Sheriff Misconduct Legal Violations
Summary
In Beaver County, Pennsylvania, sheriffs must have a valid warrant to enter a home. The Fourth Amendment protects against unreasonable searches and seizures. Excessive force or harm to individuals can lead to claims of police brutality and assault/battery charges. The actions described, including the use of force and endangerment of children, may constitute serious legal violations. Consulting an attorney specializing in civil rights and police misconduct is advisable for personalized legal guidance.Full Conversation
What are the laws surrounding Sheriffs breaking into an individuals home, harming his wife, to execute a bench warrant
Hi ****, here's some general information regarding the situation:
- Sheriffs must have a valid bench warrant to enter a home.
- Use of force must be reasonable and necessary.
- Excessive force or harm to individuals could result in legal action against the sheriff's department.
- The Fourth Amendment protects against unreasonable searches and seizures.
Where are you located? Laws can vary by state.
- Sheriffs must have a valid bench warrant to enter a home.
- Use of force must be reasonable and necessary.
- Excessive force or harm to individuals could result in legal action against the sheriff's department.
- The Fourth Amendment protects against unreasonable searches and seizures.
Where are you located? Laws can vary by state.
Beaver County, Pennsylvania. I'll explain the entire scenario and please provide exactly what was violated and what was unlawful and what illegal.
Hi ****! Based on your location in Beaver County, Pennsylvania, and the scenario you provided, here are some potential legal violations:
- Fourth Amendment: Protects against unreasonable searches and seizures. Sheriffs must have a valid warrant.
- Excessive Force: Use of unreasonable force can lead to claims of police brutality.
- Assault/Battery: Harm to an individual without lawful justification can lead to these charges.
Could you provide more details about the incident, such as whether the warrant was valid and the extent of the harm caused?
- Fourth Amendment: Protects against unreasonable searches and seizures. Sheriffs must have a valid warrant.
- Excessive Force: Use of unreasonable force can lead to claims of police brutality.
- Assault/Battery: Harm to an individual without lawful justification can lead to these charges.
Could you provide more details about the incident, such as whether the warrant was valid and the extent of the harm caused?
* am. Myself, My fiancé David Ellis Jr and my son * yrs old Nicholas Knight and my * autistic toddlers * & 4 years old. At * am I was laying my * yr old Autistic daughter Ella down, on the 3rd floor and I hear pounding at the door. I go down and ask my fiancé who is bed ridden due to having his 2nd surgery on his foot and ankle * weeks prior, was he expecting someone, which he says no. I then begin walking towards the door. I have wooden blinds on the front door and as I approach the door I see my Landlord Gregory Hopkins sliding his key in my front door lock and unlocks the door and my door begins opening, I grabbed the door and a 6ft 5in Sheriff is standing there. I immediately asked "May I help you" he says "yeah I have a warrant for David Ellis" my response in complete shock as my fiancé has no criminal record besides a case 2 years ago where my fiancee took a job that turned out to be a complete scam, that he was approached with online when applying for Employment. He was sent his check for compensation and cashed the check at a local grocery store and about * weeks later, knowing nothing was wrong with the check, on New Years Eve a family friends vehicle gets hit while parked out front of their home and he went over for support and as the police arrive they stunningly asked him for his name, he of course thinking nothing of it, complys, and he is immediately arrested. He is confused and tells them it has to be a mistake he has no record. They tell him its for cashing a fake check. He is taken to jail and released a few hours later. The grocery store owner pressed charges. This is the only matter David is involved in and we had no idea, received no official notice of missing a hearing and absolutely no notice of a warrant being issued which their must be notice before issuing a bench warrant. Back to my response: Isaid "what? David? For what?" He said "he missed a hearing" I said " you realize he has one leg right now he just had surgery last week " he said " I don't know anything I know I have a warrant" I said " ok can you please take your foot out of the door" he said "no i won't im coming in" i said "what are you doing are you actually going to ram the door Into me right now" he then presses on the door and signals for the * other 6ft + sherriffs to assist him. I then quickly responded " I would like to see the warrant and I yelled for my son to please get my phone" at that moment a sherriff behind him said "she's not recording shit" and the 6ft 5in sherriff then kicked the door into my chest. I fly backwards the sherriff comes in grabs me by my neck slams me face first into my stairs to the 3rd floor where my * unaccompanied Autistic toddlers are, uses his forearm to press as hard as he can into me , the sherriff then yells " cuff her she's coming too". I'm screaming "stop i have * babies upstairs by themselves" the one sherriff grabs me by my neck and my right arm that is extremely deformed from a botched surgery that resulted in the plate and bone in my completely flipping upside down, he is yanking and twisting my right arm and hit my head off the door frame to the kitchen twice and then tosses me onto into the kitchen and then slams me over the glass kitchen table and says " I don't care you should of thought of that" as I was screaming about my children the entire time. Immediately * sherriffs are on me bending my arms behind my back WHILE IM NOT RESISTING AND THEY ARE YELLING " STOP RESISTING ". A sheriff officer with a M-* is going through my home along with * -* other Sheriffs. The Sheriff with the M-* goes upstairs where my children weren and I said "you cant pull a gun in front of my toddlers let me go to them" he slams me into a seat in the kitchen and tells me " you did this dont worry about what theyre doing".. referencing to either my children or the Sheriff with the M-* or both. I asked again for the warrant and one of the Sherriffs says "I dont have to give you shit". THE SHERRIFF IS TAUNTING ME. "I said why are there * of you and why are you searching my entire home?" The ignorant Sheriff says " Because theyre looking for more bad guys " I looked confused and said "what bad guys" his response was "well lets see (points at my Fiancé and says) so thats one bad guy" I said "so because he has a warrant hes a bad guy" his response " yeah it does, does that make you mad, (gets in my face) are you upset I called him a bad guy?" I just stared at him in total disgust that thesevare the actual Sheriffs of this town. I AGAIN pleaded about getting to my children and the same ignorant Sheriff says to me " don't fucking worry about then stop acting like you spend */* with your children" I responded " Yes I do spend */* with my Non Verbal Autistic children, and I dont consent to * Sheriffs searching my home for no reason, cuffing me for no reason and forcibly causing neglect to my children for no reason" he then says "I suggest you shut your mouth".Its sickening. My children were alone for almost * minutes on the 3rd floor with absolutely no child gate up at the top of the stairs whatsoever. The sherriff who kicked the door into my chest is talking to my Fiance and instructs him that he must go to the courthouse by Monday December 2nd * and go to the Public Defenders office. He then looks at me and says "and you you'll be getting papers in the mail and if I have to come get you, next time Im not playing with you, I'll just tase your ass and drag you down those fucking stairs outside". He says to the ignorant sherriff "take the the cuffs off her". Just then i hear my non verbal year old son behind me, i turn and look and he is naked standing in the freezing cold doorway that is wide open about to go out onto the porch where he would have fallen down the stairs as my home is on the 2nd floor. I run to grab him and immediately take him upstairs, and I notice that the SHERIFFS WHO WERE UP IN THE ROOM UPSTAIRS HAD STOOD AND WATCHED HIM TAKE HIS PULL UP AND PANTS OFF BECAUSE HE POOPED AND THEY ALLOWED HIM TO TAKE THE FECES OUT OF HIS PULL UP ON THE FLOOR AND THEY DID AND SAID NOTHING.
My fiancé hurt his shoulder and back due to him having to drop to the floor and attempt to pull his body through the hallway trying to get to me when he heard the Sheriffs busting in and assaulting me. I have bruises and my face was injured. They completely broke the railing to the 3rd floor when they slammed me into it, and the unbelievable mental and emotional trauma is tremendous. I am diagnosed with PTSD, ADHD, anxiety and depression. This has caused unbelievable damage and that's not an exaggeration. I can't even think or speak of the incident with crying and shaking. I couldn't stop shaking for hours after it occured.
In the end they clearly saw that my husband had one foot, had recently had surgery, and we explained we received no notice that a warrant was issued. Though they claimed it was mailed. With no proof it was mailed. No certfied mail, no registered mail, nothing. Not to mention my husband has had a broken foot for over a year.
****, based on your detailed account, several serious legal violations may have occurred during this incident:
- Fourth Amendment: Unreasonable search and seizure.
- Excessive Force: Potential claim for police brutality.
- Assault/Battery: Harm caused without lawful justification.
- Negligence: Sheriff's actions potentially endangered your children.
Consulting an attorney specializing in civil rights and police misconduct would be advisable.
Would you like guidance on finding a lawyer or more information on the legal process?
- Fourth Amendment: Unreasonable search and seizure.
- Excessive Force: Potential claim for police brutality.
- Assault/Battery: Harm caused without lawful justification.
- Negligence: Sheriff's actions potentially endangered your children.
Consulting an attorney specializing in civil rights and police misconduct would be advisable.
Would you like guidance on finding a lawyer or more information on the legal process?