AboutJack Toomey Expertise Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court.
Retired police officer with 26 years experience. Worked in the patrol
division as well as over 14 years in the detective bureau. Investigated a
wide range of crime such as murder, rape, robbery, theft, fraud, missing
persons, and other very sensitive crimes. I am available to answer your
questions about criminal law and especially as it applies to police work. I
taught at the police academy for several years and am especially
knowledgeable about search and seizure. Any question about criminal law is
welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, mising persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials Bachelor of Science degree in Criminolgy from the University of Maryland.
Question Mr. Toomey,
I live in a small town and our police officiers seem to do what they want when they want. On Saturday night they went to a private party and never showed a warrant and did not answer the owner when he asked who was in charge and what they were doing there. These were teenage kids sleeping over in tents..No alcohol, no drugs, all had permission.They searched and humiliated 5 or more kids. The owner was running for a city commissioner spot in our city election on the following tuesday. he is a disabled citizen with parkinsons. Regardless is that legal? Should they not have given an explanation of why they were there? It involved city police and another county other than ours and the one they were in....we feel an injustice has been done.Not getting into the politics which is atrocious they do these kind of things to keep others from being in our city elections. None of these kids have ever been in trouble. The kids even made a video of what happened and explained it.It was sort of a harrassment for the owner through the kids. Should we call a lawyer? It was the idea of this ordeal and the fact they are always intimidating others now our kids? thank you in advance for your suggestion. DS
Answer Darline,
You asked whether the actions of the police were "legal". You didn't mention whether anyone was charged with a criminal offense but I assume that they weren't. For the actions of the police to be "illegal" it means that they would have to commit a crime and from what you have told me I don't see how the police have committed a crime. Most likely they were acting on a citizens complaint and investigated. Had they found contraband (alcohol or drugs) then they defendants (the teenaged kids) might have had a reason to argue in court that the actions of the police were without a warrant and thus the contraband might not have been admitted into evidence at their trial.
But since apparentely no one was arrested there is nothing to exclude as evidence.
You have asked whether you should call a lawyer. I would have to ask you what would the lawyer do since no one was arrested? If you are thinking about suing the city then you would have to prove that the police acted with malice and that is a very difficult burden to prove.
It seems to me that you would want to speak to the supervisor of the officers who responded to the house and get a better understanding on what happened and why. If you aren't satisfed then talk to an attorney and see what he says but remember attorneys don't work for free.
