I arrived at my residence at 18981 Lake Chabot Rd., Castro Valley, after a visit with my mother, some time around 7:45pm. I had been working on a rental house in Hayward most of the day and was tired and looking forward to a quiet night and some dinner. I turned on my computer and found that it would not go online and with some checking I found the telephone line, one of two into the residence, was not working very well. It had lots of noise and cross-talk. I went outside with a telephone, tested the line at the network interface and found it was a problem in SBC's cables. I came in called and requested a repair for the next day. I then switched the line on the computer, got my slippers on, and went online to check my email.

After a short while the doorbell rang. I went to the door and looking through the mini-blinds I could not see anyone on the porch, but then noticed what I thought was a black pipe coming from the side of the door and it was banging on the door. It turned out to be the butt end of a flashlight. I opened the door to find a uniformed person on the steps at the side of the wall. I thought it was a security guard of some sort at first and was trying to read the patch on his arm. He said there was a 911 call from this location. I told him there was no 911 call placed, but I was having a problem with the telephone lines, and had reported it for repair. That maybe it produced the call in error. He said he was going to come in to search the residence. I asked if he didn't need a warrant. He said he was coming into search and didn't need a warrant. I told him I thought he needed a search warrant and would not give permission for him to search without one. He then asked me to show him some identification. I responded that I didn't think he could require that of me either and that I would like to see his identification, and get a card from him. I wanted to get his name because I didn't like the tact he was taking. He would not provide either for me but became excited and poked at his name tag with his finger saying this is who he was and that was all I needed. I could not read it from where I was standing and with him moving around. He then said something to the effect that I was not going to let him in and I said I was not, without a warrant. He then called for backup.

I became very afraid when I was then faced with two officers and the first one was very upset that I hadn't given permission for him to enter. I was then pushed aside by the first officer and grabbed by the arm by the second officer. He twisted the arm behind my back and I raised my other arm behind my back so he could see that I was not going to resist him in any way. There was no struggle or resistance. Even when I was being pushed aside I did not raise my arms in any way, but kept them at my side. He held my arms behind my back by fingers of both hands and asked if I had any weapons on me. I told him I had a leatherman tool on my belt under my vest, which he found and removed. He also removed other items from my pockets including a knife and a gold lighter. I explained they were tools and he agreed that there was nothing there of any great concern. While this was being done the other officer was conducting a search of the house. I asked the officer holding me to check which telephone number the 911 call was allegedly made from and he called it and verified it was from 582-7812, the number that was now not working at all and had been scheduled for repair.

I asked about what was going to happen and was told that it was up to the other officer because this was his call. When the search was over, and nothing was found, I asked the first officer to pick up a cordless telephone receiver and turn it on to check it. He agreed it was not working. He was very agitated and went on about this not being called for and that I cause all this trouble over nothing. I explained that it was the telephone number I had reported to the repair service. The officers talked between themselves and then I was being placed in handcuffs. I told them that I needed to use the restroom real bad and asked if I could use it before being cuffed. The first offer told me he had to go real bad too and that I was just going to have to hold it. I was then cuffed and told I was going to jail. I asked to have my hat removed and left behind which they did.

I was then taken outdoors; they locked the front door and dropped my keys into my shirt pocket. They then placed me into the back of a Sheriff's squad car. The second officer stood by while the first officer went across the street to the gas station to relieve himself. Upon his return he was still very agitated and talked with the second officer at the back of the squad car and I heard the first officer go on about there was no reason for any of this and that he was going to push it all the way.

While being taken to Santa Rita by the first officer, I asked what I was being held for and was told I resisted arrest. I said that I had not resisted them in any way. I was then told I had passively resisted them. I asked like Gandhi, a sit down protest? He said if I had sat down it would have been fine because he could have stepped over me.

Upon arrival at Santa Rita he stood me up against a wall outside the building and I was photographed with a camera taken from the back of another officer's car. I was told this was to prove I was not injured during transport and no damage he been done so far.

Inside the building I was taken to an interrogation room, set at a table and was read my rights. I still did not know why I was being arrested. I was asked if I wanted to talk with the officer. I told him no. He asked again if I was sure I didn't want to talk with him, I told him I was sure and wanted to contact an attorney. I was told I could make a call later. He checked the box on the form and became very agitated again. I don't remember exactly what he said but he implied that I was in for a very bad experience if I was unwilling to make a statement. I thought for my own safety I had better go along with him. By this time I was exhausted, afraid, and very hungry, I gave him a statement of why he didn't get permission to do a search. I could tell it was going to make no difference and was convinced that by the time he and the other officer got together their story would be far different.

I was then taken before the property window and searched. He wanted to know how to work a pipe lighter found in my vest and after showing him how it worked I was told I would not be getting it or the other Bic lighter returned. I asked if I could bail myself out with one of the seven credit cards I had with me and was told I could not. They would not take a check either. I was told I would have access to a telephone once I was placed into a cell and that the numbers for a bail bondsman would be on the wall. I did not get to a working telephone until after 1:00am the next morning, about the time I received my first food. Although bond was posted by my wife by 7:30am I was not released until after 12:30pm on February 14th.