined "probably cause". So...the cop lied, embellished, misstated for his own agenda, top score an arrest, to hate on a woman, imo. He never even took down the man's driver license (not my address), much less ask him for anything to prove he had a legal right to live there. So, I spend the night in jail, get released ROR, and have a no contact order giving the man legal right to my house.... I was essentially homeless, and at Christmas. All of this occurred due to the incompetence and bias of the 911 operator and the cop. Of course, my actions and the man's impulsive decision to call 911 started the chain, but I absolutely believe I was targeted and discriminated against by this misogynist cop. I have looked into his background, internal affairs reports, and there IS trouble.
I need to get my case thrown out and then I am looking at a civil case against the cop and department (color of law, etc., I have just scanned for this, so if I mispeak, please forgive ) for even more reasons than I am posting. I guess I am looking for some support here as I am too embarrassed to talk about this with friends. I meet with my PD the first time this week and I am so hoping, with all my research, 911 audio, video, etc. that he will see fit to put forth a motion to dismiss. That is, unless he's also a woman hater. Sorry, but I seem to be on a roll these days and mean no offense to all the decent men in the world. Thanks for reading. Sorry for the diatribe...And not that it matters, but I am a fairly attractive middle aged white woman...when we start getting threatened to be tased (with no provocation), things are getting bad...
Deprivation of Civil Rights: Using a Video Recording to Provre Wrongful Arrest
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