C
Chris9
Guest
- Jurisdiction
- Ohio
SHORT VERSION: cop charged my wife and I with 2nd degree misdemeanor for not allowing them to enter house to "talk to and check on" my brother-in-law, who was sleeping and I couldn't wake up, after they came knocking around 1 a.m. due to him supposedly being involved in a hit and run. He is currently living with us and I thought you didn't have to let the cops in without a warrant.
LONG VERSION:
I'm a homeowner in Ohio. I'm the only one on the mortgage (just got married/ had house beforehand). Brother in law lost his house and is staying with us. About 1 am a cop knocks. Asked if BIL was here and wife said yes he's sleeping (talking through door). He said he needs to talk to him about a hit and run him / his truck were involved in. I said hang on a second I'll go get him. He was drinking (after he got home) and was very passed out. I went and told the cop he won't get up, he's a heavy sleeper.
The cop says "let me come in and wake him up to talk to him then". Wife and I said we aren't comfortable letting him come in without a warrant. He says "that's fine I can get one".
Then he says since BIL isn't waking up he needs to make sure he's OK. Wife said he is ok, she took his vitals (and is certified to do so, and told cop this too). He says he already has ambulance on way.
He then says he's going to tow the truck unless BIL talks to him. I said hang on I'll go try again.
I came back to door, told cop that BIL said go ahead and tow it. Ambulance arrives. Cop & his supervisor tell me to step outside to give him my info so he can charge me with obstruction of an investigation.
I said hold on let me go get him, I can't get in trouble or I'll lose my job.
I get BIL up and told cops that he's awake and will talk to them through the bedroom window, showed them the window.
BIL opens it, they talk, he refuses medical attention.
Tow truck shows up and tows BIL's truck. Cops ended up coming back to door knocking about 15-20 min after tow truck & ambulance leave. They gave my wife and I citations for 2nd degree misdemeanor obstruction of an investigation. Court next week.
I was recently laid off, and just started a (great) new job last week. I can not miss any work OR have anything at all appear on my record, or I'll lose my job.
What can I do (without a lawyer, as I said I just recently became employed)? Will we be found guilty? I don't care what happens to BIL or his truck, just want to make sure wife and I keep our jobs and lives normal.
If it helps, the officer cited ORC 2921.31 on our citations.
LONG VERSION:
I'm a homeowner in Ohio. I'm the only one on the mortgage (just got married/ had house beforehand). Brother in law lost his house and is staying with us. About 1 am a cop knocks. Asked if BIL was here and wife said yes he's sleeping (talking through door). He said he needs to talk to him about a hit and run him / his truck were involved in. I said hang on a second I'll go get him. He was drinking (after he got home) and was very passed out. I went and told the cop he won't get up, he's a heavy sleeper.
The cop says "let me come in and wake him up to talk to him then". Wife and I said we aren't comfortable letting him come in without a warrant. He says "that's fine I can get one".
Then he says since BIL isn't waking up he needs to make sure he's OK. Wife said he is ok, she took his vitals (and is certified to do so, and told cop this too). He says he already has ambulance on way.
He then says he's going to tow the truck unless BIL talks to him. I said hang on I'll go try again.
I came back to door, told cop that BIL said go ahead and tow it. Ambulance arrives. Cop & his supervisor tell me to step outside to give him my info so he can charge me with obstruction of an investigation.
I said hold on let me go get him, I can't get in trouble or I'll lose my job.
I get BIL up and told cops that he's awake and will talk to them through the bedroom window, showed them the window.
BIL opens it, they talk, he refuses medical attention.
Tow truck shows up and tows BIL's truck. Cops ended up coming back to door knocking about 15-20 min after tow truck & ambulance leave. They gave my wife and I citations for 2nd degree misdemeanor obstruction of an investigation. Court next week.
I was recently laid off, and just started a (great) new job last week. I can not miss any work OR have anything at all appear on my record, or I'll lose my job.
What can I do (without a lawyer, as I said I just recently became employed)? Will we be found guilty? I don't care what happens to BIL or his truck, just want to make sure wife and I keep our jobs and lives normal.
If it helps, the officer cited ORC 2921.31 on our citations.
