Arrest, Search, Seizure, Warrant If anything this is a funny story...

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abercrombiegal

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Hi,

I am a registered nurse in a small city in the state of Kansas. As a nurse, I lobby nursing legislation and I'm well known in the community.

During a snowstorm in January, I was walking my dog... slipped on some ice and my siberian husky ran away, leash attached. He was later found by animal control and I picked him up at a shelter.

At the shelter, I was told since he was found with his leash still attached that there would be no fine as I made a good faith effort to confine the animal. Great. Signed some paperwork stating I was the owner of the dog and me and the pooch went home.

Fast forward three months to 4/28/09. This morning I awoke to loud banging on my door. Two police officers, their two police cars with lights on in my parking lot. My first thought was that someone had died and I was being notified. I was quickly told that I had a warrant out for my arrest for, "failure to confine an animal". I begged to disagree. I had not received any fines related to my husky being captured by animal control. I had not received any mail related to a court date, etc.

I was not allowed to change out of my pajamas. I was not even allowed to close my front door (the officer made sure to put his foot in the door jam - so I wouldn't, "lock" the door and refuse to come with them). The officers pushed hard for me to "bring a credit card" and I was swiftly handcuffed in front of all of my neighbors (I live in a prestigious area of town) and put into the back of a police car. Again, I stated that I had no knowledge of this offense.

At the police station, I was made to wait 45 minutes in handcuffs and I was placed in a locked small cell with a fabulous metal toilet. Until the officer came in with my "file" and said that he had my signature on a "ticket". I agreed, I did fall that day, maybe I just didn't realize what I was signing.

A few minutes later I was in front of the judge pleading guilty, when suddenly I saw the "ticket" with my own eyes. My signature was not on it! Someone else had signed for me, followed by a badge number #359. Yay! I wasn't crazy. I quickly changed my plea to "not guilty," posted bond $300.00 and a court date was set for June 8th.

Now, doesn't this whole ordeal sound a bit ridiculous? I think I was unfairly racially profiled (I'm Hispanic) and treated horribly given the circumstances. I have been applying for jobs and as a RN, they conduct a rigorous background check and I'm sure this "warrant" prevented me from obtaining employment!

Do I have any recourse whatsoever??? I sure hope I do. I feel violated, embarrassed and outraged.
 
not so funny...

Wait till you try and renew your R.N. license...won't be so funny then...I'm also a R.N. and had a friend get arrested for the dumbst reason about his dog...took him a lot of time and money to straighten out so as to renew his license :no:
 
Your recourse is to challenge the charge and argue that (a) you cannot be held accountable for failing to appear on a citation you never signed and for which there exists no proof of service, and (b) you are not guilty of the original charge.

Whether you have any recourse in the form of a lawsuit will depend on factors we can't know. But, you can consult an attorney and ask if you have any recourse. I suspect that there won't be much potential award, but these things often depend on your state's laws and whether procedures and the laws were adhered to.

- Carl
 
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