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Can You Sue the Police Over Discrepancies Between Their Report and a Recording

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  • 07-09-2015, 10:10 AM
    QuiXotiC
    Can You Sue the Police Over Discrepancies Between Their Report and a Recording
    My question involves defamation in the state of: Wisconsin

    A long while ago (as a 21 y.o. American) , I was arrested at 4 a.m. after "failing a field sobriety test" (I blew a .089 according to the police report, at the time the officer told me I blew a .081) Either way accordingly this chemical test is inadmissible and the officer doesn't have to show me or tell me.

    The police report describes me as being unable to process information, the officer described me as being hostile and rude to the court.

    The order of events in the report

    1) Traffic Stop
    2) Field Sobriety Test
    3) Arrest
    4) Arresting officer instructs his partner to search my vehicle, Marijuana is found
    5) Informing the Accused (not Miranda, implied consent) of intent to take a chemical blood test
    6) Refusal
    7) Miranda warnings and interrogation in the police station.
    8) Released from the police station only after getting hold of an 18yo (responsible party)

    According to me, I was pleasant and polite. After the arrest while in the squad car, upon being asked where the keys to the vehicle were, I said "The keys are in my pocket... You can't search my vehicle you have no right to search my vehicle you have no warrant."
    Upon being informed of implied consent, I invoked my right to legal counsel and it was denied.

    I made a plea deal with the prosecutor at the time because, my word vs the officers, I would lose. I got an automatic OWI on a technicality per the refusal, with minimal punishment (no IID).

    As of recent, I have obtained a verbatim copy of the audio + video from the squad car.

    Quote:

    Me: Ok, why are you guys searching my car, I thought it was ilegal to search my car without permission and I thought it was ilegal without a warrant so... could you explain that to me? And i thought you had to tell me what I blew and show me what I blew.

    Officer: I did tell you.

    Me: No you told me, you didnt show me. And I asked you specificaly to show me.

    Officer: No actually I'm not required to show you or tell you what you blew right there.

    Me: Alright I'm sorry about that then, can I ask you why you are searching my vehicle then?

    Officer: Ya, you are under arrest so we are searching your vehicle for evidence of a crime.

    Me: What crime?

    Officer: OWI, anything that can impair that may be in your vehicle, so far we found marijuana

    Me: Ya but you didn't...

    Officer: We dont need your consent.

    Me: Ok

    Officer: I'm gonna read you a form that will explain whats gonna happen from here on out - ok?

    Me: Alright,
    I'm pretty confident I'm going be able to beat the OWI at this point... As this case is a civil case in a municipal court, can I make a counter claim in regards to Defamation/False Light after I use my new evidence to re open the case?
  • 07-09-2015, 10:29 AM
    cbg
    Re: Discovered Evidence That Proves a Faulty Police Report
    And this happened how long ago?
  • 07-09-2015, 10:46 AM
    QuiXotiC
    Re: Discovered Evidence That Proves a Faulty Police Report
    2011, I'm using wis stat §805.15(3)
  • 07-09-2015, 11:10 AM
    cdwjava
    Re: Discovered Evidence That Proves a Faulty Police Report
    Which of the four items listed in that section are you hanging your hat on? Which of them would not have been available if you had gone to trial?

    What does your attorney have to say about your chances of overturning a plea deal?
  • 07-09-2015, 11:28 AM
    QuiXotiC
    Re: Discovered Evidence That Proves a Faulty Police Report
    a) Yes
    b) I requested the audio video 2x leading up to making the plea bargain from the police department and they denied me. I also am representing myself, as such have spent the last few years diligently studying the law (when I am not being a productive member of society working full time). I also have evidence per the letter of the law that this is a constructive crime, I'm prepared to also bring up my right to travel in contest of the traffic stop to begin with, and more.
    c) the evidence is material
    d) yes
  • 07-09-2015, 12:07 PM
    Mr. Knowitall
    Re: Discovered Evidence That Proves a Faulty Police Report
    Quote:

    Quoting QuiXotiC
    View Post
    Either way accordingly this chemical test is inadmissible and the officer doesn't have to show me or tell me.

    If the chemical test was ruled inadmissible at the time, it's irrelevant to this discussion.
    Quote:

    Quoting QuiXotiC
    The police report describes me as being unable to process information, the officer described me as being hostile and rude to the court.

    So what? A police report isn't evidence.
    Quote:

    Quoting QuiXotiC
    I made a plea deal with the prosecutor at the time because, my word vs the officers, I would lose. I got an automatic OWI on a technicality per the refusal, with minimal punishment (no IID).

    So you chose to plead guilty to OWI based upon your refusal to cooperate with testing. You were not convicted of possession of your marijuana.
    Quote:

    Quoting QuiXotiC
    I'm pretty confident I'm going be able to beat the OWI at this point.

    Nothing in the excerpt you presented has even the slightest bearing on your choice to plead guilty to OWI.
    Quote:

    Quoting QuiXotiC
    As this case is a civil case in a municipal court, can I make a counter claim in regards to Defamation/False Light....

    The statute of limitations for defamation cases is two years. You're well past two years so, no, even if we presuppose that you could articulate a defamation case and leave aside issues of governmental immunity, your claim would be time-barred. Even if we were to presuppose that some form of invasion of privacy were involved, Wisconsin does not recognize the tort of false light invasion of privacy.
    Quote:

    Quoting QuiXotiC
    View Post
    2011, I'm using wis stat §805.15(3)

    You state that you chose to plead guilty to OWI based upon your refusal to submit to chemical tests. Leaving aside the fact that you confessed to that crime, under oath, when you entered your guilty plea, nothing in the excerpt from the recording you provided is relevant to (a) why you were pulled over, (b) whether your driving was impaired, (c) your refusal to cooperate with chemical tests, or (d) your choice to plead guilty. What in the recording is relevant to your guilty plea?

    Further, there is no plausible reason why you would not have been able to obtain the recording had you made a diligent effort at the time you were charged, let alone why it would take you four additional years to get a copy.
    Quote:

    Quoting QuiXotiC
    View Post
    I also have evidence per the letter of the law that this is a constructive crime

    You believe that what is a constructive crime, and what do you believe a "constructive crime" to be?
    Quote:

    Quoting QuiXotiC
    I'm prepared to also bring up my right to travel in contest of the traffic stop to begin with, and more.

    If you start introducing crackpot theories of your "right to travel", the court will quickly recognize you and and in all likelihood dismiss you as a crank.
  • 07-09-2015, 12:25 PM
    QuiXotiC
    Re: Discovered Evidence That Proves a Faulty Police Report
    Im sorry, I plead not guilty but was charged guilty, the plea deal part was in regards to the marijuana and an agreement about the IID. (To the best of my understanding)

    A constructive crime is created through strained construction of penal statute by assumption, It's in blacks law 10th edition (i'm just paraphrasing)

    The right to travel is well documented, it is also derivable from the International Human Rights Treaties signed by the united states in 2002, through article 6 of the constitution. Either way I did have a Drivers License at the time. I have also successfully argued it in municipal courts to the point of trials not being set.

    By fruit of the poisonous tree doctrine, If I can prove my rights were violated prior to the informing of the accused I'm golden?

    Also why is a police report not evidence?
  • 07-09-2015, 12:30 PM
    flyingron
    Re: Discovered Evidence That Proves a Faulty Police Report
    I'm not sure how 805.15 applies here. The evidence wouldn't have changed what happened. You knowingly, understandingly, and voluntarily plead guilty. I'm still having a problem understanding a possible misstatement of facts regarding the search (which wasn't used in evidence against you anyhow) is going to change the outcome.
  • 07-09-2015, 12:41 PM
    Mr. Knowitall
    Re: Discovered Evidence That Proves a Faulty Police Report
    Quote:

    Quoting QuiXotiC
    View Post
    Im sorry, I plead not guilty but was charged guilty, the plea deal part was in regards to the marijuana and an agreement about the IID.

    When you change your plea to guilty, you are pleading guilty.

    You previously indicated that you entered a guilty plea only to OWI. Your statement, "the plea deal part was in regards to the marijuana and an agreement about the IID", is not clear. Exactly what charge(s) did you plead guilty to having committed?
    Quote:

    Quoting QuiXotiC
    A constructive crime is created through strained construction of penal statute by assumption, It's in blacks law 10th edition (i'm just paraphrasing)

    You are not answering my question. I know what a constructive crime is; you have not indicated what you believe it to be, or even what crime you are talking about as a possible "constructive crime". So far it sounds like you're tossing around a legal term that you don't understand, and cannot even relate it to the charges filed against you.
    Quote:

    Quoting QuiXotiC
    The right to travel is well documented, it is also derivable from the International Human Rights Treaties signed by the united states in 2002, through article 6 of the constitution.

    And you don't understand what it means, and you are going to come across as a crackpot if you make nonsensical arguments in court based upon your very obvious misunderstanding of your rights.
    Quote:

    Quoting QuiXotiC
    Either way I did have a Drivers License at the time.

    An international driver's license is a translation of a driver's license and, of itself, conveys no right to operate a vehicle in any country.
    Quote:

    Quoting QuiXotiC
    I have also successfully argued it in municipal courts to the point of trials not being set.

    No, you have not.
    Quote:

    Quoting QuiXotiC
    By fruit of the poisonous tree doctrine, If I can prove my rights were violated prior to the informing of the accused I'm golden?

    You're again tossing around terms you don't understand. You believe that what evidence should be suppressed based upon what prior error or misconduct by the police? The only evidence you state that the police seized was the marijuana, and you previously suggested that the possession charge was dismissed.
  • 07-09-2015, 01:25 PM
    QuiXotiC
    Re: Can You Sue the Police Over Discrepancies Between Their Report and a Recording
    I never plead guilty, I plead not guilty to OWI, and no contest to the possession charge.
    I was CHARGED guilty not Changed.


    The only reason I have an OWI is because of the refusal. The refusal was obtained after evidence was illegally obtained and the only reason an informing of the accused was given, was in light of illegally obtained evidence.

    I had a valid WI drivers license, are you constructing my international drivers license?

    I am calling the OWI by refusal a crime, and one of construction.

    The letter of the law is also material evidence. There were no exigent circumstances in regards to my search and seizure.

    When you say I haven't successfully argued the right to travel is that because you know it all?
    Have you read http://www.constitution.org/lrev/roo...aned_right.pdf a 2005 OKCUL review. Your crackpot attitude is incredible.
  • 07-09-2015, 01:45 PM
    Mr. Knowitall
    Re: Can You Sue the Police Over Discrepancies Between Their Report and a Recording
    If you are stating that all charged were dismissed, then you have no conviction and it would be a waste of time to bring a motion to have your non-existent conviction set aside. But that raises the question of why you would lie to us and say "I made a plea deal with the prosecutor at the time" if in fact you made no plea deal and did not plead guilty to any charges.

    Again, an international driver's license is a translation of a driver's license. It can merely assist you if you're in a foreign nation where an officer or other person doesn't understand the language on your actual driver's license.

    I know that the claims about a "right to travel" predicated on international law have not worked for you in traffic or criminal court because that is a crackpot theory that has been rejected every single time it has been raised. You have no right to drive without a license. You have no right to drive when drunk. An article that confirms that the argument has no valid legal basis, but argues that people felt differently more than a century ago at the dawn of the automobile era, changes nothing about that.
  • 07-09-2015, 02:08 PM
    QuiXotiC
    Re: Can You Sue the Police Over Discrepancies Between Their Report and a Recording
    Where did I ever say the charges were dismissed?
    My plea deal was in regards to a no contest plea on the possession ticket.
    Where do I mention an international drivers license?
    Where did I claim to be in traffic or criminal court? I have only ever argued my right to travel in civil court.
    Why is your mind so closed?
  • 07-09-2015, 07:25 PM
    Mr. Knowitall
    Re: Can You Sue the Police Over Discrepancies Between Their Report and a Recording
    I was pointing out that your claims make no sense. I am glad you agree. It is very obvious that you did enter a guilty plea and were convicted of the offense to which you entered your plea, even if you are for some reason to clueless to understand that or too stubborn to admit the obvious.

    You are also lying and wasting our time.
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