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  1. #1
    Join Date
    Feb 2011
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    3

    Question False Kidnapping to Commit Robbery Charges on My Arrest Records

    My question involves defamation in the state of: California

    This happened less then 11 months ago. I'm wondering if I have a case.

    When I looked outside the peep hole of my front door, there were two undercover cops. Then when I came out, about 8 cops swarmed me! They said they had a warrant for my arrest and could arrest me outside infront of all the neighbors OR allow me to come in my house and search it. I chose choice B, but once they came in they basically kicked doors open holding their guns, just to make sure there were no people hiding in my house. I gave them permission to search the entire house, because I didn't have anything to hide.

    There was a $1 million bail placed. I couldn't believe what was happening! Apparently, there was a home invasion/kidnapping with a gun that took place at a $5million home a few cities away a few days prior.

    The robber tied the lady's hands up with trash bag fasteners. As the attacker hurried to get away, he stashed a briefcase in some bushes with a gun and some random names of high end realtors. In the brief case was a piece of my mail. They showed the victim my Drivers License picture, and she said it looked like me! She said it was a "dark looking caucasian." They kept me in a cold room for about 5 hours until they went thru my laptop, called witnesses who saw me that day, and checked out my debit card transactions from looking at my online bank accounts to verify my wherabouts.

    After I proved to them that it was impossible for me to be in that particular city at the time of the crime, they drove me back home. In the meantime, they had my laptop and didn't give it back until the next day. I guess they needed to finish downloading my computer files JUST IN CASE gun came back with my DNA on it they said.

    Actually they never technically "arrested" me even though they had a WARRANT to "detain" me. They put handcuffs on me infront of the entire culdesac and "detained" me for questioning. They never booked me. They released me bec there was not sufficient evidence. They told me that if I said no to signing something that would let them keep my computer, they would just get a warrant from the judge to do it anyway, and that will keep me in jail at least another 1-2 days, so I signed. So, I signed something that allowed them to invade my privacy even more just to get out of jail.

    Whenever somebody does a background check on me, they can see 209 (B) which is KIDNAPPING TO COMMIT ROBBERY, even though it wasn't me.

    About a week later, I found out they caught the suspect and he had the same EXACT NAME as me, but a different middle initial. The reason he had a piece of my mail is, because a collection company for a past due bill sent him my mail.

    I don't think I can sue the Police Department, but can I sue the collection company?

  2. #2
    Join Date
    Jul 2010
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    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    For what? You can certainly consult a few local attorneys to see what they think. Their response will give you an approximation of your chances of prevailing.

  3. #3
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    Feb 2011
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    3

    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    Quote Quoting free9man
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    For what? You can certainly consult a few local attorneys to see what they think. Their response will give you an approximation of your chances of prevailing.
    For the collection company sending out my personal mail to a previous FELON who caused my reputation to be tarnished. The felon and myself do have the same name with the exception of having a different middle initial, but our addresses are completely different, and now my reputation and criminal record is ruined forever...The KIDNAPPING TO COMMIT ROBBERY is on my permanent criminal record for something that I didn't do. Companies do background checks nowadays and see the "KIDNAPPING TO COMMIT ROBBERY" charge on my record!!

  4. #4
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    Jul 2010
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    8,006

    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    I'm not sure how CA works, others may chime in with more knowledge, but perhaps consult an attorney to see about getting it off your record. It sounds like a minor clerical error on the CA's part, given that your names are so similar. You might have an action under FCRA/FDCPA or CA's version but that won't get you any big bucks.

  5. #5
    Join Date
    Sep 2005
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    California
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    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    Quote Quoting bud1234
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    So, I signed something that allowed them to invade my privacy even more just to get out of jail.
    So, to be clear ... did you have pictures and fingerprints taken at a jail? Were you released with any documentation such as a citation or a document that said you were detained only pursuant to PC 849(b)? Were you just uncuffed and allowed to leave?

    Whenever somebody does a background check on me, they can see 209 (B) which is KIDNAPPING TO COMMIT ROBBERY, even though it wasn't me.
    How do you know this? If you were never booked, they will not see that on any local arrest records. What they MIGHT see is a court record (public document) indicating an arrest warrant (if that is what it was) was issued for the charges, but there would be no arrest record to support it if you were not booked and processed.

    I don't think I can sue the Police Department, but can I sue the collection company?
    No. They made what was likely a reasonable error and did not act with recklessness or malicious intent.

    Penal Code section 851.8 allows for a person to petition for the removal of a record that indicates an arrest only. You may want to look into that.

  6. #6
    Join Date
    Jan 2010
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    New Jersey
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    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    Quote Quoting bud1234
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    For the collection company sending out my personal mail to a previous FELON who caused my reputation to be tarnished. The felon and myself do have the same name with the exception of having a different middle initial, but our addresses are completely different, and now my reputation and criminal record is ruined forever...The KIDNAPPING TO COMMIT ROBBERY is on my permanent criminal record for something that I didn't do. Companies do background checks nowadays and see the "KIDNAPPING TO COMMIT ROBBERY" charge on my record!!


    Explain to me how this charge of "KIDNAPPING TO COMMIT ROBBERY" is on your record?

    If I were to enter your social security number into an FBI computer, what would show?

    Or, are you saying that if I were to enter your first and last name into a Google search bar, a guy with the same name as you that was charged with "KIDNAPPING TO COMMIT ROBBERY" would show, and people would get you confused with him because of a simple name search through Google?

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    Criminal records are NOT based on name, except for perhaps poorly done commercial databases. Criminal records are based on a combination of name and date of birth, social security number, plus fingerprints.

    One could argue the situation either way, as you could argue in court that you were effectively arrested, and the state could argue you were not. However, being taken into custody and held that long is an actual arrest if you are booked or not. This is false imprisonment, period. If the police could show justification for it is another matter. I doubt any attorney is going to risk the legal battle and expense to find out.

    I would wonder how they had the "name" of the person who did the crime, but didn't have fingerprints, DNA, etc.

    If the info is in a private database, you might have to sue them for monetary and equitable relief.

  8. #8
    Join Date
    Feb 2011
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    3

    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    cdwjava- Yes I did have pictures and fingerprints taken at the jail. They wanted to make sure my DNA was not on the gun. They did give me a pink piece of paper I have somewhere in my house saying something along the lines of me being detained for a warrant pursuant to PC 849(b). I need to look for the actual document...The two detectives drove me home in the back of their car. One was driving, and the other was sitting in the back with me while I was un-cuffed.

    "How do you know this? If you were never booked, they will not see that on any local arrest records. What they MIGHT see is a court record (public document) indicating an arrest warrant (if that is what it was) was issued for the charges, but there would be no arrest record to support it if you were not booked and processed."---by cdwjava

    cdwjava- Well, I was recently arrested for being above a .08 and I've hired an attorney to fight it. I was sent my arrest records from the DMV who used CLETS database. On the report it says:

    ARR/DET/CITE:
    201004@@
    -WARRANT
    209 (B) PC-KIDNAPPING TO COMMIT ROBBERY
    WARRANT #0@$#58@5
    COM: ADR-201004@@ (then it has my home address)
    COM: SCN-64*@@%#001



    Who'sThatGuy- It shows up in the CLETS Database that I had a WARRANT for this offense. It lists my arrests from when I was driving on a suspended license 15 years ago, ect. Then is shows that I had a WARRANT for 209 (b) PC-KIDNAPPING TO COMMIT ROBBERY. So, it doesn't say I was arrested for this charge, but it shows that I had a WARRANT for this charge which looks just as bad if you ask me. If you entered my SS# into the FBI system it would show this WARRANT I had. Even on this CLETS arrest report provided by the DMV, it even says I have an FBI number. There is nothing on the internet or google that shows I was "detained" by the Police Department. However, it was embarrassing to have 8 cops and five cars show up to my house and tell me that I was the lead suspect for a crime that I didn't commit.

  9. #9
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    Sep 2005
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    California
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    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    Quote Quoting bud1234
    View Post
    cdwjava- Yes I did have pictures and fingerprints taken at the jail. They wanted to make sure my DNA was not on the gun. They did give me a pink piece of paper I have somewhere in my house saying something along the lines of me being detained for a warrant pursuant to PC 849(b). I need to look for the actual document...The two detectives drove me home in the back of their car. One was driving, and the other was sitting in the back with me while I was un-cuffed.
    What that document says is that you were only detained and NOT arrested due to insufficient probable cause.

    cdwjava- Well, I was recently arrested for being above a .08 and I've hired an attorney to fight it. I was sent my arrest records from the DMV who used CLETS database. On the report it says:

    ARR/DET/CITE:
    201004@@
    -WARRANT
    209 (B) PC-KIDNAPPING TO COMMIT ROBBERY
    WARRANT #0@$#58@5
    COM: ADR-201004@@ (then it has my home address)
    COM: SCN-64*@@%#001
    That was not from the DMV, it was from the prosecutor, the arresting agency, or another law enforcement agency. The DMV does not generally access state criminal offender records.

    Refer back to my comment regarding PC 851.8. You can petition to have the record purged due to factual innocence. It would be best to have an attorney's help with this, but it is something you can do yourself.

  10. #10
    Join Date
    Sep 2005
    Location
    California
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    Default Re: False Kidnapping to Commit Robbery Charges on My Arrest Records

    Quote Quoting Watson47
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    why cant he go for some local attorney? Do they have some laws and orders like that that prohibit them from going to the local attorney. I am confused about the matter.;
    I am confused about your question. Who stated he could NOT consult a local attorney?

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