Chief of Police Lynn S. Rowe

321 E. Chestnut Expressway

Springfield Mo. 65802

864-1810

Sgt. Robert Greer

321 E. Chestnut Expressway

Springfield Mo. 65802

864-1791

Dear Mr. Rowe and Mr. Greer,

In Sgt. Greer's letter of September 15^th 1998 he indicated that "the actions of the officers were in full compliance with current department policy and/or state law." Chief Rowe stated in his letter of October 1^st 1998 that "It appears that the officers had lawful authority to take the action that is described in the various reports…" I am asking here that the City of Springfield officially endorse the conclusions of Sgt. Greer and Chief Rowe as reflecting the policies and customs of this city and that the officers acted in accordance with these City and Police policies and customs. For the purpose of clarity, the relevant undisputed facts are as follows:

1. On September 8^th 1998 at 10:30pm I was arrested by Officers Kevin Hollie and Kent Shipley.
2. The arrest occurred in my home.
3. The officers did not have an arrest warrant.
4. The charge was a violation of a city ordinance 26-152 for trespassing.
5. This ordinance violation is an infraction and is not a felony.
6. The alleged incident allegedly occurred 3 days earlier than the arrest.
7. The officers, according to the police report, did not see the alleged violation occur.
8. The officers did not have a search warrant to search my home.
9. The officers knew, according to their police report, that they were not welcome in my house and did not have my permission to enter it.
10. Nonetheless the officers entered my residence and walked through it.
11. I was then put in the intoxication tank where I imprisoned till 9am the following morning.
12. I was imprisoned for refusing to answer questions.
13. I was not given the opportunity to make any phone calls.
14. I was not given the opportunity to make bail even though I had enough money in cash on me to make the $100 bond until the next morning.
15. The summons was completed after the complainant signed it.

First of all, I ask that you admit or deny the above facts and correct them or add relevant facts if you don't agree that these facts are true and accurate.

I want the police department, the city manager, and the city attorney to verify that the above facts, or the facts you substitute, constitutes proper police action and is in compliance with city policy or custom or police policy or custom as stated in the letters from Chief Rowe and Sgt. Greer.

I want to verify that it is the policy or custom of the police department and/or City of Springfield to allow officers to make warrantless arrests for ordinance violations that they do not witness. Please cite the ordinance or statute that gives the police this power.

I want you to verify that the police officers acted in the manner they were trained to act.

I want to verify that it is the policy or custom of the police department and/or City of Springfield to allow officers to make warrantless arrests for ordinance violations by entering the home of the accused.

I want to verify that it is the policy or custom of the police department and/or City of Springfield to allow officers to fill out a summons after it is signed.

I want to verify that it is the policy or custom of the police department and/or City of Springfield to prevent an arrested person from making any phone calls.

I want to verify that it is the policy or custom of the police department and/or City of Springfield to prevent an arrested person from posting bond when he has enough money in cash to do so.

In light of RSMo 479-110, what authority do you rely on that gives the police power to make warrantless arrests for ordinance violations that do not occur in the officer's presence?

________________________________________

Marc Perkel * 10-12-98

CC. City Manager Finney, City Council, Assistant City Prosecutor Penny Melton