INGO I Need Helping Filing a Complaint

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  • alexanjl12

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    14   0   0
    Sep 17, 2010
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    Westside Indy
    I have never had to file a complaint against an Officer as I have never had something to file a complaint for and I am not sure what to do.

    Today I decided to call in sick, and I am very glad that I did so. A little before 2pm someone knocked on my door very heavily, then a few seconds later stuck a key in the door and attempted to open the door. There was no call out of Police or Maintenance, just someone attempted to open my door, but could not get it open with their key(you will see why later). So I grabbed my pistol and was crouched down in my living room. I called out to let someone know I was home, and thats when the Deputy announced that he was police. I went to the peep hole to verify and then told the officer just a minute. I went back to put on clothes as I was just lounging around in boxers, the officer still kept trying to open my door with the key. I yelled at him while hastily getting dressed to quit trying to break into my apartment. He yelled back at me asking "well how long am I going to take" and I explained that I was putting on clothes. I then opened the door and hurriedly got outside my apartment and closed the door behind me, which I am pretty sure the deputy did not like. I demanded of him to know why he was trying to break into my apartment, as he had no legal right to do so, and he replied back that he was the police and that he had the legal right to break into my apartment. I told him he had 0 legal right to be there, and it was at this moment he shoved a paper in my face saying that he had a court order that gave him the right to break into my apartment and that management had given him the keys. He demanded to know my name, as this was the apartment that he had a court order for. I told him my name and then he asked if this was (actual address on court order) and I told him that he was at the wrong street address, that this was (my address). I then made the comment how he had no actual legal right to break into my apartment as he was at the wrong address and I looked at his uniform to see his name which was when he told me to just file a complaint and that his name was R. Smith, and then stuck his shoulder in my face to see what department he was with then just started walking down the stairs, with no apology at all for trying to break into the wrong apartment.

    I went to speak to the apartment office to let them know what had happened, it was then I found out they were serving an eviction notice on the other property. So had I not just happened to call in sick today, everything in my apartment would have been tossed into a moving truck, and taken who knows where, and I have no clue what would have happened with the 2 pets that I had inside. Just thinking of what all would have happened had I not been home has me extremely shaken up, and I want to make a complaint, but I have no clue where to begin. The apartment office has advised they are also going to be making a complaint with his supervisor.
     

    HoughMade

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    Oct 24, 2012
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    So you're going to file a complaint because he got the address wrong...and nothing happened.

    ...and you think serving an eviction notice means they empty the apartment that day.

    OK.
     

    alexanjl12

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    Sep 17, 2010
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    So you're going to file a complaint because he got the address wrong...and nothing happened.

    ...and you think serving an eviction notice means they empty the apartment that day.

    OK.

    He tried coming into my apartment after 1 knock with no calling out of him being maintenance or Police, and then couldn't even offer up a "sorry" that he was trying to get into the wrong apartment? How is that ok?

    I have no idea how the eviction process works, I just know that he had a court ordered eviction, the moving truck was outside, and when I went to the office to let them know, they were loading the other apartments belongings into the moving truck
     

    HoughMade

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    Oct 24, 2012
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    Is it actually considered "breaking and entering" if you had a key?

    ...and a court order.

    Again, this is a case of mistaken address. Since we're going to focus on stuff that didn't happen, do you think he was going to kick the door in, or go back to the landlord and tell him the key didn't work at which time the mistaken address would have likely been discovered?
     

    lovemachine

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    Dec 14, 2009
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    ...and a court order.

    Again, this is a case of mistaken address. Since we're going to focus on stuff that didn't happen, do you think he was going to kick the door in, or go back to the landlord and tell him the key didn't work at which time the mistaken address would have likely been discovered?

    Focusing on stuff that didn't happen, what kind of trouble would the OP be looking at if the officer did enter the apartment, and the OP shot him?
     

    eatsnopaste

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    Dec 23, 2008
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    South Bend
    So what if the officer pissed you off, scared you, ruined your day by showing you how little recourse you have to him making a "minor" mistake. These types of mistakes sometimes end with someone dead..no big deal because this time it didn't happen. Go on about your business, nothing to see here.
     

    chipbennett

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    Oct 18, 2014
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    So you're going to file a complaint because he got the address wrong...and nothing happened.

    ...and you think serving an eviction notice means they empty the apartment that day.

    OK.

    IANAL

    Is there not a requirement to declare service of a warrant of some sort (or equivalent, such as an eviction court order), before forcing entry into someone's dwelling? Shouldn't a police officer, in general, attempt to notify the reason for a compelled interaction?
     

    NHT3

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    I don't think expecting "I apologize, had the wrong address" is asking too much. I also don't think expecting the apartment to have a representative present if they are evicting someone is asking too much.. Personally I would be thankful nothing really unpleasant happened and would look into moving.
    PS.. I wouldn't consider entering without identifying yourself a minor mistake. That situation could have gotten really ugly really quick.
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    chipbennett

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    ...and a court order.

    Again, this is a case of mistaken address. Since we're going to focus on stuff that didn't happen, do you think he was going to kick the door in, or go back to the landlord and tell him the key didn't work at which time the mistaken address would have likely been discovered?

    The police officer had a court order to enter the dwelling at the OP's address?
     

    BigBoxaJunk

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    Feb 9, 2013
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    I believe in karma. I figure if I complained for some little thing like that, he'd be the officer who pulled me over next month for speeding.

    I'd write a note to his supervisor, praising the officers handling of a potentially difficult situation.
     

    BigBoxaJunk

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    He had a court order for a different address. He was at the wrong apartment.

    My guess is that, if it was an honest mistake, that would hold the officer harmless for entry, but wouldn't validate any incriminating evidence that he found.

    At least that's my "Law & Order" take.
     
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