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January
23, 2007
Noise Complaints
It doesn't take much for a good time to end badly if you're
making so much noise that you disturb your neighbors. And, in
two South Florida cities, noise complaints that started out
minor have ended up causing major trouble. Investigative
reporter Carmel Cafiero is On the Case.
WSVN -- Everybody knows that playing your music too loud or
making too much noise at your house can result in your neighbors
calling the cops. But officers in Fort Lauderdale and Boca Raton
are accused of going too far when they went to investigate noise
complaints.
This bloody mess looked like a murder scene. But it was what was
left after police responded to a complaint about loud music.
Gene Boyle: "The other officer came in with a billy club drawn
right there and hit me in the head and hit me right there -- 17
stitches."
Gene Boyle was arrested in 2003 for resisting arrest at his Fort
Lauderdale apartment. He says officers came in his back door and
ordered him to put his hands behind is back. He told them he
couldn't because of a shoulder injury.
Gene Boyle: "The first officer had me in a choke hold, and he
was squeezing, and I was screaming for help."
In Boca Raton, a birthday party turned sour for this man who
asked we not identify him.
Homeowner: "An officer came to the front door and asked for the
owner."
Security cameras were rolling when the officer then walked in
the front door.
Homeowner: "There was music playing, and he started unplugging
and turning things off. Then he went back out of the home."
When the owner arrived at the front door, the officer asked for
identification and social security number.
Homeowner: "Why do you need my social security number, and he
says, 'You're under arrest.'" The video tape captures the
officer grabbing the homeowner. Homeowner: "He then just lunged
in the home and grabbed me and pulled me out of the home."
The homeowner was handcuffed at his front door.
Two men landed in jail over noise violations. Keep in mind,
these are city code violations, not criminal offenses. And now
both men have hired attorneys.
Russell Adler: "Well, he paid a very physical price. He still
continues to recieve therapy from that."
The charges against Boyle were eventually dropped. Fort
Lauderdale police wouldn't talk to us about the case, but
Russell Adler, the lawyer for Gene Boyle, is suing for damages.
He says the officers had no right to use excessive force when
they shouldn't have entered Boyle's house in the first place.
Russell Adler: "The police are not allowed to just enter
someone's home for any reason. They must have a valid legal
reason, and these officers did not have a valid reason."
In the Boca case, the homeowner's attorney says police have no
proof there was even a noise problem.
Leah Mayersohn: "As you can see from the video tape that I
provided to you, this was a very sedate party. Under these
particular circumstances, the city of Boca Raton isn't going to
be able to prove that my client violated the noise ordiance."
Leah Mayersohn says that means the officer had no legal reason
to enter the home and no legal reason to arrest the homeowner.
A spokesman for the Boca Raton Police Department turned down our
request for an interview about all this. But he did provide a
list of police calls to the residence over the last two and a
half years. And there have been quite a few.
Neighbors do tell us there have been some big parties at the
home. However, Mayersohn says there's a question of whether it's
always the neighbors calling the police.
Leah Mayersohn: "What you can see is the vast majority of times
that are on there, were initiated by police."
The next step will be to fight it in court. But this homeowner
says he's not wating for the courts. He's moved out of town.
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