Payson, UT asked in Civil Rights and Constitutional Law for Utah

Q: Police walked in my garage&detained me for not letting em in. Took my phone wouldn’t let me record. Much more.CanIfight

I called on the neighbor but they told them someone lived here had a warrant. He doesn’t live w me & he left earlier but they arrested me & took my phone & pushed me around wouldn’t let me record or call my mom to get my kids & I sat in copCar w cuffs so tight for 2hrs. They charged me w obstruction but I didn’t think he was there & was trying to go in my house when he grabbed my arm & yanked me off my doorstep & cuffed me without telling me first or asking to put my hands behind my back. I have bruises on my wrist & arm from him & he was disrespectful. I didn’t think they could just come into my garage for no reason & arrest me & seize my phone just to prevent me from recording or calling my mom to get my kids. Can I get out of the charge of obstruction when I didn’t even know he was there? He had came back 5 mins before they showed up & came in through the garage. I was at the front door talking to them & thought they left & went in the garage to make sure all the doors were locked w

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In your situation, there are several legal concerns that should be addressed. Firstly, the legality of the police entry into your garage and subsequent actions depend on whether they had a warrant, exigent circumstances, or another legal justification for entry. Without a warrant or exigent circumstances, the entry may be a violation of your Fourth Amendment rights.

Regarding your arrest and the charge of obstruction, if you were unaware of the individual's presence and did not willfully obstruct the police, these are important factors in your defense. It's crucial to gather any evidence that supports your version of events, including timestamps, witness statements, or video footage if available.

The treatment you received, including the manner of your arrest and the refusal to let you record or call for assistance for your children, raises additional concerns. Document any injuries you sustained, and consider seeking medical attention to have them officially recorded.

To challenge the charges and address potential rights violations, it's important to consult with a criminal defense attorney. An attorney can review the details of your case, advise you on your rights, and represent you in court. They can also help in filing complaints against any police misconduct.

Remember, it's important to act quickly to ensure your rights are protected and to build a strong defense against the charges you're facing. An attorney's guidance will be invaluable in navigating this complex situation.

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