After receiving a call about a man with a gun on Friday night, October 9, Southampton Village Police officers made a 27-year-old man lie down in his driveway and they searched his car and home before finding that he did not, in fact, have a weapon.
According to police reports, a 911 caller reported a man wearing gray sweat pants, a black T-shirt and a doo-rag, who had a gun. The caller said that the man owned a black GMC Jimmy.
Police found the GMC Jimmy in the driveway of a home on West Prospect Street and saw a man fitting that description walking out of the home.
Officers told the man to put his hands up and get down on the ground, which he refused to do. Two officers then grabbed the man by the arms, placed him on the ground and put him in handcuffs.
Police searched the man, the GMC Jimmy and the West Prospect Street home but did not find a gun.
Southampton Village Police Chief William Wilson noted that the initial caller was slightly inebriated.
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Did the police know the caller? Was he drunk? [see comments of Chief at end of article] Did the caller provide additional details not reported in the article?
The responding officers apparently did not see a gun at the residence. They went on to private property, apparently without a warrant, man-handling the victim, searched his car and home, only on the basis of an anonymous call?
WHAT FACTUAL BASIS did the police have ...more for making a warrantless detention of the man, and a warrantless search of the car and house? Were there "exigent circumstances" which justified the lack of a warrant? Or was the anonymous phone call the sole basis for their actions?
This incident raises serious questions about whether our local police are aware of the Constitutional limits on warrantless searches and seizures on private property, especially when based on an anonymous call by an "inebriated" person!
I invite Chief Wilson, and the Village Attorney, to reply with additional facts here, or to Ms. DiNapoli the reporter.
Thank you.
I am quite sure they will find the caller to investagate. No one can judge the situation. That guy could have hid the gun or if he did have a gun someone could have been hurt or killed. When police told him to get down he refused to comply ... Big mistake even if there was no gun.
Is the 911 tape still available for public review?
In NYC they'd put the cuffs on him, step on his foot, slap him around and poke him in the eye. Then they'd taser him, go through his pockets for loose change, and release him on the F train without his pants on....
And here the Police take such extreme actions ...more as searching a home on the basis of an uncorroborated 911 complaint. If this complaint was anonymous it is that much more egregious. Unfortunately this type of situation would occur anywhere in Suffolk County. Unless enough people complain or someone takes legal action everyone is subject to such treatment unless they appear respectable to the responding officers. Uncorroborated 911 calls are a common way to cause difficulties for one's intended victims. Some jurisdictions give them scant credence unless the reporting party has been verified first - time permitting.
And for all of you who think differently ... keep your comments to yourselves. If you were one of the police officers who responded .. YOU WOULD HAVE DONE THE SAME THING !!!!!!!! Keep up the great work Southampton Police Dept. !!!!!
Checking things like this is what a cop does. That is the job. If a cop gives an order you do it. End of story. If they feel there is danger they will cuff you until everything is sorted out. If you are innocent and you don't have a gun the cuffs come off and everyone goes home. Big deal.
...more The lack of respect for authority these days is disgusting. Refusing to cooperate with police during dwi stops. Yelling at police who are conducting dwi stops. Shouting "liar!!!" at the PRESIDENT! It needs to stop.
Checking things like this is what a cop does. That is the job. If a cop gives an order you do it. End of story. If they feel there is danger they will cuff you until everything is sorted out. If you are innocent and you don't have a gun the cuffs come off and everyone goes home. Big deal.
...more The lack of respect for authority these days is disgusting. Refusing to cooperate with police during dwi stops. Yelling at police who are conducting dwi stops. Shouting "liar!!!" at the PRESIDENT! It needs to stop.
If you feel that the responding officers were justified doing what they did, I have a suggestion.
Please post the address of your residence, a general description of your appearance, and the location of your bedroom in the house.
The please authorize anyone reading this string of comments to make an anonymous call to the police at midnight some night, telling them that you have a gun in your closet.
How would you feel waking up to this ...more kind of assault on your private property, based on an anonymous tip?
Does this possible scenario change your analysis of the situation above?
The police are not free to "protect" us based on random anonymous information. If you don't realize that these Constitutional limitations also protect YOU, then it may be a good time to think it over in a cool-headed way.
Have a good weekend.
PS -- There was NO GUN ANYWHERE according the police. "Maybe, what if, etc." is not a gun.
But hey!, nio one was injured, so the next step is to ascertain the identity of the "prank caller,"
-- Chief Wilson
-- SH Village Attorney DePetris
-- amazinggrace
-- private
-- Joe Shaw about the lack of reporting updates
Quite a pregnant silence IMO.
What really happened?
Tongues cut off?
Our Constitution is DOA at Conscience Point North Sea?
Has the PD even questioned the caller?
Lots of unanswered questions -- too many for a democracy.