Charged With “Resisting And Delaying” For Refusing Illegal Search; Refusing to Identify

The following post was shared with the CopBlock Network by “DM,” via the CopBlock.org Submissions Page.

Two nights ago, I was in my home eating dinner by myself. Someone knocked on the door, but I didn’t answer. The doorbell rang; I still didn’t answer. There was pounding on my front window, so I got up to see who it was. I saw a San Bernardino Deputy. I had dogs going crazy, so I stepped on my porch. He asked me if I know some dude I have never heard of and I explained that I have owned the home for thirteen years and that name has never come up at my address. He again asked if it’s possible that he is in my home and I told him it wasn’t.

I then stated I thought he was there because of my daughter, who gets into trouble and that deputies have been to my home dozens of times for. He said he knows my daughter. He then asked me if I had any identification on me and I said no. He then asked me my name and this is where the trouble for me started. I asked him why he would need my name when I already told him I don’t know who he is looking for. I then asked him if I was legally required to identify myself on my own property and he said yes. I asked which law states this and he said he had a warrant for a person’s arrest and that he was conducting an investigation. I explained that I am the homeowner and if he needed to know who I am then he could run a records search on my address or my vehicles, but that I was not going to provide him my name.

Banner Finally HereI asked if I was being detained or free to go and that’s when he told me to turn around, then he handcuffed me. I didn’t like this. He said if we were going to play games, we would play by his rules. I told him not to put me into the car and that I would give my name at this point, because I didn’t want to be put into the car. He not only put me into the car, he twisted the cuffs to make it more uncomfortable. He got in the front seat as I was arguing with him that he was violating my civil rights. He then told me he was now going to search my home. I did not give him permission.

He left the car. I could not see my home from the car. After twenty minutes, he came back and read me some garbage about how helping a fugitive is a felony and I told him to just take me to jail. Oh, I forgot, I had asked for a Sgt. to be present when he went to handcuff me, and he showed up with four other deputies. Arguments about going into my home were abundant. The deputy decided to charge me with resisting and delaying. The Sgt. was equally as useless. I am not saying I was Mr. Perfect, but I don’t know a law on the books that says one can charge me for being firm in my beliefs and rights. The deputy thinks otherwise. Now I need to go to court to defend myself against a $1000 fine and a year in jail. Any advice?

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , ,

About Kelly W. Patterson

a lifelong resident of Las Vegas, who's been very active in local grassroots activism, as well as on a national level during his extensive travels. He's also the founder/main contributor of Nevada Cop Block, served as editor/contributor at CopBlock.org and designed the Official Cop Block Press Passes. ____________________________________________________________________________ Connect with Kelly at these social networks; Facebook, YouTube and Twitter.

Spread Nevada CopBlock!

Like what we are doing? Share it with the world.

34 Responses to “Charged With “Resisting And Delaying” For Refusing Illegal Search; Refusing to Identify”

  1. Hank_Thoreau October 30, 2013 at 10:02 am #

    None of that will stick, California has no stop and ID requirement,and their ability to legally coerce you is dramatically weaker when you are on your own property.
    In the future, don’t exit the house, talk to them through a window, and the second they say something you don’t like, ask them to leave the property, and say you’re calling your attorney,and of course, record the entire interaction.

  2. Shawn October 30, 2013 at 10:33 am #

    While i oppose and refuse to play 20 questions, I don’t see the issue with giving him a name or even ID. Beyond that, the cop was an ass. Not that that is unusual.

    What kind of warrant was it. Search warrant or arrest warrant? Makes a difference. A lawyer can tell if you have a case.

  3. Keith October 30, 2013 at 11:45 am #

    Actually, it probably all will stick. In California, if the police have a legitimate reason to believe a suspect “may” be inside a home, he/she has the legal right to inquire. And just saying “i’m the homeowner” does not cut it. I could have 5 people tied up inside, getting ready to kill them, and just saying “i’m the homeowner” would not suffice. That is why I.D. was requested, to “verify” who the home owner is. If you are walking down the street, or even in your house, and the cops randomly ask for I.D. just because you look suspicious, that is a different story. But if he is telling the truth, and they were looking for someone, than you have no recourse. You see, even if no suspicion was present, when you refused to give I.D. and were effusive, that raised suspicion to the level of legality. My advice is this, learn what your rights “actually” are, and fight for them. Don’t assume that you have the right to act a certain way just because you “want” to be able too. Cops can be very intrusive, but in this case, it seems legit. Maybe i’m missing something.

  4. t October 30, 2013 at 1:10 pm #

    ORRRRR, you could be less of a dickhead, answer your door like an adult and have a lot less hostile interaction…..and a kid all of the problems. Just saying

  5. certain October 30, 2013 at 1:38 pm #

    Relax. The cop was just being a dickhead (imagine that, a dickhead SB cop). About a 90% chance the DA will not pursue it. If he does, a lawyer will most likely get it dismissed. Cop can claim whatever he wants, but when it comes down to a trial, he better be able to define a clear and reasonable belief that the person he was looking for was in the house. And since only one cop showed up he was following up on some old FI card or something, which wouldn’t constitute any reasonable cause. And Keith, I think your reasoning breaks down at the point it becomes clear that the dude was under no obligation to even answer his door. If the cops have a legal reason to come in and demand ID, they won’t be knocking much.

  6. Keith October 30, 2013 at 2:30 pm #

    certain, very good point. I was mostly speaking generically. Saying “if he is telling the truth”, the cop that is. Just on it’s face, this is not wrong. Now, as you pointed out, if they were truely looking for someone and thought he/she was in the house, more than 1 cop would show up. He never had to answer the door, and if he did not, he would not have had any issues(hopefully). I guess my point is, with the limited info, he really has no case here as cops are allowed to act in the above manner, if being honorable and honest about their intentions. Now that last statement is a rarity i know, but again, I was speaking of the situation generically based on the limited info given.

  7. Hank_Thoreau October 30, 2013 at 2:52 pm #

    They didn’t have a warrant, or exigent circumstances (if they had either they wouldn’t have bothered knocking more than once, or talking to the guy). This was a fishing expedition, and they got pissed at someone for flexing their 4th and 5th amendment rights (completely routine, they detest those rights especially).

    This was an invalid arrest to justify a search, and a violation of your rights.

    Granted, he will never get a dime out of this, there are too many bootlickers in the world for justice to actually be done.

  8. Public Offender October 30, 2013 at 3:10 pm #

    The police need a search warrant to enter the home to search for someone, fugitive or not, who does not reside in said home. But it always helps to not be a dick, whether you feel your rights are being infringed or not.

    The officer did not stop by because he was bored; the officer was there because he was told to go there.

    You are not proving any point in failing to identify yourself. If you don’t want your home searched, do not consent, it’s as simple as that. But allow the police to eliminate you as a suspect.

    I am sure people will be of the opinion the police had no right to be there and were in the wrong. Whether true or not, what is the harm identifying yourself?

    One thing I have observed about the people on this website is they care about their fellow humans. Well, police officers are your fellow humans. Sympathize and empathize with them up to a point.

  9. Keith October 30, 2013 at 3:58 pm #

    …in California, not sure about anywhere else, if in persuit of a felony warrant, you do not need a warrant to enter. To clarify, if someone does not show up for court, it is automatically transferred to a felony bench warrant. Due to it being a felony, even though it may be a shoplifting charge, the cops can come right in and pursue him/her if they see him/her go into the house. They can also lie and say they saw it, and that is why they are there. Not at all arguing the warrant thing, just pointing out that there are exceptions and people should be aware of those exceptions. This happened to us when I was a kid, as one of my brothers freinds tried to hide in our house from a bench warrant. They ran right in and snatched him up. My mom thought it was illegal and was upset, they told her to relax or they would arrest her because they were within the law. Again, doesn’t pertain to this case, just a little info for the next time.

  10. Shawn October 30, 2013 at 4:47 pm #

    @keith

    “…in California, not sure about anywhere else, if in persuit of a felony warrant, you do not need a warrant to enter.”

    I’m quite sure that isn’t a blanket do what they want, enter any home without cause, power. There is that whole issue of what made them think the guy they were looking for was there?

    I’ve seen several stories about cops raiding homes to arrest a guy. Problem was, they had done nothing to verify the men’s addresses in many months. So the cops ended up terrorizing an innocent family. Cops can get pretty lazy. And it is easier to just simply go and do it, rather than to do any homework to see if the place has changed hands and who is now living there. After all, cops don’t care about the messes they leave behind.

  11. AmigaJoe October 30, 2013 at 4:50 pm #

    So if there’s a warrant out for someone, the cops can legally search anywhere they want? Friends? Relatives? Casual acquaintances? Old school mates? Coworkers?

  12. Public Offender October 30, 2013 at 7:22 pm #

    @ Amiga, no, they can’t search ANYWHERE.

    Arrest warrant = you in your house.

    Search warrant + arrest warrant = you in some one else’s house.

  13. t October 30, 2013 at 7:26 pm #

    Automatically a felony bench warrant?!?! Dude. You need to move away California guy. That’s crazy shit.

    AGAIN: us knocking on your door isn’t an “infringement” of your rights. We can go anywhere the Avon lady can. IF we know that someone that’s is wanted for a felony….we don’t need a warrant. But that’s tricky and usually not worth it.

    Still, why be such a dickhead about just answering the door? I saw you mentioned that your daughter is well known by the police….AND you thought the officer might want her? Why? Just curious, not really pertinent to the discussion other than maybe that explains your dickheadedness.

  14. steve October 30, 2013 at 8:23 pm #

    get a lawyer and dont ask for advice on this site.

  15. BJ October 30, 2013 at 8:47 pm #

    t. says:
    ORRRRR, you could be less of a dickhead, answer your door like an adult and have a lot less hostile interaction…..and a kid all of the problems. Just saying

    Hmm? Who’s the dickhead. Cop knocks on the door and rings the doorbell and gets no response – assumption from most non-dickhead people would be that no one’s home or they didn’t want to be disturbed but what does a dickhead do? He pounds on the front window.

    Once you open the door and see it’s a cop or Avon lady for that matter, the best course of action would have been to politely answer that no you didn’t know the person the cop was inquiring about or that you’re not interested in any Avon Products then excuse yourself, close the door and continue with your evening. Just because someone knocks on your door doesn’t mean you have to engage that person in a conversation be it a cop, an Avon lady, or a Jehovah’s Witness and choosing to engage in a conversation with a cop that knocks on your door is far more dangerous than engaging in a conversation with the others mentioned.

    Knock and Talk is a tactic. Don’t fall for it. It’s a fishing expedition with the hope of gathering information that leads to an arrest. If he had a search warrant he would have barged right in as soon as the door was opened and if he had exigent circumstances he wouldn’t wait for you to open the door.

    This is another fine example of why you shouldn’t talk to cops unless they are acting on your behalf. Doing so leads to all kinds of outcomes, most of which are very bad for citizens.

  16. t October 30, 2013 at 9:39 pm #

    bj: Really. You can’t tell when people are at home when your standing nnthe front porch? Can’t see the lights? Can’t hear the TV? Can’t hear the folks moving around? Hmm, maybe its just a cop thing. I can always hear them.’ Oh well.

  17. Shawn October 30, 2013 at 9:51 pm #

    @t

    Some people just ignore the door at meal times. Solicitors can get annoying. Note, that the guy apparently had no idea who was at the door until he finally went to answer it.

    And BJ is right about the fishing expedition and engaging the officer. He didn’t have a warrant to enter the house, or he would have. Same if he had real cause to believe the suspect was there. He was HOPING to find the suspect. Again, fishing.

    Oh, and while you are on the home owner, remember the cop was interrupting dinner. Do you particularly enjoy that when it is over business you care nothing about?

  18. akkard October 30, 2013 at 11:03 pm #

    I don’t know. Maybe that cop didn’t have a right to arrest you or search your house. But you sound like a fucking liar, sir! Is it routine for you to ignore someone pounding on your front door? You must have been expecting it and hoped whoever it was would go away because you didn’t want to deal with the cops. If you were not the person he was looking for, then simply giving him your name and birth date should have been enough to verify that.

    And next time? Stay in your fucking house and talk to him through the window. You can even show him ID through the window, if necessary. If he has a legitimate reason to be there, make him kick in the door if he wants to come in that bad. You may have cause for complaint then. In the meantime, stop lying!

  19. KAZ October 31, 2013 at 12:44 am #

    This is another contempt of cop case plain and simple. Cops need to learn that when we tell them NO it means NO. It does not give police permission to violate your rights, handcuff you and place you in a cop car.

    —-take away all police immunity for a safer America—-

  20. RadicalDude October 31, 2013 at 1:36 am #

    Get the police report, find out if there was even a warrant. Send a discovery request. Ask about who this person was, why he was wanted and why they thought he would be there. Does the warrant have your address on it? Were there perceived exigent circumstances? Doesn’t seem like there is enough here to make a charge stick. After you beat the charges, sue the cop in his individual capacity.

  21. t October 31, 2013 at 6:40 am #

    Shawn: whatever guy. Again….in yours and and @kaz / @radical’s scenarios, the officer simply has nothing better to do than stop at random houses and make things up in hopes to arrest innocent homeowners for nothing. Yeah, that’s believable.

  22. Common Sense October 31, 2013 at 7:58 am #

    PO is correct.

    With a felony arrest warrant, the police can search the “home address” of the person listed on the warrant for them, without any other search warrant.

    If that named person is in the home of another person, then the police need an actual “search warrant” for that house and the item being searched for is “Joe Doper.”

    If they find something in “plain view” they can get a second warrant and then search the entire house.

    …this is a non-incident.

  23. RadicalDude October 31, 2013 at 11:25 am #

    There’s nothing from the story to suggest the cops had a search warrant for this address. The story pretty much paints a picture of a classic contempt-of-cop arrest. The victim did nothing to actively obstruct the cop. How is a kidnapping, battery, false arrest, false imprisonment and criminal trespass a non-incident? This cop committed about half a dozen felony crimes. I guess it is a non-incident in the sense that this is probably normal behavior for cops nowadays.

  24. Buspass October 31, 2013 at 12:33 pm #

    Don’t open the door.

    Ever.

    If you don’t want to talk to them or give them info, then there is no reason to even allow the exchange to take place.

    And always have a camera available.

    Always.

    It’s really that simple.

  25. t October 31, 2013 at 8:20 pm #

    Pass. Very adult attitude.

  26. RadicalDude October 31, 2013 at 8:49 pm #

    Indeed.

  27. John Q Public October 31, 2013 at 10:47 pm #

    “I asked which law states this and he said he had a warrant for a person’s arrest and that he was conducting an investigation.”

    Evidently he had a warrant.

  28. RadicalDude November 1, 2013 at 1:00 am #

    Ya, maybe had an arrest warrant. Different from a search warrant. And was it for that address? Very doubtful, and if not, that isn’t enough to enter the house and constitutes criminal tortious conduct. As usual, the police are the only criminals at the crime scene, and the only victim is the person targeted for more senseless police gang violence.

  29. Common Sense November 1, 2013 at 6:50 am #

    This is a non-incident because it never happened. Its a fantasy created in the mind of an activist.

  30. RadicalDude November 1, 2013 at 12:58 pm #

    Wouldn’t rule it out

  31. JohnHenryHill November 2, 2013 at 10:36 pm #

    Are you THAT stupid?

    Take my lawyer’s advice:
    1.) NEVER, EVER open the door to a cop. And NEVER go outside to talk. Always stay indoors and talk through a window — or even better, just don’t respond in ANY way. Just ignore the pounding; you are NOT required to make any appearance or respond in any way.

    2.) If he has a search warrant, demand that he show it to you via the window. If it is a genuine SEARCH warrant, tell him you will stand by the window with your hands ON the window so they are clearly visible. Then tell him that IF he has a SEARCH warrant, he should break down the door! (He would NOT be knocking if he truly had a search warrant. It is MUCH less expensive to re-hinge the door and replace the door jam than to hire a lawyer and pay a fine.)

    3.) Always VIDEO !!!!!!

    Note that an ARREST warrant is NOT a SEARCH warrant. Therefore, since he was obviously not an the alleged criminal’s residence, an arrest warrant does NOT allow him entry to your home. Period.

    And, YES, this is indeed legal advice – from my lawyer.

  32. John Q Public November 4, 2013 at 12:01 am #

    The United States Supreme Court, in Payton v. New York, held that an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within. This includes both felony and misdemeanor warrants. My advice to you: get a new lawyer.

  33. 1078 November 4, 2013 at 12:07 am #

    ” He asked me if I know some dude I have never heard of and I explained that I have owned the home for thirteen years and that name has never come up at my address”

    ” He again asked if it’s possible that he is in my home and I told him it wasn’t.”

    ” I then stated I thought he was there because of my daughter, who gets into trouble and that deputies have been to my home dozens of times for. He said he knows my daughter.”

    DOZENS of times? And that means the cops were dicks because they thought some criminal may be there?

    The is more to the story then what is written here.

  34. RadicalDude November 4, 2013 at 11:38 am #

    “John Q Public says:
    November 4, 2013 at 12:01 am

    The United States Supreme Court, in Payton v. New York, held that an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within. ”

    The way this story is told, it seems like the “suspect” isn’t a resident at this house. Not really clear why the cop thought the suspect would be there, would be interesting if that ever came to light.

Leave a Reply