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zoiesmama · Sep 15, 2011, 12:34 PM

So he was sitting at home when his nine year old told him that his sixteen year old was cutting herself on her leg. Really unclear what happen from there but she ended up calling the police and telling them he stabbed her with a fork and he called telling the police that she was cutting herself.
About ten min. Later between three to five officers showed up at his house. Parked on the road where he was unable to see the cars and walked in to his house where they entered unannounced and started first thing to put him in cuffs. He resisted due to shock and having no understanding why he was being put in cuffs. During which time he said some stuff that was very explicit to the officer.
After everything was said and done he was taken to jail for resisting arrest and assault IV (mis) for the verbal assault on the officer. He was booked on Aug. 25th and it is now Sept. 15. He has not been in front of a judge yet and he has not been set a court date. It took until Aug. 29th for them to even get the police report to the bondsman to set bail, which they set at $40,000. Now they said he can be released without bail if he has a place to go where he: has his own room, is drug free, with no firearms, and has a land line. He will have to pay $13 a day for a ankle monitor. They will not let him go home though. They said it is due to a no contact order but if you call the court house they have no record of a no contact order. Without even being put in front of a judge they are saying if he stays in jail till October 3rd they will release him with time served.
Can they really walk in to his house unannounced and directly put him in cuffs? Then charge him with resisting arrest? Then hold him for three weeks with out setting a court date? How long can they hold him without letting him enter a plea? Should he be filing suit for false arrest or wrongful imprisonment? Or for a right violation for not putting him in front of a judge yet? Can they really keep him in jail without giving him a trail and release him with time served?

REMEMBER THIS IS IN OREGON- LANE COUNTY.

twinkiedooter · Sep 15, 2011, 01:12 PM

Exactly WHAT was said when he called the police for starters?

excon · Sep 17, 2011, 08:17 AM

Originally Posted by zoiesmama

Should he be filing suit for false arrest or wrongful imprisonment?

Hello z:

No. He should get himself OUT of trouble first... You're right... They CAN'T do much of the stuff they did... In fact, what HE says they did, isn't believable. It's just NOT... Oregon IS in the United States, isn't it. It's NOT in Kabul...

I say this, because NOBODY would jeopardize their case with the multiple mistakes these cops AND judges made.. If the very first instance, charges must be levied Within 72 hours, or the defendant MUST be released... That's so EVERYWHERE in this great country of ours...

IF it DID happen the way he says, any jerk lawyer can get him off because of the misconduct of the cops... However, if you want help HERE that MATTERS, we've got to be given the FACTS - NOT what the defendant SAYS are the facts, when they OBVIOUSLY aren't.

excon

Fr_Chuck · Sep 17, 2011, 10:52 AM

Let me sum it up,

The daughter called police and said that he was stabbing her.

So the police responded to a crime in process with a victim hurt. So yes they may come in the door without knocking to save the victim.

When they came into the house, the suspect resisted arrest and either verbally or physcially assaulted the police officer.

If you look it that way, it makes sense.