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Unlawful Arrest and detention Kidnapping, Unlawful Detention

Discussion in 'Criminal Charges' started by rowshere, Jan 18, 2008.

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  1. rowshere

    rowshere Law Topic Starter New Member

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    Ineed leagal representation and leagal advise on how to file and go thru with all actions I can due to this. I have already filed a complaint with Monroe County Sheriff office in Georgia.

    It goes as follows:

    I was driving tto my daughters home in Yenn. I was pulled over by a Monroe county sheriff. He stated he pulled me over for tinted windows. I was stunned. My wife bought the car from a dealer with tint as is. I gave him a valid Wisconsin drivers license. He stated i had a susp. in Illinois, and at that point I truly didnt know why. But in fact my Wisconsin was and still is valid. Well it cost me $1500 and change to walk . I was charged with Suspened DL and window tint, and I had in the car a very little marijuana. Very little.
    Then I was also threatened that my legs where going to be broken several times .
    Please I need all the help and want to make them realize this is not right. I want to go after all moniees and costs I can due to the sheriffs actions.

    Thanks,
    Rowshere
     
  2. Scooterdog

    Scooterdog New Member

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    Rowshere: Check your PM's. I have a file to large to post on here on sueing the police.

    Your "crime" is called a Malum Prohibitum Crime, and is delt with differently than a crime with a victim.
     
  3. lwpat

    lwpat Moderator

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    First of all the stop was legal since he had reasonable suspicion there was a violation. Doesn't matter how you bought the car. Then once he found out your had a suspension in Illinois, he had probable cause to arrest you. Doesn't matter that you had a valid Wisconsin license or didn't even know about the suspension. In GA it is standard procedure to book an out of state driver with a suspension. Once you were arrested they had probable cause to search.

    That's called welcome to GA. Obviously, you were giving them a problem instead of following their lawful orders.

    Just be glad you are not still eating beans and potato sald. They probalby could have added a resisting arrest charge. The stop and arrest were by the book. You have no claim.
     
  4. rowshere

    rowshere Law Topic Starter New Member

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    Wrong on all. So you are contradicting federal law due to pact states sign for respecting other state DL'S. I did not and for your info would not resist anylaw enforcement officer ! And as far as eating beans that dont mean jack. Prison is not a scare tactic. I have a valid DL no matter what. Secratary of transportation stated this is and this was unlawful.
     
  5. rowshere

    rowshere Law Topic Starter New Member

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    Do you pratice law in Georgia? and do you have a law degree? If so I think you need to look up DL laws at the Deparment of Transportation Statues. I was valid no matter what Illinois had on me. Wisconsin was fully aware to Illinois when they Issued me the DL and Stated I was clear to drive anywhere in the United States Of America , Except the territory of Illinois period!.
    Now the "Pact" states signed in our forefathers day has this exact issue in it.
     
  6. Scooterdog

    Scooterdog New Member

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    If they took your car without a hearing to impound, they violated your right to due process. That's where I would attack first.

    If you don't have your car back, you should file a Writ of Detinue.

    I took this from a Writ, funny, but it worked:

     
    Last edited: Jan 19, 2008
  7. ndusa1

    ndusa1 New Member

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    nowhere in his post did he say they took his car.... ???????
     
  8. rowshere

    rowshere Law Topic Starter New Member

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    Thanks Scooter. They did impound the car. The funny thing is that a woman from the DA'S office took me to get the car out of the pound after I had to pay ofcourse.
     
  9. lwpat

    lwpat Moderator

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    A hearing is not required. Once the driver is arrested they can tow the car if no other driver is available. It is under the "caretaking" function. Then they can search the vehicle under standard procedures.

    Based on the OP's PM, it appears there is some type of conflict between the states over his license. Irregardless of whether his license is valid or not, Illinois reported to the national database that his license was suspended. That gave the officers probable cause for arrest and therefore the drugs they found can be admitted into evidence. PC exists even if it is a mistaken entry.

    If your license is valid everywhere but Illinois, you should be able to get the DWS charge dropped. You have no case to sue the police for anything.
     
  10. Scooterdog

    Scooterdog New Member

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    Did I send you that Writ? It was based on a suspended dl, all bs, like your case. They cannot take your car(unless you do nothing) without a hearing. Notice the case law posted was not rebuted with fact??? Hu.

    You have rights, don't put up with the government attitude, defend yourself.

    If I didn't get you that writ, which won by the way, let me know, I'll email it out asap.

    Why am I always met with opinion, and not rebuting the case law? (I wonder who is right lol)
     
  11. Scooterdog

    Scooterdog New Member

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    No thanks needed, just do what need's to be done, never give up. You may not have time or the money or whatever on this case alone, but next time, they wont get you so easily.

    You don't want to plead, you wan to fight the initial stop(which the majority like the witch burning days thin you can't win). You need to do that. If you lose there, then PLEAD, and fight on.

    Everyone thinks because you are accused of a crime, you automaticaly defend against it. NO!! You question everything to that point, and fight it. I would rather stop the case before trial, than try to appeal later after letting them walk over me.

    rowshere: just keep doing what your doing. Learn, and live free. You seem smart, you don't need someone screwing things up for you. You are asking the right questions, now it's just a matter of having the answers when you need them. Two thumbs up for you my friend. :yes:
     
  12. Scooterdog

    Scooterdog New Member

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    Open your F'N eyes GH. Cyber Stalker. Did you even bother to read what the poster was charged with? Ya, I bet they just made the poster sign a freagin waiver, and go on their way. Be real. Pay attention, or join a feagin communist board.
     
    Last edited: Jan 20, 2008
  13. Scooterdog

    Scooterdog New Member

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    The above quote may be for what they get away with. I have the most current case law saying this is completly wrong posted above.

    I stand on my case law which I posted ealier, and will ram it home if need be.

    Clearly, the poster above in quotes, has no clue to what a "Writ of Detinue" even is. Probably even pull his/her hair out trying to find that one. I winning Writ to be sure, can give the court, date, and time of hearing, order entered in favor of defendant.

    Also note, on this site, they claim only criminal works for criminal, civil for civil. But, yet, we produce Writs (which are civil) in Criminal court!!

    Don't be led astray by drones, learn and live.
     
    Last edited: Jan 20, 2008
  14. rowshere

    rowshere Law Topic Starter New Member

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    Again Thanks Scooter. All help is greatly thankful. I have and will take this to the bank if possible. And if this happens, I will contact you and we will Party !! Well I do not drink, But what the hell a soda is just fine !!.
    Rowshere
     
  15. Scooterdog

    Scooterdog New Member

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    Sounds good. Check your pm's, I send you that motion.
     

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