A McAllen family is afraid for their safety, they claim McAllen police, violated their constitutional rights.
Accusing police officers of barging into their home, arresting 7 people without reason and caught the confrontation on camera.
News Center 23’s Derick Garcia, spoke exclusively with the man behind the camera and says he wants justice.
On September 10th 2016, Juan Rivera says his home was target by McAllen police officers.
Rivera recorded 24 minutes of the confrontation.
“We were prisoners in our own home, corralled in our own home like animals.” said Juan Rivera clutching tissues and a cup of coffee.
Rivera says the police forced their way into his home after a domestic violence call.
In the video, Rivera asks repeatedly for police to leave his home.
He claims police officers did not have a warrant or probable cause.
“The officer had told her ‘I smell marijuana’ and she’s like ‘well you came here under some other pretense so why what does it matter’ and then that’s when he kind of pushed the door open and force his way in” said Rivera explaining the timeline in the video.
Inside the home police found drug paraphernalia…
Rivera says his 4th amendment rights against unreasonable searches and seizures were violated…
In the19 minute video, Ramirez was pulled into the garage and said he admitted to the paraphernalia but the questioning police officer said it was “too late to cooperate.”
Moments later, the phone goes to black only recording audio only.
A total of 7 people including Rivera wife were arrested and charged with several crimes.
Charges Rivera says never would have happened if his rights weren’t violated.
“They’re supposed to uphold justice… no… that’s not what they’re doing.” Said Juan Rivera with tears in his eyes.
Rivera believes his home was intentionally target by a neighbor who works for McAllen Police Department.
“I feel like he [his neighbor] called some of his buddies up and said ‘hey let’s try to get these guys for something.’” Said Rivera explain a motive for the initial 911 call.
The Rivera family is filling a lawsuit against the McAllen police department.
Our request for interview was denied however, a department spokesperson says the initial call to police was for someone smoking marijuana in the area.
Rivera denies those claims and says he and friends were drinking in his garage at around 6:30pm
“I feel like something else is going to happen like they’re going to wrongfully accused me up something and say I pulled out a gun you never know if they were able to come to my home without permission how do I know they’re not able to just put a bullet in my head.” Said Rivera holding his phone and tissues.