Tommy,
That was a thoughtful response from you. I read lots of good advice,
here. You know, I never thought about some of the issues you raised,
e.g., that he may or may not have a record, past history, etc. He
certainly seems harmless and very sincere in his love of all things
Asbury. You're right, that the police should follow up, but why the
big display of police power? Who did they think they were pursuing,
Simon Legree? Werner is a slightly built person. I never judge a
book, by its' cover and anyone is capable of anything, but Werner? No
way! On top of that, he was on medication and incapable. My humble
opinion. You know what they say about that; they're like a**-holes!
Everybody has one! Just wanted to thank you for the intelligent,
professional advice you gave. Please, no flames, because Tommy is
really a very, nice, person, regardless of his responses.
--- In AsburyPark@yahoogroups.com, "justifiedright"
<[EMAIL PROTECTED]> wrote:
>
> I've seen police have to pay for an arrest and taking someone into
> custody when there was no probable cause to do so, but I'm not
> familiar with any tort cases arising from a property search (could
> be wrong - I didn't research that before answering).
>
> Since consent was given here, I'd say a tort case is out of the
> question though.
>
> I don't see the police as acting unreasonably here. They did have
> to investigate the call, regardless of whether they could or
> couldn't get a warrant for a search. A search is only one
> investigative tool.
>
> Consider too what is happening in law enforcement in NJ this week -
> what happened in Egg Harbour is the #1 issue right now. So police
> get a tip of a body in AP - they have to follow up on that. They
> can't give Werner a pass because they know him, even though you me
> and they are 1000% sure from knowing Werner that it is absurd to
> think he would have a body in his basement. The police still have
> to follow up or they aren't doing their job.
>
> One other thing we have to consider is whether or not Werner has a
> record. I'M NOT ASKING HIM TO TELL US! PLEASE DON'T! IT'S NONE OF
> OUR DAMNED BUSINESS! But if the police pulled his record and there
> was something there [say a weapons' charge, an assault charge -
> anything], adding that to the tip, that might explain why they were
> there.
>
> I'M NOT SAYING WERNER HAS A RECORD. PROBABLY DOESN'T. DON'T CARE IF
> HE DOES! I'm speaking hypothetically, because I'm being asked about
> hypotheticals.
>
> Werner's a sweet guy. He'd probably open a door to let a spider out
> rather than step on it.
>
> If he is thinking of going after the cops, he shouldn't because they
> did nothing wrong and he will waste his time. If he is thinking of
> going after the tipster - he should and I hope he nails the perp!
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