Illegal search and destruction of evidence

[J. Johnson]

Jurisdiction

Texas

Cops seize Jim's computer in a house search after arresting Jim. Two years later cop says he found something illegal on the computer and arrests Jim again on a different charge. Two years later Jim's attorney tries to view the evidence and is stalled by the ADA for a year and finally says they lost the search warrant and the evidence. I know case will be dismissed but can accused bring any charges or tort action against DA and cops and what are your opinions on this type of perverted justice? And how should Jim use this to put pressure on the county? This county is notorious for this type of injustice. It's in Texas.

 

[zddoodah]

Sounds like homework. Please tell us what you think the answers are, and why, and we'll critique your responses.

If it's not homework (or some sort of school project), please explain your involvement and answer the following questions:

- Are you Jim? If not, what is your connection to this situation?
- What was the date of the first arrest?
- For what alleged crime(s) was Jim arrested the first time?
- What was the "illegal" thing that the cop found on Jim's computer?
- Why did it take the cop two years to find the "illegal" thing?
- For what alleged crime(s) was Jim arrested the second time?
- Please confirm the timeline: (1) first arrest; (2) second arrest two years after the first; (3) Jim's attorney "tries to view the evidence" two years after the second arrest.
- During what period(s) of time (if any) was Jim incarcerated?

 

[Zigner]

Jim is represented. He should speak to his attorney for further clarification.

 

[J. Johnson]

Sounds like homework. Please tell us what you think the answers are, and why, and we'll critique your responses.

If it's not homework (or some sort of school project), please explain your involvement and answer the following questions:

- Are you Jim? If not, what is your connection to this situation?
- What was the date of the first arrest?
- For what alleged crime(s) was Jim arrested the first time?
- What was the "illegal" thing that the cop found on Jim's computer?
- Why did it take the cop two years to find the "illegal" thing?
- For what alleged crime(s) was Jim arrested the second time?
- Please confirm the timeline: (1) first arrest; (2) second arrest two years after the first; (3) Jim's attorney "tries to view the evidence" two years after the second arrest.
- During what period(s) of time (if any) was Jim incarcerated?

You don't need all of this to answer the question. It is not homework. If you don't want to answer then don't. It's about corruption in the local justice system. Peple are being abused by the system everyday just like I have been. I am looking for answers that can help me and hundreds of others. If you don't want to help then don't.

 

[doucar]

You don't need all of this to answer the question. It is not homework. If you don't want to answer then don't. It's about corruption in the local justice system. Peple are being abused by the system everyday just like I have been. I am looking for answers that can help me and hundreds of others. If you don't want to help then don't.

Why won't you answer the questions so someone can try and give you an informed answer?

 

[adjusterjack]

can accused bring any charges or tort action against DA and cops

Criminal charges, unlikely.

Civil lawsuit, possibly. But Jim will need an attorney who is experienced in suing government entities. It's a complex and specialized field of law that will probably cost Jim tens of thousands of dollars.

what are your opinions on this type of perverted justice?

I have no opinion since you have provided no evidence that justice has been perverted.

how should Jim use this to put pressure on the county?

If Jim doesn't have an experienced lawyer, he won't be putting pressure on anybody.

 

[zddoodah]

It is not homework.

Ok, then answer the several questions I asked. They're important.

You don't need all of this to answer the question. . . . If you don't want to answer then don't. . . . If you don't want to help then don't.

You didn't need to say this once, much less thrice.

 

[Redemptionman]

Yeah what adjuster jack said, it is civil and could ultimately depend upon what kind of liability insurance the county/ city has. If it is a very small entity it is likely the juice is not worth the squeeze. Plus when you sue the city and cops you are under a microscope and the fraternal order will do all they can to destroy you and anyone associated with you.
So, you need to determine again if it is worth it and if you will get money to make it worth the time and anguish it takes to do this.