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My 4th amendment rights were violated 1-15-12 in Desoto county Mississippi. The house I currently live in I used to rent out. My former renter had problems with the neighbors throwing rocks and balls into the yard and jumping the fence between us, trespassing. The basketball goal is intentionally 2 feet from the fence. The renters moved out when their lease was up. Then I moved in and have been back over a year. The problem with the neighbors has continued with up to 30 rocks a day. I have talked to the kids and adults explaining my lawn mower could hurt someone with them or break a window. And the fence is damaged from them repeatedly jumping it entering my property. That they could get hurt plus this is my property and the ball is kicked so hard it hits my truck and friends cars causing the alarms to go off. Several times it rolls under my truck. I have phoned the police who have come out and agreed it was my property that I needed to give them one warning and I could file charges and keep the balls.
Sunday, 1-15-12 a boy came to this same neighbors house when no one was home. No one knows who he is; he was around 10 or 11 and had a small boy with him around 5. He kept throwing a ball into our yard and jumping the fence. My oldest son gave him several warnings to get off our property. The ball was very close to the other side of my yard where my trucks are, so my oldest son, Alec, took it. The boy phoned police, Officer Ben Bynum (badge 1173) and Dale Bryant (1226) knocked on my door. When I opened the door I immediately told them I was not allowing them in the house unless they had a warrant. Bynum asked if I had the boy’s ball. I did not have the ball and did not know where it was I told him. I then tried to explain how this has been going on for over 2 ½ years and as a property owner have the right to protect my property. The boy in a matter of 10 min had come into my yard more than 10 times after repeatedly being told to stay off. Officer Bynum said you’re not the one described to me as taking the ball. Officer Bryant went off, cursing and yelling that I phoned the police and what the hell is the problem, dam it etc. I kept saying I didn’t phone anyone because this has already been discussed with the police several times and I was told I could keep what came in my yard and file charges. Bynum said the boy could file charges, I told him I knew an adult has to file and that he was alone and didn’t even live next door, he was trespassing and that I want to file charges for trespassing. Officer Bynum went off and screamed get your license. As I walked away my oldest son was standing by the door I again said to the officers you are not allowed in my home that I was going to call Officer Lee Holiday who knows me. I walked to my room to get my license and phone, my license is normally next to my phone on my dresser so I checked the pants I put on that I grabbed off the floor. I realized they were with my other cards in my jacket. The jackets are kept on a chair by the front door. There are three North Face jackets. When I walked back to the living room officer Bynum had his hand and foot inside the threshold of my door. I felt threatened and violated. I asked him to remove them he refused; instead he started pushing the door onto my son. I told my son to close the door officer Bynum then shoved the door into my son slamming him into the wall and leaped at me saying he was tired of this crap that he was investigating a crime that I was under arrest. Officer Bryant jumped in my home and kept pushing my son into the wall. My son could see officer Bynum was hurting me and was very concern for my safety he knows I have medical problems. I was cuffed and dragged outside my home with no shoes. My oldest son, tried repeatedly to get my phone but Officer Bryant blocked him in the door way. My son said what the hell, I can’t get my mom’s f’ phone? (He did not say the word) Officer Bryant drags him out of the house and arrests him for disorderly conduct, saying he was too close.
I do not know why I was asked to get my license. I was trying to find them when officer Bynum violated my 4th amendment rights and I felt violated. Officer Bynum became angry when I made the request to file trespassing charges on the boy. Officer Bynum gave my rights away as a property owner to a child when he told me I need to get over it and let the kid in my yard to get his ball over whenever he wants to. He refused my rights when I asked to file charges on the boys for trespassing and my civil rights. There was no probable cause to enter my home. This is an abuse of authority and malicious charges and obscene words. Officer Bryant yelled out loud to another officer in from of my son “what’s society coming to with these (and said my sexual preferance)?” He showed discrimination against me.
Don’t I have rights to say who is allowed on my property?
Did the officers violate my civil rights (4th amendment) ?
Do I have to comply to give my divers license while I’m in my own home?