Rochester Police tell man to break into his gf's house, what happens next will shock you..

[MikeyCNY]

(ha ha, clickbait - also tried searching and didn't find anything)

Break-in supported by Rochester Police caught on camera
(warning: stupid auto-play video)

Rochester Police were caught on camera encouraging a man to break into his girlfriend's home while she was inside.

Catherine Bonner is now facing felony charges from the incident that happened at her home last November. David Pilato, her attorney, has asked the judge in this case to drop the charges.

Pilato says Bonner and her boyfriend had just had a fight the night before the incident and she didn't think the police were there to help.
--
Here the conversation that was captured on the bodycam footage:

Rochester Police Officer Korey McNees, "So let me tell you what New York State law says... New York State law says you live here, right? You've been here for five months."

Bonner's boyfriend: "She changed the locks."

Officer McNees: "Is she in the house? You have a right to kick the door if you want to gain access. You won't be held as a criminal. You have a right to be here."

Bonner's boyfriend was allegedly trying to retrieve items he left in her apartment. But Bonner wouldn't open the door.

Officer McNees: "I'm not telling you what to do. I'm just saying you have a right to kick the door in. You can gain entry any way you want...you can break a window glass. It's cheaper to repair."

From what I've read, the boyfriend and girlfriend had a fight (rumors of abuse also), she kicked him out.. he wanted to get his stuff she said no. He called police, police told him to break in, it's his place too. He broke a window with a show, she stuck a rifle out the window and police arrested her, charging her with felonies related to the "assault weapon".

A judge yesterday blasted the Rochester cops for quoting a non-existent law - Judge: RPD cited non-existent law when telling man to break into ex’s house

He also suppressed (pew pew) evidence about her "illegal" firearm (does she get it back?) and any statements she made, since they made the search without a warrant.

I don't know the whole story (obviously), but I do wonder why she wouldn't just allow him (with the police present) to get his stuff. As far as I saw in the articles, it doesn't say who actually owns or pays rent..

 

[Bob]

More detail in the D&C article: https://www.democratandchronicle.co...ster-cops-advice-break-controversy/591051002/

 

[Carlos Hathcock]

Probably not the brightest suggestion they made that day.

 

[BDinPutnam]

Good on that judge.

If you came to my house under these same circumstances I would very likely do the same thing she did (not knowing the totality of the situation) - the only difference being that my 9 is featureless.

 

[Mk44]

That's a stupid cop. Why would you tell a guy to break into his home when "he recently had a fight with his girlfriend and got kicked out." Common sense- you know the girlfriend is pissed and doesn't want him there.
As a "peace" officer, it's the cops job to knock on the door and talk to the woman to try to defuse the situation & ask if the boyfriend can get his belonging. If she doesn't want to let him in, than let the judge handle it. But you don't tell the guy to break into the home. F.... retards.

 

[kev74]

 

[tirwin1]

Where did the cop ever get the idea it was legal to break in?

If the cops were on the scene, wouldn't it have made more sense for them to go to the door and defuse the situation instead of setting in motion an act that could have resulted in tragedy? WTF.

Glad to see the judge rule against the cops.

 

[GOPerfect]

So, curious to all out there, is it illegal to "Break" into your own house? If you lose your keys, can you be charged with a crime if you break a window to get in?

 

[Airborneguy]

Definitely not the best suggestion, BUUUUUTTTT it likely was legal for him to "break" in. The cops should have handled it better, but they weren't entirely wrong.

 

[BDinPutnam]

So, curious to all out there, is it illegal to "Break" into your own house? If you lose your keys, can you be charged with a crime if you break a window to get in?

His D/L lists a different address and by his own admission he did not even receive mail at the residence.

You know there is a potential domestic situation and this is the response?

At a minimum these guys should be riding a desk for a while. My two cents based on the available information.

 

[spat]

So, curious to all out there, is it illegal to "Break" into your own house? If you lose your keys, can you be charged with a crime if you break a window to get in?

Not a crime, but a very bad idea given the circumstances.


And for an LEO suggest it to him shows very poor judgement IMHO.

I'll reserve judgement until I hear exactly what form the "suggestion" took though. If it was just the advice that it's not a crime if you can legitimately claim to live there when asked what he would be charged with...

OTOH, she might have thought she had a valid defense if she'd shot him. The officers might have warned him about that too "it's not a crime for you to break in, but if she kills you in the process that won't matter much.

 

[@thewheels]

This could have gone super shitty south real quick with the repeated sage advice from Mcnees.
She could have shot the boyfriend once he was inside and would have been justified at that point.

 

[Acer-m14]

who's name was on the home / rental / loan .. ect if his name was not .. crime .. pew pew pew could have had more intentions then just getting his stuff ..

Since they were GF/BF .. one was the owner 99% of the time ..

 

[Bob]

who's name was on the home / rental / loan .. ect

It's the girlfriend's mother's house. The girlfriend stated to police that he didn't live there. He admitted to police that he didn't receive mail there. And if they had checked his ID, it shows a different address in a different county - where he actually lives with his kids.

 

[E the massive]

Bitch can't just keep his stuff. She probably knew he was a loser at the start.

 

[C3D]

If he did live there, it would be 100% legal to forcibly gain entry.

 

[BDinPutnam]

If he did live there, it would be 100% legal to forcibly gain entry.

During an on-site police visit for a domestic disturbance with the woman in the house and the man outside?

 

[spat]

During an on-site police visit for a domestic disturbance with the woman in the house and the man outside?

Technically, the cops could have arrested her if she tried to stop him gaining entry I think. She would probably have to assault him or something criminal like that to stop him. Assuming he really has a legitimate claim to live there.

Messes like this are why it would suck to be a cop. You show up on site and you've got 2 people who both claim to have a right to be in the house, Neither of them are going to have a copy of the lease handy or anything, and in this case neither of them would match the name on a deed (assuming you could even get a hold of someone in the clerk's office to check).

Not something that you can really "solve" in any reasonable time frame, and I'm sure your superiors don't want you to spend your whole shift and part of the next guys sorting the mess out.