Legal Question in Criminal Law in Missouri

Can police do this? What are my rights

Ok heres my question.I live in st.louis county but in order to get here we have to drive through a small municipality which is called bella villa and has horrible police officers who think they are above the law persay.Well this evening they pulled over a drunk driver.(they did something good for a change) but anyways my neighbor who is ver against this municipality mouths off to them..nothing to harass them or anything just said can you please stop blocking my driveway you have done this three times already today.well they told him to shut up and mind his own business so my neighbor asked them again,can you please stop blocking my driveway.Well to make along story short as he is walking back into his house from his front pourch they pull him out and arrest him for harassment and they pummeled him to the ground with excessive force.Now is this just me or were they out of there jurastiction? Isnt there a freedom of speech? Cant you ask someone to move from blocking your driveway? Now what i really want to know is if he asked the police officer to not step foot on his property doesnt the cop have to bey that if he has done nothing wrong but ask them to stop blocking his driveway?


Asked on 9/17/08, 10:10 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Can police do this? What are my rights

The situation you described is deplorable. The officers should not have arrested yoru neighbor for making arequest relating to his property. However, small municipalities cannot afford to hire officers that are as good as those in larger cities. They kind of have to take wht they can get. For that reason, I do not believe that a civil suit would be worthwhile, unles there is another basis to explain the arrest. At the least, you (if you witnessed the incident) and your neighbor should lodge a complaint with the city and perhaps with the attorney general's office in Jefferson City. They can't fiz what they do not know is broken.

If your neighbor wishes to pursue the matter more, they should contact an attorney in their area to examine all of the facts. They may have a case, but based upon the limited facts you described, it may not be profitable.

Good Luck

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Answered on 9/19/08, 1:37 pm


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