By runsinthefamily - 04/10/2014 16:31 - United States - Aurora
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Damn that's shit. Sorry to hear OP! I'm wondering if your neighbour was crazy was his daughter crazy as well?
If you don't actually own a gun and can prove it(i.e Allowing the police to search your possessions), threaten to file misconduct and also report the false call.
Cops won't listen if you say you don't own one. You have to prove you don't own one. Guilty until proven innocent in these kinds of cases. But the neighbor can be in deep shit for a false police report. I dunno about where OP lives but here in California the police can pretty much send you a bill to the tune of 250$ per officer for false police reports. That's considered a "minimal" punishment.
Never let the cops search without your lawyer present and while filming them. Better to get taken to the station where they have nothing on you besides the moron that called the cops. Pisses me off that assholes do stupid shit like this. Cops do have real problems to attend to. Coulda cost someone their life.
Well when filing misconduct you generally should have a lawyer aid you. If he does own a gun they still need to prove he had it in his possession and did threaten violence with it before they can legally confine him. So he still has grounds for misconduct if they did take him to the station for more than questioning which would have to be voluntary on OPs part without reasonable grounds.
#32 what's "proper law" and what's the "right" way to handle this are completely different. If cops didn't take these types of accusations seriously there would be a lot of problems. Here's a fine little example of how stupid innocent until proven guilty is in this situation. Person A "person B threatened me with a gun." Cop asks person B "do you have a gun?" Person B "nope." Cop "ok have a nice day." Cop drives away person B shoots person A now the cop is a bastard because he didn't do "his job." So yeah you're guilty until proven innocent in these cases and that's the smart way to do it. You can break it down and probably sue the pants off the police department either way so it's no win for cops but I personally think "better safe than sorry" applies here. This is why person A can be in such deep shit.
They still can't arrest you without reasonable grounds. If they could, than false reports would be far more common. They cannot legally just take anyone's word for it and arrest someone unless they feel they are acting in good faith and have gone through proper procedure (Pat downs, obtaining search warrants, etc). If they didn't, then misconduct can still be filed on OPs part.
I don't think you know how easy it is to hide a gun. I'd rather cops play it smart on shit like this and then just slam the person making false police reports once everything is cleared up. Which they do in my experience and I'm glad they use common sense over a blind adherence to flawed laws. But this argument is a lost cause so I'll give up. No way in hell could a cops actions ever be correct on the internet. Also we must blindly follow Americas flawed law system even when it can potentially put people at greater risk.
Police actions and the law are two seperate things, really. If that wasn't obvious from the case in Ferguson. I'm not saying the police are right or wrong in OPs case. They don't specify if it was questioning or detainment, or if it's detainment with police enacting good faith. From the information given, OP can threaten to file for misconduct in order to gain proof of a false report and turn the interaction onto the neighbor.
Cops don't PREVENT any crimes, they simply RESPOND to "crimes" that already allegedly happened. Even then, more often than not they just take down a statement and tell you they will be in touch and that's the last you hear from them...until they pull you over and ticket you for a bogus infraction.