• P alleges false arrest. P claims he went to his mother’s apartment to pick up his son and observed his brother, Heraberto Rivera (non-party), who lives with their mother, being arrested and MOS inside the apartment. P claims that MOS forcibly enter the bathroom where his young son was sitting on the toilet and the child started to cry. P claims when MOS asked him about drugs in the apartment he direct MOS to Heraberto’s bedroom. P claims he was arrested for possession of contraband even though he informed MOS that he does not reside at the apartment. MOS Sierra obtained a search warrant for the location after undercover MOS purchased heroin from Heraberto Rivera on two separate occasions. The sale for drugs did not occur inside the apartment
