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Re: Motion to Return Property
As your story about why you were carrying the cash is laughable and absurd, I think litigation is more likely to leave them with an $18,000 profit. But you go right ahead and sue them - because I'm sure the police will be thrilled at having you sit in a deposition, under oath, and answer questions about your gun sales.
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Re: Motion to Return Property
This is sounding awfully like an episode of one of the true crime shows.
Seriously.
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Re: Motion to Return Property
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aclark17
This was illegal search and seizure
It's only illegal if they had no probable cause or lawful reason to search you. Since a court hasn't ruled on it and they haven't stated what their reason was, then it's a long way from "illegal search and seizure."
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aclark17
Well what is it going to cost them $100,000?
It'll probably cost them nothing since it's unlikely that you are going to pursue this in a civil suit. But, you can always pay an attorney to give it a go.
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Re: Motion to Return Property
So should I file this motion tomorrow as of now they are doing an investigation and holding my property as evidence. Also does anyone have link to a simple template or sample motion. Again I have not yet been charged with anything I have been into the da's office and nothing is on file. The amount of evidence they have would take about 5 minutes to compile it is going on a month.
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Re: Motion to Return Property
Given that you do not even know what they are investigating nor what evidence they might have, how would you have any idea how long it should take?
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Re: Motion to Return Property
It won't cost them a penny. They have a financial backer that underwrites all of their costs.
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aclark17
Because my headlights were off and and a male enchantment pump was in the backseat. It was a rental car.
For some reason I suspect that wasn't a typo. I'll bet you call you penis your magic wand, don't you?
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Re: Motion to Return Property
Today I spoke with a lawyer who wanted 6000 to get it back.
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Re: Motion to Return Property
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aclark17
Today I spoke with a lawyer who wanted 6000 to get it back.
you let us know how that works out for ya. As with the rest of your thread, it is obvious BS.
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Re: Motion to Return Property
He said he wanted 25% and that my rights had been violated. He also said it was illegal search and seizure and suing for damages is possible. Can I also sue for the attorney fee?
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Re: Motion to Return Property
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aclark17
I would like some people here give me there best guess on what is going to happen next here
my best guess is that you go end up going to jail
hire a lawyer now.
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Re: Motion to Return Property
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aclark17
He said he wanted 25% and that my rights had been violated. He also said it was illegal search and seizure and suing for damages is possible. Can I also sue for the attorney fee?
yep, let us know how it works out for you.
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Re: Motion to Return Property
Going to jail? I have not been charged are telling me they are waiting to charge me for Christmas? Why then was I released without charges ? What will I be charged with?
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Re: Motion to Return Property
I'm almost wanting to get my film crew ready...
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Re: Motion to Return Property
Maybe they will pull the film in court if me getting pulled over and to ripped from the car in less than 5 seconds
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Re: Motion to Return Property
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aclark17
Maybe they will pull the film in court if me getting pulled over and to ripped from the car in less than 5 seconds
maybe Carl could use it for a training film. Sounds like they were pretty proficient and efficient.
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Re: Motion to Return Property
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aclark17
He said he wanted 25% and that my rights had been violated. He also said it was illegal search and seizure and suing for damages is possible. Can I also sue for the attorney fee?
Either you're lying or he's lying.
Why do I say that? Re-read what you wrote.
You'll understand at some point.
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Re: Motion to Return Property
Making fun of the math?
I somehow doubt that the self-created record of gun possession and gun sales made it into this claimed consultation with a lawyer....
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Re: Motion to Return Property
It didn't make it into the district attorneys office either
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Re: Motion to Return Property
We can change that for you. Do you want us to do so?
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Re: Motion to Return Property
We'll I'm here at the bank getting print out of all the deposits made to my business . These are checks written to me by people who all live in the city I work in for work I performed on there home. The statements show that immediately after I make a deposit i withdrawal the money. May I remind you that my constitutional rights had been violated and this was illegal search and seizure and nothing was found in the car and no illegal activity took place on my phone. I have hired a lawyer and plan to collect my money as well as damages for the time the money is withheld , the impound of the rental car, the time I spent in jail, and the work I lost during my incarceration. Would you be willing to settle for just returning my property.
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Re: Motion to Return Property
And, of course, you have paid taxes on this income, right? And, you have a valid contractor's license, correct?
And, you have obtained a police report explaining why you were searched and the items seized and in that report the officers admitted that they had no lawful right to search or arrest you?
Good luck with your effort ... you're likely to need it!
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Re: Motion to Return Property
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May I remind you that my constitutional rights had been violated and this was illegal search and seizure
you keep saying that. Every time you do it reminds me of a movie:
Clueless
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Re: Motion to Return Property
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aclark17
We'll I'm here at the bank getting print out of all the deposits made to my business . These are checks written to me by people who all live in the city I work in for work I performed on there home. The statements show that immediately after I make a deposit i withdrawal the money.
That proves all of nothing in relation to the $18,000. Had you pulled $18,000 out of the bank that morning, you would have a plausible argument. Your bank records suggest that you spend money as you "earn" it. Further, as should be obvious even to you, if the payments were for painting work you have to buy supplies with that money. (Not just the guns you show off or try to sell on various websites.)
Further, your business model as stated around the web is that you were planning on hiring other contractors to do the work, and your posts on painter websites reflect an extraordinarily low level of skill and knowledge on your part, so if you were in fact providing services I expect a lot of that money went to the people who did the actual work. (Are you going to put the deputies in touch with this guy?)
And... oh, my. Okay, most people don't put pictures of their STD online, but... HPV?
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Re: Motion to Return Property
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aclark17
We'll I'm here at the bank getting print out of all the deposits made to my business . These are checks written to me by people who all live in the city I work in for work I performed on there home. The statements show that immediately after I make a deposit i withdrawal the money. May I remind you that my constitutional rights had been violated and this was illegal search and seizure and nothing was found in the car and no illegal activity took place on my phone. I have hired a lawyer and plan to collect my money as well as damages for the time the money is withheld , the impound of the rental car, the time I spent in jail, and the work I lost during my incarceration. Would you be willing to settle for just returning my property.
HAHAHAHAHAHAHAHAHAHAHAHAHA.
No, no you didn't.
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Re: Motion to Return Property
At this point my burden is not to proove where I made the money but it is yours to proove that I made it illegally and for the record I made this money working. Are you trying to show that I was sexually harassed as well I really don't appreciate your comments.
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aclark17
At this point my burden is not to proove where I made the money but it is yours to proove that I made it illegally and for the record I made this money painting. Are you sexually harnessing me?
I've never needed to harness anyone.
(Well there was that one time but he was a willing participant)
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Re: Motion to Return Property
Listen I need some real advice here yes I paid for labor and materials on these jobs my total income this year was 25000
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Re: Motion to Return Property
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aclark17
At this point my burden is not to proove where I made the money but it is yours to proove that I made it illegally and for the record I made this money working. Are you trying to show that I was sexually harassed as well I really don't appreciate your comments.
proove?
is that how one spells prove in states with large cattle industries?
I guess the harness statement would make a bit more sense if that were the case, at least if OP is into bovine trysts.
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Re: Motion to Return Property
I thought they only treat humans like cattle in mexico.
I suppose these were Young Hispanic officers in a Hispanic part of town within Los Angeles. Me being white makes this man slaughter.
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Re: Motion to Return Property
Are you high/drunk? Your posts make less and less sense as the day wears on.
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Re: Motion to Return Property
Actually no one here has to prove a damned thing. We're not the ones charging you or trying you; we are not the ones who have your money or "ripped you from the car" and we don't owe you anything at all. Including a defense.
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Re: Motion to Return Property
I mean I have heard of this crap happening in mexico
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Dogmatique
I've never needed to harness anyone.
(Well there was that one time but he was a willing participant)
Use spurs?
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Re: Motion to Return Property
Should I take my bank statements into the sheriffs department? Will this have any effect their investigations?
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Re: Motion to Return Property
I suppose they'd make great paper airplanes?
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harrylime
Use spurs?
I plead the 5th :D
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aclark17
Should I take my bank statements into the sheriffs department? Will this have any effect their investigations?
Yes. I believe you should provide them with every bit of evidence they can use to prosecute you. It saves them obtaining warrants and it removes you attempting to quash a warrant or suppress the evidence obtained from it.
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Re: Motion to Return Property
I don't see how that can be used to prosecute me. I'm sure it could but it's all I have after they took my money. What else can I do?
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Re: Motion to Return Property
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aclark17
I don't see how that can be used to prosecute me. I'm sure it could but it's all I have after they took my money.
since you are ignorant to the charges they are considering, how do you know what good it would or wouldn't do?
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What else can I do?
wait until they come back with the handcuffs out.
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Re: Motion to Return Property
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aclark17
I don't see how that can be used to prosecute me. I'm sure it could but it's all I have after they took my money. What else can I do?
Hearsay on both sides