This is a serious post, looking only for serious informative responses that will help me in my situation.

Here's the story:

We were cruising on Saturday night, one of our friends got left behind at a light. He called my passenger, we told him we'd meet him at the (Restaurant Name) parking lot. This parking lot is known as a gathering spot for car people. So we weren't that surprised when we pulled in and saw blue/red lights. The lights were on the top of dark blue Explorer, so we knew it was a security gaurd. We pulled into a parking spot away from the crowd.

Immediately the Explorer makes his way straight to us. He's pulling up on the passenger's side. I tell the passenger, "Just tell him we're waiting on a friend." The security gaurd pulls up, wearing a police uniform (off-duty), and this is how it goes:

Cop: You guys either leave now or you'll be arrested for tresspassing and your car towed away!

Passenger: We're going to eat at (Restaurant Name) but we're waiting on a friend.

Cop: Not tonight you're not! You either get out now or you're going to be arrested and your car impounded.

Me: We're gonna get something to eat, we're just waiting for our friend.

Cop: No you're not!

Me: Why not?

Cop: <enflamed> I DON'T THINK YOU UNDERSTAND!

<Cop slams his steering column to the upright position, gets out of his car and comes to my side of the car.>

Me: I understand, but we're just waiting for our friend, he was following behind us.

Cop: You have 30 seconds to get out of your car and into (restaurant name) or you'll be arrested for tresspassing, and the car will be impounded with you <looking at passenger> in it!...So what's it going to be!??"

Me: We're going to get something to eat. <putting top up>

The cop gets back up in his Explorer as we walk into the restaurant.

I informed the manager that the security gaurd was harrassing his customers. He explained that it was not their security gaurd, they did have one outside though, and that that guy was employeed by the property manager. I made sure he understood that I was just letting him know, and he was cool about it - said he would say something to the officer (yeah right).

So I decided I wanted to go get the cops name and his employer's name. I made sure my passenger came with me so that I had a witness to anything that happened.

The cop had parked between to other trucks, and had been sitting there for a few minutes...I decided to walk up. Turns out it was two other off-duty officers. I walked up between the Explorer and the truck. I made sure I walked up slowly, didn't interupt them, they were both staring at me.

I walked up, and this is how it went:

Me: Hi, I'm the guy that you just talked to a little while ago...

Cop 1: I know who you are, you're the guy in the convertible!

Me: Yeah, I just wanted to get the name of your employer, as I have the right to file a complaint.

Cop 1: I'm DPS officer (His Name).

Me: But you're not on-duty with the DPS right now are you?

Cop: No. I'm working for (Company Name).


Me: <repeating> (Company Name)?

Cop 2: <from behind me> Yeah, (Company Name)

Me: Ok, and how is that spelled?

Cop: <spells name>

Me: And what's your name?

Cop 1: I just told you, (His Name).

Me: Ok. <repeating his name> It's just that I have nothing to write this down with. <explaining why I'm repeating everything>

Cop 2: Well that's you're fault isn't it!?

Me: <looked back at cop 2 with a "excuse me" look, but said nothing>

Cop 1: <snaps> Get away from my vehicle!

Cop 2: <quickly getting out of his truck> Step away from the vehicles or you will be arrested for tresspassing!!

Me: I can't you're door just blocked me in.

Cop 1: Get away from my vehicle!

Cop 2: Start walking that way NOW!

Me: <turn and start walking away>

Cop 2: Get out of here now, you're in the fast lane to jail!!

Me: <walked off with witness>


Some people will say that either it will be too much of a pain to attempt a lawsuit, or that I have no reason to sue / complain because the cops didn't actually do anything (physical abuse, or actually arresting me). But threatening to remove my freedom is surely not legal - I was harrassed. If it was a normal citizen saying he'd arrest me I'd have no reason to be offended - but these were off-duty officers wearing their uniforms, abusing their positions. If you've ever had to spend the night in jail because of an unpaid ticket, this type of threat becomes much more than just talk. It's a threat, and harrassment.

I'm simply looking for anyone who might have some experience or information about such a lawsuit. The very least thing I will do is file an official complain with each company/organization involved, the restaurant, the grocery store, the property owner, and DPS. I will be calling my lawyer on Monday, just thought I'd see if anyone else had gone through something like this.

 

Without video and audio you have nothing but an interesting story that will be denied. Welcome to local police out of control.. there are many similar stories all across the country. Until we have better oversight, higher recruiting standards, and better training for local police this kind of crap will continue.

 

I say go for it. You have a witness

 

Yes, but you're witness is your friend, whose credibility and objectivity the court may question.

Not saying your friend is a liar or something, but everyone knows that a friend will stick up for a friend -- and the law factors this into account.

 

Yea, true, but it's better than having no witness.

Problem here is that Cop1 also had a witness so claims may not correlate with each other.

 

I am most definately not a lawyer (but I have seen them played on TV), but I think that for you to be arrested on trespassing charges(in most jursidictions), there has to be a written trespass warning issued first, and on subsequent incidents, would could be arrested.

Also, since you were (presumably) on the leased property of the restaurant, the property management(and their agents) should have little to no say in who visits the restaurant's property provided it doesnt violate the lease.

You might be better making a complaint with the DPS, not the security company, especially if they were wearing their DPS uniforms.

 

I parked next to your car for a little while i guess while you were inside.. i was just going there to meet up w/ some friends..

same dickhead cop pulls up in the explorer w/ the lights on.. 'Ya'll need help finding somewhere to go?' 'no, we're just gonna eat.' i decided to leave not wanting to give him the chance to tow my car.

 

Good, another witness to this "cop" harassing people. I forgot to mention that we had a buddy in his car next to us when we pulled in, he witnessed the first conversation as well.

 

I would file a complaint. If he was blocking you from entering your car that is detainment without probable cause. I would take legal action. Of course, the most that would probably happen is the cop gets a verbal warning and continues to treat the citizens that pay his paycheck like crap.

dickhead cop, I hope his testicles fall off. maybe that's his problem in the first place, they already have

 

I have no real advice for you as far as legal proceedings, but I do have to comment that some folks just should'nt be in law enforcement. They feel it's their GOD given right to enforce the law by whatever means necessary!

This just is'nt so. . .but I've rarely met a cop who wasn't impressed with their "authority!"

Is this what he said??? What Cop 1 said to Wesmaster. . .