Sister called & lied to the cops against me! & i got arrested! help please!
This is a discussion on Sister called & lied to the cops against me! & i got arrested! help please! within the Miscellaneous Topics forum, part of the OTHER LEGAL ISSUES category; My sister and I live on the same property in separate houses, she in back with my grandmother & her ...
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My sister and I live on the same property in separate houses, she in back with my grandmother & her boyfriend, I in the front house with my mother & father. My father witnessed the majority of the following incident--
I was in the kitchen preparing my dinner (cutting a sandwich in half with a butter knife because I didnt want too clean a sharper knife) and my sister started yelling at me over some minor issue, I yelled back and asked her too leave, however not once threatening her in any way--and not once mentioning the knife in my hand or the word knife--and she left soon after. A half hour later the police are knocking on my bedroom door on the back of the property--she must of let them into the gate and lead them too my door. I told the cops that I would come around to the front door & went around told my mother that anna called the cops on me for something and we both went out front too speak with them. The police had already entered onto our private property without a warrant and i proceeded too ask what house owner gave them permission to enter, etc. They questioned me and I told them that I had done no such thing as far as threatening or attacking my sister (and I hadnt), they proceeded to inspect my pupils and do a bunch of other things related too figuring out if i was under the influence all without my permission while i protested. Eventually I gave in and admitted to the use of heroin & told them that i was on my way too a rehab in a half hour & my sister lied and did this out of spite-- after they had told me that i failed every drug test discerning if I was under the influence, and they cuffed me and took me to lockup for being under the influence--however the arresting officer did inform me that my sister dropped the charges as i was being taken away. I have a witness that I did no such thing as attack my sister (my father) and she dropped the charges immediately--I would like too know if I could take her to court for something along the lines of filing a false police report? or for the intentional infliction of emotional distress she caused me? or defamation? and further, since it was a lie that allowed the police to enter onto my property--is the evidence they collected as far as me being under the influence still admissible in court? (all together--they had no ACTUAL legal cause too enter my private property--it was a false claim against me?), what can I charge or sue my sister with? I am really hurt that my own sister would do this too me, she did this out of spite as I had made an appointment a week earlier to start rehab at 10PM that night--which me and my mother were getting ready too depart too--and she called the police with this false claim at 9:30PM just out of spite to get me arrested for my drug problem, I was prevented from attending my rehab appointment because I was in lockup, and am attending one with a new appointment on tuesday 19th. (ultimately I guess my sister told the cops that I threatened and/or attacked her with a knife while under the influence of heroin) Thanks, Gary M. |
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#2 |
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Join Date: Dec 2009
Posts: 12,617
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As regards entry of police is concerned that is a valid entry. They entered on the report of your sister that she is in danger and therefore police has right to enter and save the citizen. In this, as the report to the police was false, therefore, even police or prosecutor can file a case against your sister for false police report. Now as the complaint of your sister is false you can file a civil suit against her. Your action will be based upon the law of torts asking for compensation from your sister for maliciously filing wrong police complaint. The court will consider all the circumstances at the time of the incident before making a decision.
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#3 |
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Your post is wrought with inconsistencies in your own recollection of the events as they took place. It also is replete with making a case for yourself right off the bat, as you start right out pointing out you had a butter knife BUT, you did not use it or threaten with it.
The police are within their legal authority to enter "private property" without a warrant. They were operating under the risk of danger to human life, and had every right to be there. Besides which, which part of this private property belongs to you? Do you own the home(s) in question? Unless you actually own the property, it is not yours. It's apparent, if they did toxicology tests, that you were, indeed, impaired. If they performed field sobriety tests, bear in mind these people are trained to spot chemical intoxication, and have seen all together too many people under the influence of a myriad of drugs. Perhaps you cannot remember the events as clearly as your sister does. It's apparent you threatened her and she was fearful of you. It's inconceivable that she would deliberately sabotage your going to rehab, as I'm sure she was most likely very relieved about that. You likely cannot remember what took place, as you were under the influence of heroin. You cannot sue your sister or charge her with anything and the police did their job correctly. Sorry, but you must chalk this experience up to one more reason to get sober. |
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