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Cops who break into a man's house without a warrant...plead the 5th

Drowning Man

Drowning Man

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This is the update video on this case and goes through what these officers did. In short, they broke into the guy's house through a window that had an air conditioner in it, rummaged around his house, disabled obvious external camera equipment, drug tested the ashes of his dead friend thinking they were drugs, pulled out all his guns and inventoried them...all without a search warrant.

In an interesting twist, a copy of the video was submitted to the FBI, who turned around, warned and gave it to the officers that they should have been investigating...



Depositions took place recently and the legal counsel for the police has petitioned the court to not allow videos of those depositions to be posted online. But, the depositions did take place and the officers either no-showed, or plead the fifth to every question.



The lawyer goes on to explain that pleading the 5th in a civil case doesn't come without repercussions. In a criminal case, your silence cannot be used against you. In a civil case, it can be. You can infer a lot of culpability if you choose to exercise your right to remain silent.

I'm glad that there's guys like this one that holds public officials like these dirty cops, accountable.
 
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Drowning Man said:
This is the update video on this case and goes through what these officers did. In short, they broke into the guy's house through a window that had an air conditioner in it, rummaged around his house, disabled obvious external camera equipment, drug tested the ashes of his dead friend thinking they were drugs, pulled out all his guns and inventoried them...all without a search warrant.

In an interesting twist, a copy of the video was submitted to the FBI, who turned around, warned and gave it to the officers that they should have been investigating...



Depositions took place recently and the legal counsel for the police has petitioned the court to not allow videos of those depositions to be posted online. But, the depositions did take place and the officers either no-showed, or plead the fifth to every question.



This guy goes on to explain that pleading the 5th in a civil case doesn't come without repercussions. In a criminal case, your silence cannot be used against you. In a civil case, it can be. You can infer a lot of culpability if you choose to exercise your right to remain silent.

I'm glad that there's guys like this one that holds public officials like these dirty cops, accountable.
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The officer in this case needs to be removed from the police force. His supervisor needs to be demoted to a meter-maid and the chief of the department needs to be terminated with no benefits, pension, or other options.

The officer in question needs to be charged with burglary, trespassing, harassment, and official misconduct. He must never work in law enforcement again.
 
ColdHardTruth said:
The officer in this case needs to be removed from the police force. His supervisor needs to be demoted to a meter-maid and the chief of the department needs to be terminated with no benefits, pension, or other options.

The officer in question needs to be charged with burglary, trespassing, harassment, and official misconduct. He must never work in law enforcement again.
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There were 3 officers that broke into the house without a search warrant.

The FBI officer(s) who tipped off the drug force officer(s) and didn't investigate the criminal activity, should be fired too, IMO.
 
Drowning Man said:
There were 3 officers that broke into the house without a search warrant.

The FBI folks who tipped off the officer(s) and didn't investigate the criminal activity, should be fired too, IMO.
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I absolutely agree. Their actions put lives at risk and that is not acceptable. The need to lose their clearances, shields, and weapons.
 
Drowning Man said:
The lawyer goes on to explain that pleading the 5th in a civil case doesn't come without repercussions. In a criminal case, your silence cannot be used against you. In a civil case, it can be. You can infer a lot of culpability if you choose to exercise your right to remain silent.

I'm glad that there's guys like this one that holds public officials like these dirty cops, accountable.
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But the cops aren't being held accountable. They committed crimes. Is there a criminal case as well as a civil case?
 
Loulit01 said:
But the cops aren't being held accountable. They committed crimes. Is there a criminal case as well as a civil case?
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The lawyer contacted the FBI...for all the good that did.

This lawyer is doing what he can, so I give props for that. But, he has to work within the same broken system. Any measure of accountability is a good thing.
 
Similar to the Brianna Taylor case. These officers need to be brought to light, shown to the public, and prosecuted harshly. Departments around the United States really need an overhaul and a good weeding job. Without public trust, there's no reason for the police force.
 
No comment would be a better response.
 
Individual said:
No comment would be a better response.
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That isn't an option. This isn't Canada or the UK. In a deposition or trial, a sworn witness must answer the questions asked. If they don't want to, they have to assert the 5th. If they do neither, they could be held in contempt until compliant.
 
ASHES said:
That isn't an option. This isn't Canada or the UK. In a deposition or trial, a sworn witness must answer the questions asked. If they don't want to, they have to assert the 5th. If they do neither, they could be held in contempt until compliant.
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I looked it up and you're right. I found another exception besides the fifth, however. You can also claim privilege (like attorney / client privilege) and refuse to answer.
 
ASHES said:
That isn't an option. This isn't Canada or the UK. In a deposition or trial, a sworn witness must answer the questions asked. If they don't want to, they have to assert the 5th. If they do neither, they could be held in contempt until compliant.
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The video evidence should be adequate to bring the to trial in a criminal court and convict them.
 
Drowning Man said:
I looked it up and you're right. I found another exception besides the fifth, however. You can also claim privilege (like attorney / client privilege) and refuse to answer.
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True, spousal privilege, sustained objections, stuff like that. But certainly in this case, they can't refuse to answer or assert a privilege.
 
Individual said:
The video evidence should be adequate to bring the to trial in a criminal court and convict them.
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This has nothing to do with criminal court. Usually doesn't. QI is very difficult to overcome.
 
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