The Yellow House Quality Appliances Inc. and its owners Guy and Carrie Neighbors have been repeatedly subjected to unwarranted searches, policy and procedure violations, and seizures by Law enforcement under the command of the State of Kansas Government officials Police Chief Ron Olin, U.S. Attorney Eric Melgren, Assistant U.S. Attorneys Marietta Parker and Terra Morehead for an ongoing period of two years.
Starting in but not limited to November 2005,
Officer Jay Rozell entered the Yellow House and began to question Carrie Neighbors about a bike in the store. He then stated he was going to take the serial numbers off the bike so he could find out if it had been reported stolen. Carrie told him that would constitute an illegal search, and he should first find out if anyone had reported a bike like that stolen. Carrie stated if he was going to come and randomly search serial numbers he would need a search warrant. At that point Carrie pointed out a bike that someone had brought in earlier, and when she did not buy it the customer had left it. Officer Rozell went over to the bike and stated that the bike had been stolen from someone in the State of Florida. He then confiscated the bike without giving the Yellow House a case number, officer name card or property receipt.
In December 2005 and again in Dec. 2006
search warrants were issued upon the Yellow House store and owners home for items "new in package and records" in connection with their long ongoing investigation. The officers proceeded to illegally confiscate numerous used expensive laptop computer merchandise, A used PSP video game with the Best Buy extended warranty purchased by the seller still attached, (obviously not stolen property) Used video-photo Ipod MP3 Players, used high end cameras, and expensive Jewelry and Collector Firearms from the home. None of these items were new, nor were they stolen property, and were not on the list of items to be confiscated. None of the merchandise confiscated during the seizures was reported stolen yet the LKPD refused to return it to the business. And subsequently have admitted that some of the items can no longer be located in the Lawrence Kansas Police Department evidence room.
On Jan. 11th, 2006
Lawrence Police Officer Patrick Orrick came in to the Yellow House Store and unlawfully confiscated an Apple computer, which the alleged victim could not positively identify, nor prove, was stolen.
Monday May 8, 2006,
five Lawrence Police Officers, J. Rozell T. Haak, J. Bialek, A. Heffley, and Sgt. Monroe, served a forged search warrant upon the Yellow House in connection with a stolen Air Compressor, even though the business owners had been cooperating with the investigation and had already given statements and turned over all the paperwork involved with that particular investigation. This search warrant was in violation of LKPD policies and procedures, and had Judge Stephen Six's signature forged on it.
October 19th, 2006
Officers Mickey Rantz and Jay Bialek return a $350. Sony camera that had been seized from the Yellow House during a search, but never turned into the evidence custodian for documentation.
On June 25th, 2007,
Agents David Nitz, Rob Jackson & his assistant, Agent Osborne, from the IRS and Postal service along with Lawrence Police officers Matt Sarna and Eric Barkley served an arrest warrant upon the Neighbors in their home at 1104 Andover. During the arrest 3 separate illegal searches were performed. A Judge had not issued a search warrant.
After the two defendants were in custody, one sweep search of the entire home including the basement was performed by officers Sarna and Barkley. One Search of the defendant’s upstairs bedroom and office, and closet space was performed by Jackson and a search of Carries purse was performed by Osborne.
In conclusion we believe that Law enforcement has acted in an unlawful pattern of repeated violation of the Oath of Office and law they are sworn to uphold, and have repeatedly violated the constitutional rights of the defendants Carrie and Guy Neighbors under the color of the law. The defendants therefore demand that a full investigation into this ongoing pattern of abuse and unlawful seizure of property and merchandise should be commenced upon
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