i'm looking for my invite to the whitehouse now.

the fourth amendment to our constitution - one of the venerable notions known as our 'bill of rights' - reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

on the morning of 16 november 2009 i got to personally experience a breach of this fundamental right.

i am sharing this story with all of you, because my attorney (bruce m. margolin) believes that we need to make people aware of this case.  that we need to make people aware that some of our police officers - at least here in the mountains of southern california - are stepping on the constitution and doing harm to the people they are sworn to protect.

on that fateful morning, i was on the phone with mr. j (had been for at least 30 minutes) when there was a knock on my front door.  upon answering i discovered a san bernardino county sheriff's deputy standing there.  the following exchange ensued - please note that mr. j heard everything that i have written here and will act as my "ear witness" in court:

haj: yes?

sbsd: we had a call from this residence to 911.  is everything ok? (or words to that effect)

haj: i didn't call 911 and i am the only one home.

sbsd: was there anyone else here with you today?

haj: my son was here earlier but he left nearly an hour ago.

sbsd: why didn't you answer the phone with dispatch called back?

haj: aside from my husband calling, the phone has not rung this morning.

---- at this point the deputy radioed to dispatch to ask if they had called back and the dispatcher responded that she had called AND left a voicemail. it was also at this point that she revealed the supposed call to 911 was a hang-up.  ----

sbsd: do you mind if i come in and look around?

haj: yes, i do mind.  there is no need for you to come in; as i told you i am the only one home and there is no problem.

sbsd: i am coming in.

haj: not without a warrant.

sbsd: my supervisor is on his way.  you will be arrested.  this will not end well for you.

haj: can you tell me what law says my right against an unwarranted search is abdicated because you say that someone called 911 from my residence?

sbsd: i'm not certain there is an actual law, but under certain circumstances we are allowed to enter the premises without a warrant.

haj: i have nothing to hide.  i will be happy to wait with you while you obtain a search warrant and then you're welcome to enter the house.

--- conversation continued in this vain for several minutes - me standing in my doorway in my stocking feet with one hand holding the phone up to my ear and the other hand on the open door.  the deputy was all the while standing in front of my door with her boot wedged into the door so that i could not have closed it had i tried.  several minutes into the conversation, her supervisor arrived. ---

sbsd #2: what is your f-ing problem?

haj: i don't have a problem, i merely want an answer to my question before i allow you to enter my house without a search warrant.

sbsd #2: what's your question?

haj: what law says my right guaranteed under the 4th amendment is forfeited the minute you say there was a hang-up call to 911 from my location?

sbsd #2: what?

haj: as i told the other deputy, i will be happy to step outside with you with the premises secured while we wait for a search warrant.  or alternatively, tell me the law that is effective here, i'll look it up and if it checks out i'll gladly let you in without the warrant.

sbsd #2: not going to happen.

__________________________________________________________________________________________

at this point i was essentially tackled by the two of them.  i cannot tell you the exact manner in which it happened, but one minute i was standing at the door talking to two police officers and mr. j at the same time and the next minute i was on the floor of my entry way with a very large man sitting on my chest his knees pinning down my arms, screaming at me to put my hands behind my back.  after several instances of me telling him "i can't move, let alone put my hands behind my back" he got off me, rolled me over and put handcuffs on me.

still essentially sitting on me, holding me down, he starts telling me that the police are always justified in entering a premises any time a 911 call is made because someone might be hurt and that the 4th amendment is always suspended in those cases.  meanwhile several other deputies entered my house - and while the phone had been knocked out of my hand, the line was still open and mr. j heard all of this.  the line was finally closed by one of the deputies as they were taking me out my front door.

at no time was i told that i was under arrest or what the charges were.  until i asked the deputy when we got to the jail, my rights were never read to me. 

there is more from the jail, but it's not actually applicable to my criminal case.  although i did find it interesting that i was told by a deputy at the jail "it's time you people learn that you only have the rights we (i took that 'we' to mean 'the police') are willing to grant to you.  all that came to my mind was "i don't think so!"  all-in-all it was the most degrading and humiliating experience of my life thus far.

the same jailhouse deputy accused me of having "no respect for the rule of law or the authority of the police."  i did respond to that one - i told her "i'm 45 years old.  i'm pretty certain that if that were the case you would have seen me in here before now."

mr. margolin was the victorious attorney for timothy leary.  yes, that timothy leary.  and while my politics could not be further from his (although SURELY there will come a day when he realizes the dems are not on his side for his beliefs) he is one of the leading authorities in this country on defending the fourth amendment in criminal cases.  criminal.  me?  it's a frightening fact that right now i am considered a criminal.

i will be formally arraigned on the 27th of this month.  the court date will be set after that.  we do not, yet, have a copy of the police report - the da has promised to hand it over at the arraignment.  we do know that i have been charged with "resisting an executive officer".

i'm fighting this charge.  it's going to be expensive, and i'm not altogether certain where i will get the funds, but i want this arrest off my record. i have never been arrested before (well once i was held for non-payment of a parking ticket from the st. louis airport from my ex-husband, but that was 21 years ago and when the ticket was paid, it went away) and i want this gone, too.  especially since i did nothing more than question how my rights had been abdicated.  according to my attorney, they had not been.

i want my life back, i want my record clean again, and i want people to know how some police treat american citizens.  citizens.  someday, maybe, i’ll tell you how i was treated in jail but right now i’m concentrating on fighting the charges from the arrest.  and if you can help, i could really use it.  please forgive my begging, but if there is any amount you could contribute - even the smallest amount would be greatly appreciated - to my defense fund please do... oh and share this story with your friends.  this is an important issue and my lawyer wants this to get some attention.  we have to fight this - we have to stop this assault on our constitution.  please help if you can! 

Comments

[beamish]

The phone company should be able to tell you if (and if, when) a call was placed to 911 from your home.

Was there a "voice mail" left by the police dispatcher? Do the timestamps match up?

If indeed a 911 call was placed from your home (somehow) this does seem to have legal precedents authorizing a search without a warrant (for example, you call 911 to report a burglary / home invasion, the police have the authority to enter your home). I'd say it is a pretty big gray area here given that the responding police were "merely checking out a 911 hangup call" and didn't know what they were walking into. They do, to a certain extent have to err on the side of "worst case scenarios" and presume a hangup call to 911 "means some emergency is transpiring."

I think the case will hinge upon evidence that a hangup 911 call was made from your home and a dispatcher attempted to return the call - without that, you've got a pretty clear case against the cops.

As far as the mouthy deputies "it's time you people learn that you only have the rights we are willing to grant to you" statement, that alone isn't criminal (being free speech and all) but neither is the proper free speech response - "spend your last paycheck well, dumbass." At best, disciplinary action may result towards the flippant deputy for his remarks, but, there's money to be made in provoking a cop to hit you while you're in custody with mere words. He's on off-the-streets-away-from-the-scary-public desk duty for a reason, you know. ;) Probably forced to keep his bullets in in shirt pocket, if you know what I mean.

I wish you luck in this case. Looks like a hard one to win. I hope the facts are on your side.

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[Always On Watch]

Even when a case is dismissed, getting one's record expunged can cost additional bucks. Or so I've heard. Check into that aspect with your attorney.

[Z]

Beamish, I had my doubts about the situation and have spoken to Heidianne about it numerous times; I felt that, for all the cops knew, she could have been an axe murderer and there was someone she was holding hostage in a bedroom who had found a second to place a 911 call hoping to get someone there ...why would the cops listen to Heidianne who opens the door and says "nobody called...there are no problems here."
But, Heidianne will explain here when she sees this another way of looking at it, and has to me...I hope she does here. It makes sense.

PLEASE, people...try to give a little money to help if you can. Even the smallest amounts will add up! Good luck, Heidianne!

[elmers brother]

Oh Heidianne what hubris and contempt this officers had. I hope this works out for you. I know this sounds funny but you might consider contacting the ACLU.

[Shoprat]

This is unacceptable in every way. God be with you.

[heidianne jackson]

@beamish - i don't want to go too far into things here, but we can take it off line if you'd like.

our attorney will get the phone records if/when he thinks that's necessary. however, at this point he believe that the supposed 911 call is a moot point.

yes there are some precedents that give the police the right to enter without permission and without a warrant when a 911 call is involved, as i have since found out. however, the california supreme court has ruled that (at least in california) a person's refusal to allow entry withot a warrant in regards to an anonymous 911 call does NOT give rise to exigent circumstances.

[heidianne jackson]

vijay, thank you so much for your kind words. i will definitely go check out your blog today!

[heidianne jackson]

z, you're right i could have been an axe murderer. however, without any indication of something untoward going on a simple hang up call to 911 doesn't meet the requirement of probable cause. i don't know for certain, but i got the distinct impression during my conversation with the first deputy that had i actually received a call from the dispatch officer and told her "no, i didn't cal 911 or i did i didn't mean to" that would have been the end of it. how could they know any better over the phone that i wasn't an axe murderer than in person?

additionally, there was nothing threatening in my behavior. i hadn't even showered yet for pete's sake and i was not "dressed" and i was in my stocking feet. i had one hand holding a phone and one hand on a door's edge. she, on the other hand had a gun. had she wanted to come in, quickly, she could have entered. i could not have stopped her had i wanted to.

honestly, i don't know if they called. i certainly never heard the phone ring (else i would have answered it), there was no phone called that beeped in my ear whilst i was speaking to mr. j, AND there was NO voicemail on our phone after the incident took place.

[heidianne jackson]

aow, yes there will be more involved to get it expunged, but we have to try for that as it was an arrest that should never have taken place...

elbro, i'll mention the aclu to my attorney.

shoprat - thanks for your kind words!

[Sondra]

I just have to add one bit of humor, Heidianne... Maybe Arnold will invite you and the sbsd to his place for a beer!

I'll be sending prayers your way, you can count on that! I feel certain you will prevail!

[Brooke]

You will definitely have to keep us posted!

I hope this all works out! How unfair!

[Defiant_Infidel]

1.) My wife called 911 by accident once and received a callback after the mistaken dialing. She assured the dispatcher all was well and it was a mistake... The dispatcher thanked her for clarifying and that was the end of it. Why is you politely telling the responding officer the same thing in person any less adequate or significant?

2.) Surely, the dispatcher's alleged incoming call from your number, with no conversational response by the caller and a hang up, is recorded in full and time stamped with all pertinent calling number information.

3.) Surely, the dispatcher's alleged return call to your number is recorded in full, including the message left by the dispatcher and time stamped with all pertinent calling number information.

4.) You should also be able to easily obtain and verify your incoming/outgoing phone call records... and it seems the crux of their assertions hinge upon these.

5.) I'm hoping, knowing Mr. J., that the "record" button on his cell phone got immediately pushed for this one...

6.) I have the highest respect for officers who conduct themselves honorably and take their job in an effort to make a real difference in the general well being of the population. However, it is precisely these heavy handed, "prove-a-point", belligerent intrusions that the 4th was written to protect us all against. This could be any of us... anywhere... on any day.

Prayers and support coming from this corner, Heidianne.

(PS: I tried in vain to post this comment last night... kept getting a message saying "typepad will not accept your data"...

So hey... you didn't ban my comments here, didja? ;) )

[psi bond]

From the account you give, it appears that the police officers were acting stupidly.

[Law and Order Teacher]

Wow. Sorry, I've been out of circulation because of server problems. I've answered a few 911 calls in my day. I don't recall telling anyone that they have to let me into their house because of a call from there. I have broken into a few houses after no one answered and we had to check out the premises. That was essentially taken care of when phones stopped automatically dialing 911 when the battery was low. It would seem that these officers were a little misinformed about the amount of power they possessed. Good luck with your case.

[Z]

Sondra's comment is FANTASTIC..Good one...
You and Arnold sitting having a beer..I WISH! You could tell him what he's screwed up in our state, but of course, he hired that ultra leftwing chief of staff and it seemed like the very next day we were in bigger trouble than before; she wouldn't let you close to him, anyway.
Sad

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[rani@israel]

in usa once i had to call to abroad and part of the number was 911. police came to my room in the hotel like in 5 mins. they asked me whats the problem. i tryied to explain that there is no any problem, but they did not belive me.afterwards they left my room and then they back in oder to *chek out if they forgot something*. it was very annoying, long, and unplesant procedure...but if there really were smb who needed help then they could be great help... so they are not that stupid i think...

[Jessica]

Holy crap Heidi. Holy crap. I can't believe this happened to you, I just can't. And I am so friggin angry....hugs...Jess

[Jessica]

BTW Heidi, I remember a time when I moved into our new place out in the country a few years back, I accidentally dialed 911 while doing something on the phone, I think I was programming it or cleaning it. I didn't think anything of it, figured that it wouldn't go through.

Ten minutes later Gilchrist County's finest pulled into our drive and as he came up to the porch he glanced around then came up to the door and asked if everything was ok. Said there was a 911 hangup call from this residence. I laughed and then apologized and told him what happened. He was really nice about it, and never asked to search our home or premises.

Being an experienced and wise deputy, he used his common sense and good judgment and knew I was telling him the truth and he bid me a good day and left. A good cop knows when to trust his judgment.

This just pisses me off, you hear about this happening to people but never to someone know know!

Big hugs to ya, Jess