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Posted: 6/3/2010 9:30:06 AM EDT
[Last Edit: 6/3/2010 9:31:19 AM EDT by fammyman]
this is not an le bash thread. i would like to ask you guys who i need to talk to about some small town cops. there are 2 thats it. they pick and choose which laws to enforce. i just moved to town. i got arrested for public intox and simple assault. (isolated incident) now these to are leaning on my landlord to evict me . yet there is a known felon who drives everyday without a license and thats ok?  so who is it that is above these 2 small town guys that think they can handpick there town ?

eta add landlord was told i leave town or he evicts my family
Link Posted: 6/3/2010 9:33:51 AM EDT
Lawyer up.
Link Posted: 6/3/2010 9:35:18 AM EDT
Originally Posted By ecgRN:
Lawyer up.


kinda what i thought just wondering how many charges and tarnished my record will get in the mean time and im literaly flat ass broke
Link Posted: 6/3/2010 10:31:25 AM EDT
bump im me if you dont want it public i need help here folks. what happens to me is what ever the children is what im worried about
Link Posted: 6/3/2010 10:34:18 AM EDT
What does your lease/rental agreement say?  If you haven't violated any terms, I have a hard time believing they can actually evict you.
Link Posted: 6/3/2010 11:27:56 AM EDT
You are a family man and got arrested for public intox and simple assault after recently moving? Hmmmm, interesting. How do you about the "known felon" and have you reported it? Have you spoken with a lawyer?
Link Posted: 6/3/2010 11:34:04 AM EDT
Originally Posted By Garage-Logician:
What does your lease/rental agreement say?  If you haven't violated any terms, I have a hard time believing they can actually evict you.


this is where it gets tricky. im not on the lease but im still married to the woman whos lease it is
Link Posted: 6/3/2010 11:37:09 AM EDT
Originally Posted By Depidy_Dawg:
You are a family man and got arrested for public intox and simple assault after recently moving? Hmmmm, interesting. How do you about the "known felon" and have you reported it? Have you spoken with a lawyer?


yes it sounds bad and yes its well known and reported the felon is my will be exwifes boyfriend who is known in this town and lives in said home as well. as i said isolated incident. drank way too much and out of character for me. i am 27 an this is my second adult arrest.first was 22 which was also a pi but i was 22. first offense of this nature
Link Posted: 6/3/2010 12:10:17 PM EDT
Originally Posted By fammyman:
its well known and reported the felon is my will be exwifes boyfriend who is known in this town and lives in said home as well.



Ahhhhhh....now it gets tricky. You've got a mess. Good luck.

Link Posted: 6/3/2010 12:19:38 PM EDT
Originally Posted By ecgRN:
Originally Posted By fammyman:
its well known and reported the felon is my will be exwifes boyfriend who is known in this town and lives in said home as well.



Ahhhhhh....now it gets tricky. You've got a mess. Good luck.



gee thanks lol ya think ? the cops are tryin to run ME  out though they just will push my family out to do it still looking for oversight of said cops
Link Posted: 6/3/2010 12:29:46 PM EDT
Link Posted: 6/3/2010 1:01:14 PM EDT
"if you cannot afford a lawyer, one will be appointed to you". go to court, pleade your case, and file a compliant against the officers.
Link Posted: 6/3/2010 1:04:20 PM EDT
Originally Posted By Striker:

Originally Posted By ecgRN:
Lawyer up.

this
 


This........plus........there should be a Sheriff's department close by or check with the State Police if you don't feel comfortable with that route.
Link Posted: 6/3/2010 1:15:28 PM EDT
[Last Edit: 6/3/2010 1:15:54 PM EDT by Tango7]
Link Posted: 6/3/2010 1:43:36 PM EDT
[Last Edit: 6/3/2010 2:41:35 PM EDT by TxLawDog]
Originally Posted By fammyman:
Originally Posted By Garage-Logician:
What does your lease/rental agreement say?  If you haven't violated any terms, I have a hard time believing they can actually evict you.


this is where it gets tricky. im not on the lease but im still married to the woman whos lease it is


Did the simple assault occur on the apartment property?  If so, then the Officers are doing what they are supposed to (nuissance abatement).


What's the whole story with the assault?


ETA:  I'm not trying to read anything into the story that isn't there but if you would have committed a crime on the property of an apartment complex here, whether you resided there or not, and aren't on the lease then you get criminally trespassed from that property for good.  We have signed trespass warmings from all of the apartment complexes that are in our city on file with the PD just for this reason.
Link Posted: 6/3/2010 2:13:49 PM EDT
[Last Edit: 6/3/2010 2:14:58 PM EDT by jjc155]
Obviously lawyer up on your case and if the "harassment" continues contact your State Attorney General. Often they are quite interested in cops overstepping their bounds.

J-
Link Posted: 6/3/2010 2:47:25 PM EDT
Originally Posted By TxLawDog:
Originally Posted By fammyman:
Originally Posted By Garage-Logician:
What does your lease/rental agreement say?  If you haven't violated any terms, I have a hard time believing they can actually evict you.


this is where it gets tricky. im not on the lease but im still married to the woman whos lease it is


Did the simple assault occur on the apartment property?  If so, then the Officers are doing what they are supposed to (nuissance abatement).


What's the whole story with the assault?


ETA:  I'm not trying to read anything into the story that isn't there but if you would have committed a crime on the property of an apartment complex here, whether you resided there or not, and aren't on the lease then you get criminally trespassed from that property for good.  We have signed trespass warmings from all of the apartment complexes that are in our city on file with the PD just for this reason.

negative the assault was on a school principal at the school .
Link Posted: 6/3/2010 2:51:13 PM EDT
Not nearly enough information to make any kind of suggestion except to lawyer up.

Originally Posted By fammyman:
i would like to ask you guys who i need to talk to about some small town cops.


Sheriff's department, District attorney, State police, then Feds.

there are 2 thats it. they pick and choose which laws to enforce. i just moved to town. i got arrested for public intox and simple assault. (isolated incident) now these to are leaning on my landlord to evict me . yet there is a known felon who drives everyday without a license and thats ok?  so who is it that is above these 2 small town guys that think they can handpick there town ?

eta add landlord was told i leave town or he evicts my family


This is known as "deflection". When one does not want to take responsibility and instead is trying to deflect attention to something else. Example: Stopping somebody on traffic and they say "There are rapist and murders out there, why are you wasting time stopping me and giving me a ticket?"

Now if you have actual proof that the cops are targeting you, then that's different. Sorry if I don't take your word for it though.
Link Posted: 6/3/2010 2:55:15 PM EDT
Originally Posted By jjc155:
Obviously lawyer up on your case and if the "harassment" continues contact your State Attorney General. Often they are quite interested in cops overstepping their bounds.

J-


thank you
Link Posted: 6/3/2010 2:55:33 PM EDT
Originally Posted By Tango7:
Realizing that you're pulling the pin on a grenade that could go either way, my suggestions would be:

County Prosecutor and/or State Attorney General for possible prosecution under ICO
Federal District Attorney (violation of civil rights)

ETA - just saw Sheriff's department. Good call.

http://www.legis.state.ia.us/IACODE/2003/721/2.html
721.2  Nonfelonious misconduct in office.
Any public officer or employee, or any person acting under color of such office or employment, who knowingly does any of the following, commits a serious misdemeanor:
<snip>
4.  By color of the person's office and in excess of the authority conferred on the person by that office, requires any person to do anything or to refrain from doing any lawful thing.


From the IA Code: Click for Linkage

729.5  Violation of individual rights –– penalty.
1.  A person, who acts alone, or who conspires with another person or persons, to injure, oppress, threaten, or intimidate or interfere with any citizen in the free exercise or enjoyment of any right or privilege secured to that person by the constitution or laws of the state of Iowa or by the constitution or laws of the United States, and assembles with one or more persons for the purpose of teaching or being instructed in any technique or means capable of causing property damage, bodily injury or death when the person or persons intend to employ those techniques or means in furtherance of the conspiracy, is on conviction, guilty of a class "D" felony.


thank you sir
Link Posted: 6/3/2010 2:56:37 PM EDT
Originally Posted By Bossier1:
Originally Posted By Striker:

Originally Posted By ecgRN:
Lawyer up.

this
 


This........plus........there should be a Sheriff's department close by or check with the State Police if you don't feel comfortable with that route.


would have to go state cause the sherriffs office is where these guys train so im gonna assume that thats not a good route but thank you
Link Posted: 6/3/2010 2:58:53 PM EDT
Originally Posted By beavo451:
Not nearly enough information to make any kind of suggestion except to lawyer up.

Originally Posted By fammyman:
i would like to ask you guys who i need to talk to about some small town cops.


Sheriff's department, District attorney, State police, then Feds.

there are 2 thats it. they pick and choose which laws to enforce. i just moved to town. i got arrested for public intox and simple assault. (isolated incident) now these to are leaning on my landlord to evict me . yet there is a known felon who drives everyday without a license and thats ok?  so who is it that is above these 2 small town guys that think they can handpick there town ?

eta add landlord was told i leave town or he evicts my family


This is known as "deflection". When one does not want to take responsibility and instead is trying to deflect attention to something else. Example: Stopping somebody on traffic and they say "There are rapist and murders out there, why are you wasting time stopping me and giving me a ticket?"

Now if you have actual proof that the cops are targeting you, then that's different. Sorry if I don't take your word for it though.

understand what you are saying only mentioned that as reference to me saying they decide which laws to enforce. i know i fucked up. this is a small white town that thinks its shit dont stink. im only here for my daughter
Link Posted: 6/3/2010 3:33:44 PM EDT
Originally Posted By fammyman:

negative the assault was on a school principal at the school .


Ok....not to sound like a jerk, but I will play devils advocate, as we are obviously only getting yer side of the story and not the whole story.  U just moved into town, you get drunk and assault the school principal, yer living in a house that u aren't on the lease, and yer ex-wifes b/f is a "Known felon" who is driving round with no licesne.  It sounds like yer bringing alot of drama to a small town, I'm really not surprised they are trying to get the landlord to give ya the boot.  We do the same thing for "Nuisance properties," it's not someone "targeting" you, it's called pro-active police work, find the problems and fix them....yer new to town (Or at least it sounds like it) and u bring all this drama, I'd say u might be a nuisance.

So to sum it up, you admit that u got too drunk, u admit u got into a fight....so am I missing something, or where does the "These cops are out to get me" come into play?  Just because they are trying to get yer landlord to evict you?  Thats not illegal, a landlord has every right to evict whoever they want, having the cops call the landlord to clue them in on the type of person they rented to is also not illegal, unless they are giving info that is not supposed to be public record.  Getting arrested is public record, so I see no wrong doing.
Link Posted: 6/3/2010 3:41:07 PM EDT
Originally Posted By SMPrider112:
Originally Posted By fammyman:

negative the assault was on a school principal at the school .


Ok....not to sound like a jerk, but I will play devils advocate, as we are obviously only getting yer side of the story and not the whole story.  U just moved into town, you get drunk and assault the school principal, yer living in a house that u aren't on the lease, and yer ex-wifes b/f is a "Known felon" who is driving round with no licesne.  It sounds like yer bringing alot of drama to a small town, I'm really not surprised they are trying to get the landlord to give ya the boot.  We do the same thing for "Nuisance properties," it's not someone "targeting" you, it's called pro-active police work, find the problems and fix them....yer new to town (Or at least it sounds like it) and u bring all this drama, I'd say u might be a nuisance.

So to sum it up, you admit that u got too drunk, u admit u got into a fight....so am I missing something, or where does the "These cops are out to get me" come into play?  Just because they are trying to get yer landlord to evict you?  Thats not illegal, a landlord has every right to evict whoever they want, having the cops call the landlord to clue them in on the type of person they rented to is also not illegal, unless they are giving info that is not supposed to be public record.  Getting arrested is public record, so I see no wrong doing.


my family and the felon have been here. i am new to town. the police told the landlord that they (police) wanted me out of town. my ex wife has the landlord on tape saying that the situation would be fine if the police were not leaning on him to get me out of town. again this is the first dealings i have had with cop a and b who are the only cops. mr felon has been in this town for years
Link Posted: 6/3/2010 3:41:22 PM EDT
Originally Posted By fammyman:

negative the assault was on a school principal at the school .


Well, that doesn't sound good, no matter how you look at it.

School employees are a protected class here, meaning it would be a felony. How about there in IA?

You admit you screwed up for the drinking part. OK.  

You were in a fight with a school employee.... not sure how to take this one.

If you are presenting yourself as a problem, then the cops will address the problem. As long as their actions are legal, there is nothing you can do. We arrested a guy 30 times in a 45 day period. He was slow to realize he needed to move and quit committing crimes.
Link Posted: 6/3/2010 3:48:06 PM EDT
Originally Posted By RDP:
Originally Posted By fammyman:

negative the assault was on a school principal at the school .


Well, that doesn't sound good, no matter how you look at it.

School employees are a protected class here, meaning it would be a felony. How about there in IA?

You admit you screwed up for the drinking part. OK.  

You were in a fight with a school employee.... not sure how to take this one.

If you are presenting yourself as a problem, then the cops will address the problem. As long as their actions are legal, there is nothing you can do. We arrested a guy 30 times in a 45 day period. He was slow to realize he needed to move and quit committing crimes.


not sure on the class of charge. yes it was bad,i dont remember much of that day but my ex wife who was with me as we had a meeting for one of the kids said i tried to walk away first and was follwed by the pricipal into the hall way who then challenged me. again i admit i fucked up but to run me outta town for this ? 1 occurance ?  i am not a slow learner and have decided to quit drinking
Link Posted: 6/3/2010 4:14:19 PM EDT
Link Posted: 6/3/2010 4:20:38 PM EDT
[Last Edit: 6/3/2010 4:20:38 PM EDT by EdAvilaSr]
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