Many years ago, a woman was driving late at night, in a storm. She came upon a railroad grade crossing, as the signals activated, and the gates came down. A police officer, with his ranking officer, riding with him, were behind her. She stopped for the lowering gates. The cop behind her, did not expect her to stop, slammed on his brakes, the cruiser went into a skid, and smashed into the back of her car. The middle rear of her car was smashed in, as well as the right front of the cruiser. The ranking officer charged her with "improper backing", and damage to city property. She signed a ticket against the cop driving for failing to stop, to avoid an accident. Her lawyer got a change of venue for the ticket trials. When the judge looked at the pictures of damage, he found her not guilty, and the cop guilty. The judge advised her to consider a "false arrest suit" against the city, and cop.
I remember an episode of COPS where they were about to arrest a guy for domestic violence. He said he had no problem suing them for false arrest because they did the barest of investigations. They started asking the neighbors about the incident and they all said the wife was the perpetrator. He was released and she was arrested.
My ex wife busted out my headlight, so I went to the police station to have an officer talk to her, I explained that and left. 3 months later, I had a warrant out for me for domestic violence. A police friend of mine told me about the warrant. They had a warrant but no cause for it. I turned myself in and had to spend 20 hrs in jail for a cool down period.... Pissed me off, I went to the station because ex had a temper, busted headlight, had a warrant for domestic, 3 months later, automatic 20 hr cool down period. I fought it all and got ALL charges dropped. I wanted to sue but my lawyer said, not enough for a case. I'll will never trust cops again. I did call that cop I talk to about the ex after I got out of jail and cussed his ass out. POS
Over two and a half years ago, I was falsely arrested and convicted for indecent exposure while standing two feet outside my back door facing an alley. My neighbor across the alley told the police I was naked. Eleven days ago, I received copies of some photographs that are dated to the day of my arrest, taken by that same neighbor, that proved I was not naked but wearing a black string thong bikini. The prosecutor hid these photos from me and my jury. If I win my appeal, I'll be buying a new house.
Cops in the Detroit need to be charged with the appropriate felony charges. Lock up enough cops and the rest will think twice before they violate the rights of citizens.
Well, if a non law enforcement, non security guard, total stranger just decides to confine me, I can do whatever I have to prevent that. Forget "false arrest"; I'm standing my ground.
I almost got arrested on someone else's open container bench warrant once. There's a guy that lives in my building with the same 1st name & last name. We also live on the same floor. The warrant squad came at 3am in the morning. Then one officer noticed that I looked young. The other person is 30 years older than me.
We were on vacation a few years ago in Arizona and I had a long conversation with a very interesting cowboy complete with boots, hat and pistol on his side. We started talking horses and he told me this story. He caught two hunters on his property, trespassing and hunting out of season. He made them take off their clothes, get in the back of his pickup and he drove about twenty miles to the justice of the peace. After a long conversation he said the justice decided to let them go. He said the cold ride and the humiliation were probably sufficient this time. He runs a horse rescue and doesn't like people discharging rifles around the horses.
Walking is a different story from driving. Every driver has to have a license. Not so with pedestrians. The cops would need a reasonable suspicion to stop a pedestrian and ask for ID.
Thank you very much for these detailed videos. You remind me a bit of my law professor David Gunther at Central Michigan University. He taught me to think from both sides of the argument, and then to really look into the law to understand what exactly was violated.
I worked as a security guard for a few years and the best advice I ever got was only make a citizens arrest if you see the crime being committed and only if it's a felony.
I was arrested for not paying a couple hundred dollar traffic ticket in my 20's, I wasn't in the best financial shape as a young man. They put me into a cell for 3-4 days.. no working toilet or sink and just forgot about me ( i think they actually did it was the door type cell with a scratched up clouded window). Guy opens door to put a guy in with me and yelled that someone was already in their. I was thrown on the street with borderline kidney failure and severe dehydration. Lucky I survived. Tried to report it , was threatened into silence and told it never happened. I have kidney problems to this day from it.Before this I was a huge supporter of the police , still am in many regards, but I am absolutely terrified of them today over that exp. sometimes I start hyperventilating shaking lol..sucks when your conscious says there the good guys but your subconscious says HELL NO!
Maybe in some states they try citizen arrests, in Fl we have 70 year old blue haired ladies using their 9mm on people who cut them off in traffic, dont think citizen arrests really work in Fl. As A Security Guard , we were told our job was to 1.Watch 2. Call the Police. Never confront , period. Called one night after watching someone break into 2 cars, then he went back into his apartment, where I was the Guard. I called the police and explained what I had seen, the young female police officer, looked at me and asked " What Should I do ", apparently she wasnt ready for prime time
It must be nice to never confront. I live in Ohio, and I've worked for companies that have fired people for not discharging their firearm during an incident.
I wasnt armed, probably why they told us to never confront, I basically walked around a Section 8 housing apartment community, I watched that place ;like a hawk, only a couple problems in 2 years, just a retirement job. Not a bad job, but 7.00 a hour just wasnt enough, started truck driving, didnt pay much more.Most of the guards just sat in the guard shack, I walked the place all night, 8 miles a night. I was in pretty good shape, thats 40 miles a week. Most I ever walked doing any job.
What if a false arrest was made 12 years ago and was later dropped but it’s still on my record. I’ve applied for law enforcement jobs but was never selected. I only spend 2 days in holding. Would I still be able to sue and win?
My coworkers and supervisors always did our due diligence at the Sheriffs office I worked at in Ga for 15 years. It saved us so much. Always do your due diligence.
This question came up in a class of Texas LEOs. Technically, when an officer makes a traffic stop, that stop is an arrest. When the driver signs the ticket, that essentially becomes a PR bond on that charge.
Steve, when I took Law Enforcement training my class was taught by our MIchigan State Police Instructor that any time we detained an individual and they were not free to leave they were in fact under arrest. Now this may be incorrect but it is what we were taught.
This is what America is missing... CONSTITUTIONALITY OF ALL OTHER LAWS, STATUTS, RULES AND REGULATIONS !!! In many countries they have the "Constitutional Courts" whose role is just to judge any legislation from the point of view if it is not contrary to the highest law of the land, the CONSTITUTION. In America somehow each judge's decision is concidered as law for other causes, and yet we talk about division of governing powers into "Law Makers" (legislature) "Law Implementers" (law enforcment governing agencies) " Judicary" (courts & tribunals) So each of them has different role to play: 1-st, is to make laws, statuts regulations according their level and abilities described in the Constitution, not contrary to it!!! 2-nd, is to make sure that laws are implemanted in action to the 'letter of the law', not to tweested in its understanding!!! 3-rd is to judge if: - newly created laws are LAWFULL, (accordin to the Constitution, if not to null and invalidate that law and all posible ordinances and policies created based on that law) - to judge if the law was broken and how it afects the society!!! - to give the sentence based on the first two points, not to create verdicts that somehow become a law where it might be no prescribed law made or are inclarities (keeping the old principle of "Roman Law", actind toword human freedom not to the enslavement...!!! Hopefully you learn what the Suprim Court decided today about Californian Constitution and unlawful irregularities which are leading into creation of other unconstitutional laws.... I'm happy that decision was made and I hope it is the first from many that would come, even I think that should be done by "Constitutional Court", which in American law structure doesn't exist, however I'm happy.... And I strongly believe that the law system in America need somekind of reformation and udjustments to serve people not to rule over them!!! Please speak about principles of the law as it suppossed be, not as it is popularlly accepted by some (especially by caps and DAs to rush the causes against citizens for "found rasing" purposes).... God Bless, and have a good day...
Great video, Steve.... What happened to common sense? I get pulled over, I'm MORE than happy to produce ID, and cooperate fully with the investigating Officer....I've been doing that since 1975, and I've never had an issue with the local Police.... and lo and behold, I'm Black, and a Professional driver since 1989..... There is wisdom in your words, and I enjoy listening.....Keep on Preaching, my pale brother!!!!!!! :)
I have gotten stopped a couple of times. Had my id and insurance ready when they walked up and I was polite to the officer and have neve had a problem either. The ones that have problems is the idiots who think they know more about the law because they saw something on youtube. I like watching them get arrested
And when Officers enter the wrong house/apartment when they have a warrant? Just having a warrant is not justification as it has to be a valid one and if the address written and on the location do not match it is not valid.
In the end, the insurance company will pay the judgement. Need a law too allow the liability insurance companies to go after the police pension funds. to recoup these payouts.
The arrest will show up on your background check. It will effect potential employment. That’s why you must go after their Suriety bonds when civil rights are violated.
Always both informative and entertaining. Just wondering if you ever sleep with your law practice, your writing and YOU TUBE videos. I look forward to to viewing your uploads. Take care .
what do you think about United States code 18-242 in regard to this false imprisonment? To deprive a person of their liberties under color of law would that be feasible in this situation?
I was falsely arrested in the early '70s The circumstances were as such. I was riding my motorcycle and decided to stop at a bar and restaurant. I eat something I was allergic too. went into anaphylactic shock. I pulled over and went into the woods, I took off my boots and was having diareia, I was vomiting. My throat was closing off my face was extremely puffy. By the time the police showed up, I had one boot on my pants were on. I was sitting down meditating( this had happened before still have no idea the food or spice that causes it and am not sure Epi-pens were available yet) meditation helped me stay calm. The police asked me what was going on and I told them that I was having an allergy attack and needed to go to the hospital. They saw I was stumbling unable to focus, they gave me a breathalyzer test which I blew a zero(I had nothing to drink, they could have taken blood and not found any drugs that were not prescribed) Even with blowing a zero they arrested me for drunk driving, I said after you book me will you take me to the hospital they said yes. I also said how can I be arrested when I am not driving and blow a zero. They answered the first part the keys were in the bike, I said they do not come out. They could not take them out either. After booking me they allowed a phone call to my father who was first angry with me until he saw me and took me to the doctor. The DWI was tossed out, but I was angry small-town cops. I have three attorneys in the family the all said I would not win a false arrest case as I looked like biker tramp. I found an attorney who took the case(he was brilliant and a little odd if he could not finish the daily NY Times crossword puzzle he would go home for the day) We won the money was small it was not the point. We sued for $1,500 got $1,200 and he got his third and supposedly my record of arrest was expunged except they kept one of the mug shots. For the next few months every time I drove through the town I was pulled over. I asked my attorney if I could go see the chief of police he said yes, just do not hit him. I saw the chief and said my attorney said we can make a nice live suing for harassing me. I want to stop now. It did. I guess the worst things I did in their eyes was ride a bike, had long hair and did sit-ins in front of the local draft board which was next to the local FBI location, they started a file on me than lots of pictures, I was also a farrier at the racetrack so I needed FBI clearance which I did get with no problem. I was against the war, not our guys, I helped detox many who came home with dope habits, there were not the rehab facilities they have today. At times I worked three jobs. This was the world of Nixon and J Edger Hoover. Nancy Fonda was no help she was as bad as they were. While I would not have gone to Nam I did do support for Israel in the Yom Kippur war. I did not actually fight but did support on the old Jordain border so I help keep things working while the soldiers fought. I am getting older now going on 65 things like the black box and computers in cars scare me they all can be hacked. My first computer was hand-built with 20 gigs of memory I was told I would never use it all. I learned to write DOS programs, long forgotten, no internet just some bulletin boarders. Like your channel, but do not see NJ a100 miles from any border, even NYC is about 300+- miles from the border so you have me confused.
What I can't understand about this case is this....Do you... in the State or Michigan ....Routinely arrest people and book them into the state custody or Jail...and NOT Identify them and photograph and fingerprint them? Because in Florida..when you are arrested and booked into Jail ....You do indeed get photographed and printed and you will go before a judge the very next morning... 7 days a week Even in the next day is Christmas Morning....How can someone sit in Jail for over two weeks not get printed and identified of go before a judge?....How many people in your state are routinely incarcerated without being printed,photographed and identified?
A Male Officer who knew he was falsely arresting me, because I told him I was reporting them to Internal Affairs for coming in my house when they know I’m in bed then recording me with their Bodycameras and sharing the View with all his friends!! Him and about 8 other Officers enjoyed every bit of touching me on my front porch!! It wasn’t his last time coming to my house! He returned on May 11, 2020! I have FULL VIDEO!! I would love to share it, because he never minded sharing videos he collected of me!
@@mariegrayson628 So with all of your irrefutable evidence ...why didn't you get a real lawyer and make a real case out of it in court instead of here on RU-vid?....Sounds like fairytale to me...don't you like money?
@@stevebell4906 I have a REAL LAWYER!! Just wanted Public Opinion from individuals. See Steve, my 911 calls were hid until I was able to come up with $4,000. Everytime I was abused, they would always deny me Police Reports, because my Black Life Doesn’t Matter in Duncan, South Carolina! They’ve been ARROGANT in abusing me all these years because I quote from Duncan Police Chief Chris Miller, “ There’s NOTHING I CAN DO ABOUT IT!” I have Video and Audio Recordings! Everyone refuse to listen to the Black Woman Cry when they are all Belittling her in front of everyone and laughing 😂
@@mariegrayson628 Well if a Licensed Practicing Personal Injury Lawyer cannot get justice for you and The ACLU Can't or won't, take your cause and address that corruption...Then sadly...The only alternative I can envision is to leave that jurisdiction ....and flee to some alternative location for the remainder of your life...I cannot see any reason for you or any others to stay and endure such injustice...After all what's to say that you have even seen the worst or the end of it?
I was arrested based on a video surveillance of suspect kicking window out restaurant. Detective showed video to my probation officer and probation officer said that is definitely not my probationary. DA and detective went forward with it any ways. I was arrested and was locked up for a little over two weeks before there was a preliminary. At preliminary judge watched video surveillance and dismissed it rite of way. The DA and detective knew it wasn't me, suspect in visor was tall skinny junky I'm a short fat drug free man. Do I have a cause?
I was pulled over for a broken license plate light, cop said he smelled marijuana found a firearm and bag of CBD. I told him I didn’t smoke marijuana and he proceeded to take me in for possession of drug paraphernalia and unlawful possession of a firearm . The Prosecutor dismissed the paraphernalia charge because it was actually CBD that I was smoking . Now that the case has been dismissed does this mean he had no PC to search my vehicle and if so am I entitled to punitive damages for false imprisonment, wrongful arrest, mental anguish under 1983 for violating my 4th amendment rights
As far as I was aware even in stop and ID States you're only forced to ID if you are suspected of committing currently committing or about to commit a crime. There is no state where you must hand your identification to a law enforcement officer unless they believe a crime has been committed as far as I am aware. However if there is law or case law please leave a link. I would love to learn more.
You DEFINITELY CAN sue for false arrest, IF they don't have a valid reason for arresting you (I'm in Ontario, Canada), and/or they denied your rights (I HOPE there are ambulance recordings, but I doubt it). I plan on doing this, as I was arrested for defending my life IN MY OWN HOME (an uninvited neighbor came upstairs and attacked me!). She was drinking (I could smell it) and, I believe, on drugs (based on her nutty actions). My Legal Aid criminal lawyer said she's never had a case like this before, where her client is 100% innocent, but I'm still very worried as she barely returns a phone call. Even a basic review of the evidence showed that I was attacked in my own home, and defended myself, but this cop didn't CARE what happened. I was stupidly willing to talk about it, but he didn't want to know what happened. My attacker clearly lied about what happened, as her statement does NOT fit the physical evidence, yet I was arrested and my attacker was not. She attacked me, and broke in my door while I was on the phone with 911. This recorded proof, showing her as the aggressor, was recorded on the 911 call, along with her 2nd assault against me, and vandalism, but the arresting officer said, "I don't listen to 911 calls." How about my massive bruises, cuts, missing clump of hair, and more? He denied me my rights, lied about "advising me of my rights", did not tell me the crime I was being arrested for (I asked), denied me timely access to a lawyer - he told me that he HAD TO put the duty Council on speakerphone (at the hospital), where he would clearly be able to hear, or I could wait until I was at the police station. He intentionally mislead the bail courts, and made misleading statements (and out & out lies) in writing! I was arrested overnight, plus the next day, I was forced to miss very important medications. I was forced to NEVER return to my home of 3 years, even to move (even with police), I lost important memorabilia from my deceased mother and other items I never got back!!! I had to see my attacker listed as "The Victim" in court records, and there is currently a restraining order PROTECTING MY ATTACKER AGAINST ME!!!!!!!! Do you KNOW how emotionally traumatic that was??? I'm now homeless (I will NEVER find a rental even CLOSE to $450/month) and being forced to live with my surety, an ex who doesn't really want me here, but doesn't want me stuck in jail for over a year for a crime I NEVER committed! The prosecution eventually (when they finally looked at the case) offered me simple assault with no jail time, and I said absolutely not. I DID NOTHING ILLEGAL OR WRONG!!! My attacker was NEVER ARRESTED for MULTIPLE crimes against me (I REPEATEDLY asked for her to be), that I had 100% ABSOLUTE PROOF she committed vs the cop's INCORRECT assumption that I committed a crime. I guess the cop didn't want to risk my case being dropped (I have some reason to believe this is a malicious act by the officer). But first I must be found not guilty for aggravated assault, and I'm poor. I DO NOT trust the system at all, and will NEVER trust the police. I also have no criminal record of any kind, I am a disabled woman of almost 50 years old (I'm 47), and I am almost twice the age of my attacker, who is a lot more fit than me, and she was definitely chemically ramped up. If I had not, FINALLY, acted in my defence, I'd be dead now. Honestly, what did they expect me to do? Just die? HOPE I lived??? I had to get away to a phone to call for help! And even then, she broke in my door to get at me yet again. But instead of help, the police just victimized me again. The police in Canada misuse their arresting power on a regular basis, as punishment against acts THE CANADIAN POLICE, not the Canadian law, wants to discourage, arresting people for things that aren't actually crimes, or things they haven't done. IT MUST BE STOPPED! We need a class action law suit.
I wish I could say I can't believe this but I do. I hope you the best and that you are satisfactorily made whole on this incident. Sounds like she had friends on the force.
I've heard that threat from many totally hammered (drunk) individuals caught driving. I've heard that from individuals arrested on warrants. I've heard that from persons caught driving stolen cars. "False arrest, false arrest, if you don't let me go!" It's right up there with "What's your badge number? What's your name? Write it down for me!" and "I know the judge, I'll get you fired". (The officer's name and badge or ID number will be on the citation, by the way.)
I was handcuffed by the local police and placed in jail all because of a warrant that was a CLERICAL ERROR. I told the cop I had no warrants. This was on a Friday night and was cleared up on a Monday. It messed up my whole weekend. My time was worth more that I could have gotten from this little town if I had won from suing.
BonitaCreekWaterGuy You should always speak to a lawyer when things like this happen. I had a case very similar to Your where the city court clerk had simply forgotten to mark a ticket paid. This resulted in an arrest warrant for my client which was found years later when he ran a stop sign. We were able to negotiate a modest settlement without even filing suit. The laws for this sort of thing vary a lot from State to State. You can usually speak to a lawyer about this type of case without any fee or obligation. You should always check it out to be sure.
Mr. Lehto I am a Michigan resident I have a case in 3rd circuit currently. In which I was the passenger in the vehicle. I was asked to get out and detained into handcuffs. I am not violent, I was not trying to flee, and was 100% compliant with the officers every request. He arrested the driver for No ops on person in July of 2021. In which it became a citation in April of 2021. He put cuffs on him while he was still sitting in the driver seat. We have asked the cop 2 times to give the reason for detainment into cuffs and he can’t provide one. We filed for motion to suppress evidence they have been denied. I committed no crime and don’t even have to identity myself. The officer then went into my purse for my identification, which he is claiming is plain view but he states he had to “move” it which he does in the video to see inside my purse that’s not plain view. He would need to be able to view it from far way as well as up close if it were plain view. I have the new Judge. I also have another traffic case with this, which I’m finding the investigation was done half assed. Excuse me. There’s no statement from the other driver EVER. There’s no CDR from the Harley, no speed from them, and no skid marks. They hit me, but the cops said I pulled in front of them, that would be true if they hit the front of my vehicle but they hit the back! They want me to do a YEAR in Wayne county! I need help. I am financially Done. This Has gone on for 2 years. They didn’t charge me for 300 days. The charges sat unsigned from Nov to June.
I was arrested for felony possession of a silencer and impersonating a police officer with no evidence I ever attempted to impersonate a police officer I had a plate carrier with a US Marshall’s patch on it and I had a prop badge as well was using items to make a brochure to sell tactical medical first aid kits. And the silencer wasn’t a silencer at all it was misidentified but I was arrested put in jail overnight released the next day and all charges were dismissed by the DA before I showed up at arraignment. Do I have a case for false arrest?
So a person can be arrested by a cop, loose their job and other things, and be found not to be the right person according to the courts, and there is nothing they can do? Really?
Police can do whatever they want and make up something that sounds good for probable cause and that's going to stick. Police can make a mistake and it's excused with no accountability or punishment but I make a mistake and go to jail. And this is justice!??
Good video, I’m suing a Long Island officer for this they had me under petite larceny. I was in the cell for 7 hours for something I didn’t do I want vengeance
If after I’m detained and given frivolous charges, do I have any recourse for getting punitive damages? I was pulled over and cited but proved in court that I was operating my vehicle lawfully. All charges were dropped but I’m still out tow fees plus being hotboxed in front of my neighbors.
What if you are detained for over 30 minutes without any crime whatsoever ? Like if a cop pulls up on you at a gas station and demands I d but there is no crime and they plainly state that there is no crime . Would that be considered false arrest or illegal detainment ?
Hi, I don't know if you read comments on old videos, but if you do here is my question. When you described 1983 it sound like if the state deprived you of a constitutional right then you have a right to sue. What about in the people that lived and or operated a business CHOP/CHAZ in Seattle, but because the local government failed to enforce the law. The local people were denied thier constitutional rights to their property and etc.
in some states the police will make something up to pull you over. a few years ago I was pulled over on my way home from work for the weekend. my mom was with me and agreed with me I was not swerving, but that's what they pulled me over for. it then turns out I have some old warrant for a traffic ticket and arrest me along side the highway. they put me in the back of the police car, 2 cops in the front. they have the nerve to ask if I have money in the bank to pay the traffic tickets, I say I do, they let me go continue on my way home. while in the police car, I ask for more information, where I need to go to take care of this, anything at all they can tell me. they point to a computer screen, "it says there". absolute bullshit. in just the last few months I got the help of a state reps office. it took them more than a month to sort it out with the department of transportation. it turns out I paid that fine long long ago and I owed absolutely nothing. so aside from my not wanting to do anything about this mess, what did I actually do wrong.
A friend was stopped by police for a paper moving permit on his vehicle.After realizing everything was ok on the permit, the Las Vegas metro police officer started fishing and stated his eyes were red ( he works graveyard at a hotel in Downtown Las Vegas. She (the police officer)asked him to take 3 field sobriety tests. He passed the first two. The third test she asked him to stand on one foot and close his eyes and count to 30. Well after doing this she stated her watch counted to 32 seconds compared to his 30 seconds that he counted out loud. First of all we are not stop watches, and secondly I probably could not pass the test sober. I tried it and its very difficult. Well he didn't passed the third test but because her time and his time did not match up and the was reason to arrest him for DUI. He was booked into Las Vegas Corrections and released 15 hours later after drug test came back negative. When he told me this I was so angry I wanted to do something. He had his vehicle towed and that alone could easily cost 300 to 400 dollars to get out of the tow yard. He also missed a day of work. Anyone working at a customer service job does not make great money (compared to police who average in Las Vegas $150,000 to $200,000 annually) He was also put into their data base which means everytime his plates are ran by the police its a flag on him. Can he sue for false arrest and kidnapping and have his info scrubbed from their data base?
I’m not a lawyer but I’d say no, he can’t challenge it by saying the stop was illegal. They had reasonable suspicion about his registration, and from that they grew suspicious of his sobriety. The fact that his registration was ok does not make the stop illegal.
@@DozensOfViewers It's not the stop I am upset about, It was the fishing expedition by the officer to try to find something to string him up after realizing everything was legit. He just got off graveyard working all night . Of course his eyes are probably gonna be red. If he had nothing in him than he wouldn't have given any signs of being under the influence. Personally I would have refused the tests and asked for a breathalyzer. I would have waited until one could be provided if the officer didn't have one available. Now this man has to deal with all this bullshit because some officer can not determine if someone is under the influence.
My dad was hired to do a job to load equipment on a truck at jet foods on March 11th 2022 in Harvey, IL after a online auction. After my dad loaded the truck 5 police officers showed up and charged him with burglary, The police took my 12 year old sister in custody, and they towed my dads legally parked car. The police let the truck my dad loaded leave with the equipment he loaded that was supposedly stolen drive off and then 7 hours later the police changed the charge to criminal trespassing, on my dads first court date charges dismissed. Also at the scene the police talked to the auction company and a employee of jets foods who both told the police my dad was hired to load the truck, but the police still arrested my dad, kidnapped my sister and stole my dads car. We’ve been trying to pursue a lawsuit for holding my dad and sister held for 7 hours before they were released for his unlawful arrest. We want to sue them but what's steps to start for a lawsuit for this. If can you please help us maybe give us information on what to do or an outlet to go too be much appreciated. It all happened in Harvey, Illinois.
What if they arrest you for something that is not actually a crime. for example refusal to ID in a state that is not a stop and identify, and the sole reason for the arrest is that refusal.
Hi Steve, what about the cases of the 1st amendment auditors, where the local LEO's get a call from a postal employee or any federal employee for that matter that doesn't like themselves being filmed in a public setting while performing their duties? Usually it goes that the officer that shows up says on the one hand that you aren't violating the law by filming in a public space, but then go on to demand the auditor provide his or her ID and insist they have the right to demand such and you must provide your ID or be arrested. All while not being able to articulate any law they are violating. It is amazing to me - a huge supporter of most police officers, how utterly ignorant of basic law many of them actually are, with no understanding of civil rights, etc as I've heard you very carefully explain... Now some of these auditors are looking to rile the police, but many others are concerned about the eroding of 1st, 4th, and 5th amendment rights that law enforcement is hastening under the guise of their safety and the phrase: in this day and age of terrorism... what's your take?
Usually those end up as trespass cases. The postmaster tells you to leave, you don’t leave, cops arrest you for trespassing. That’s all legal. If you want to argue that the postmaster has no right to tell you to leave and their rule against filming is unconstitutional, you can sue in Federal court and most likely lose. How much money you got for lawyers?
The loss of qualified immunity for intentional civil rights violations is a good rule. Just never heard of a case where their pension was attached, have you? The governmental bodies often loose. It's not spread to the actual purpitrators. Turner v Driver said not this time so the police were immune even when the precedence was set for loss of immunity. The system covers individuals even when they cause the loss of many tax dollars.
Want to affect the cop PERSONALLY? especially in cases of contempt of cop.. victims should file for permanent restraining orders against the cops involved to prevent retribution while you go after their police certifications and their surety bond.. a RO cannot be self investigated away and will get them anger management and red flag intervention while they get unemployed and unemployable... Public safety, unlike officer safety, is not cowardice.
Could you do segment on double jeapordy? Here in Hawaii there was a Department of State Security Person, last name Deedy, who shot and killed an individual who supposedly attacked him. Two trials one the jury found him innocent of the charges then the second trial was a hung jury on the charges. How can the State keep trying you for the same crime under different charges.
I'm still protesting my deportation to the Sentinel islands after being shot five times during a traffic stop during which my status as a sovereign citizen and right to drive without a license were hotly debated. On the bright side, the locals have sworn off batter frying any more of my toes and there are no DMV offices in sight.
Hi Steve, would you speak about the difference between an arrest warrant and a search warrant? I’ve seen a video by someone in law enforcement in which they equate an arrest warrant with authority to search-say, a residence-for the named person. When I look at the text of a California arrest warrant, however, it only speaks to a judge being satisfied that probable cause has been established and the named person can be arrested upon contact. Does an arrest warrant grant power/authority to search private property? Thanks!
I think they can enter to arrest a person who is the subject of an arrest warrant, but only in certain circumstances. They have to be pretty damn sure he’s there. It can’t be a guess or a hunch. And of course, if they have permission to enter, that is always allowed.
Can you defend yourself if a rent a cop at a store attempts to detain you by falsely accusing you of stealing or do you have be handcuffed and be detain until he/she determines whether your innocent?
My example: I, owning a truck, was assisting my sister-in-law and her husband to move and transplant a tree. The sister-in-law saw this as an appropriate opportunity to lecture me regarding my son's "sins." I listened...etc. etc., etc. acknowledged that the idea had been expressed, and heard; and that I would like to add a reply---DENIED! more information--DENIED!!, more etc. Wash, rinse, repeat... I finally addressed her through and under and over continuing verbiage that, since no discussion was to be permitted, and I was unlikely to benefit, my participation (if any) was at an end and I was leaving. She first tried to block my vehicle until it became obvious that I was winning per the lug nuts rule, after which she ordered her husband to lock the gate with me in it. Was I at that time falsely arrested? ( No further physical contact was made after I informed BIL "I'd think about that again if I were you!")
Can you explain qualified immunity in one of your videos? Case in Pittsburgh where a city snow plow driver ripped up a car, and the city said “oh well, we are immune to responsibility “
The snow plow here tore out several mailboxes, mine included, they also went so far over the curb they tore out 2 ground level sprinkler heads and grass. They replaced everything in the spring. We were given temporary mailboxes on wooden stands until the thaw. Seems like Pittsburgh should have a similar resolution policy.
Steve - really enjoyed this topic. Can you comment on the differences between 42 USC 1983 and 18 USC 242? It appears that 242 may be more expansive than 1983. Thanks, Ken
How about a DUI arrest where it was shown that the officer had no probable cause for the stop / search ? (And the entire thing was thrown out with a motion to suppress). Is that something that can be remedied?
