my wife had called police to have them do a welfare check on me after our phones had both died during a small arguement and during this time I was on my way to where she said she was last because almost an hour and a half had passed and i was getting worried and she was doing the same except she thought calling the police would be the best thing to do and thats when our night went haywire because we were both mistreated over what should have been a "safety check on a citizen" so i arrive and she she's with an officer and immediately am yelled at to get out of my car and put my hands on the car to be searched while my wife stood in shock wondering whats happening and she's being told to shut up and stay over by her car!...? she didn't call and say i was doing anything criminal so why was i being treated as such? I am questioned very rudely and then let go because i again had not done anything illegal in the least. Then that officer told my wife she had to answer some more questions and follow up with officers in our town so she without knowing any better followed his lead and after contacting the officers in our town they say they have to make contact with me to make sure I'm ok. She calls me and the officers are listening on speaker phone for some reason and i say I'm fine Im just upset from how i was just treated when i may have needed mental health help. I did not, I just had a really bad day a week before and my wife was worried and thats exactly what she had said to the dispatcher when requesting a welfare check. I ask that they not come into my home because i was already in bed and had a long horrible night. my wife asks if she can just go home and they tell her not without them coming in also to "make contact with me". I hear my wife come in and i hear an officer, 2 actually and they had entered anyways when asked by us both not to. I come out to find one officer peering into my art studio which is the furthest point from the front door and appeared to be searching so asked him to please leave my house because i had done nothing wrong and their presence was upsetting me. The officer that was walking around my house was staring at me and while I'm upset he smiles and laughs and says "who has the attitude?" which upset me very much and i asked again for them to leave because it was a welfare check and they only had to see i was ok and when asked to leave they need to. I have already spoke to the chief and filed a formal complaint and he is the one that told me it is police misconduct from the get go and he told me even though my wife had let them in, once they saw i was alive and well and asked to leave they were required to. They were asked around 10 times to leave and they were in my house harassing me for over 5-10 min. Im just wondering if this is in fact true and they behaved so badly that even the chief agrees they should be held accountable. Is there a case?
there was no report taken or anything, they didn't even ask us our full names yet i was treated as a criminal the entire interaction.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.