INGO I Need Helping Filing a Complaint

[Roland of Gilead]

327-4MAC where you can ***** about anything in Marion county.

327-4JBT should be the number to ***** about JBT's.

 

[Lil Bob]

Well, he's probably not going to illegally enter with the wrong key.
He was NOT breaking down the door.
Had the OP not been there, the key wouldn't have worked.
The constable (or whatever) would have went back to the manager's office to explain.
Hopefully there they would figure out he went to the wrong place.

I tend to agree with you. I would have to believe the constable would not have broken into the apartment, that action was not within his authority. I personally do not see the need to file a complaint, but that is a decision to be made by the OP.

 

[churchmouse]

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.

I have a good friend that is a constable but not in your area. The story's he has about dealing with folks would curl your hair. Not saying he owed you an apology or not. Just saying.......

 

[Frank_N_Stein]

Or nowadays you can just e-mail, that's what I did, not an official complaint but just to let them know one of your guys was being a douche. Much like this case, it was a mistake but the guy sounds like a tool, he just got all defensive and tough because he was embarrassed at his own incompetence.

According to OP he was defensive and tough. There are 2 sides to every story.

 

[Frank_N_Stein]

327-4MAC where you can ***** about anything in Marion county.

327-4JBT should be the number to ***** about JBT's.

We do have a complaint line. 911

 

[BehindBlueI's]

Remember who he was and don't vote for him next time. Or if it was a deputy constable, complain to his (elected) boss that you won't vote for him next time. Constables are technically LEOs, but there's no requirement beyond getting elected.

IC 33-34-6-4
Constable; election; deputies; compensation
Sec. 4. (a) The voters of each township having a small claims
court shall elect a constable for the small claims court at the general
election every four (4) years for a term of office of four (4) years,
beginning January 1 after election and continuing until a successor
is elected and qualified. The ballot must state the:
(1) name of the candidate; and
(2) court for which the candidate is to serve.
(b) Each small claims court shall have a constable who:
(1) acts as the bailiff of the court;
(2) serves the court's personal service of process;
(3) has police powers to:
(A) make arrests;
(B) keep the peace; and
(C) carry out the orders of the court;
(4) must meet the qualifications prescribed by IC 3-8-1-31;
(5) is compensated for each process that is delivered to effect
personal service when serving as the bailiff for the court;
(6) is responsible for:
(A) the preparation and mailing of all registered or certified
service and is compensated for each process served by mail;
and
(B) all the official acts of the deputies;
(7) is compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(8) may require a deputy to give a bond for the proper discharge
of the deputy's duties for an amount fixed by the constable.
(c) The elected constable may appoint full-time and part-time
deputies for assistance in the performance of official duties who:
(1) perform all the official duties required to be performed by
the constable;
(2) possess the same statutory and common law powers and
authority as the constable;
(3) must take the same oath required of the constable;
(4) are compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(5) serve at the pleasure of the constable and may be dismissed
at any time with or without cause.
(d) If there is an:
(1) emergency; or
(2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of
the constable during the emergency or inability.
As added by P.L.98-2004, SEC.13.

I don't *think* there is any ILEA training for constables, but I am not sure.

 

[Gadgetmonster]

What ever happened to common courtesy?
The Constable should have his stuff together before he goes to any door. He tries hard to get into the wrong apartment and when confronted he acts like an ass when he finds out he is at the wrong door.
Whether he was given the wrong address or if he made the mistake he should have realized he confounded the hell out of the homeowner. He did it, no one else. At that time cause did not matter.
And for that he should have apologized, even if it was just a little bit. "Hey man I'm sorry" Would have gone a long way.
There is no excuse for operating without empathy.

 

[Trigger Time]

OK....and he didn't get in because he had the wrong address. Now what?

I was saying if he would have got in. Now what?

 

[actaeon277]

I was saying if he would have got in. Now what?

How would he get in?

 

[Gluemanz28]

How would he get in?

Innuendo

 

[Trigger Time]

How would he get in?

Kick in the door? He's the pOLeece and obviously the occupant didn't respect his authoritay

 

[kiddchaos]

Speaking of fail. Once I was served a summons, but it was for my neighbor. Guy came up to the door, said nothing, handed me the paper. Duh.

 

[actaeon277]

Kick in the door? He's the pOLeece and obviously the occupant didn't respect his authoritay

Really? When he was given the key?

 

[bradmedic04]

 

[The Bubba Effect]

But, what if he did kick in the door and the lease was worded in a way that allowed the landlord, or his rep to enter the apartment if the landlord deems it to be an emergency, but the landlord is actually a woman and the lease does not have a clause stating that any pronouns apply to both genders? What then? I tell you what then, lights out mother ****ers. You can take that to the bank.

 

[dusty88]

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.

because fortunately "nothing happened" this is EXACTLY the time to address both the problem (getting to the wrong address) and the attitude

If one of my employees treats a customer poorly and the customer tells me I don't say "oh well, good thing THAT customer didn't leave". I discipline the employee AND I try to identify a way to prevent whatever error caused the conflict in the first place

Of COURSE he should file a complaint. Attempting to enter someone's apartment illegally isn't "OK" just because he didn't mean it. The very fact he wasn't remorseful illustrates this. The cop (or "constable") should be the one living in fear of what bad things COULD have happened and be figuring out what to do differently the next time.

 

[dusty88]

Well, he's probably not going to illegally enter with the wrong key.
He was NOT breaking down the door.
Had the OP not been there, the key wouldn't have worked.
The constable (or whatever) would have went back to the manager's office to explain.
Hopefully there they would figure out he went to the wrong place.

That's not a valid excuse. It's just another "nothing went wrong". He was entering under the assumption that no one was home. If the door was left unlocked, it might be carelessness but would not normally give someone the right to enter.

 

[HoughMade]

Innuendo

And out the other?

 

[BigBoxaJunk]

The cop (or "constable") should be the one living in fear of what bad things COULD have happened and be figuring out what to do differently the next time.

He also shouldn't litter but what are you gonna do.

 

[red46239]

Holy crap! Look at that giant creature on top of that mountain!!

The guy made a mistake. Maybe a dumb one, but it happens.