Thank you for clarification.
The RAC Vice President, Legal Affairs, sent FedEx letter to me (the same day the Judge exonerated bond) denying any wrong doing on their part (Ironic timing as hell to me, but. . .). I am acutely aware of the teams of lawyers a corporation with annual gross revenues of $5.2 Billion would have at their disposal.
Interesting to note that this case was being settled at the exact time of my incident after neighboring Sheriff's Department and the same RAC lost on appeal.
Granted circumstances not identical, but shows absolute negligence by RAC in particular.
I will follow up on CPRA request with Sheriff's Department.
Since a copy of the rental agreement + additional info would have been provided to reporting PD, I agree I was likely listed as the suspect in the Palm Springs PD report.
Given that I was staying at a hotel 120 miles away until that fateful night, 3rd party info to Sheriff's seems the only logical conclusion to me at this time.
No arrest warrant ever issued for me. Good point on 'slipping through the cracks', although I would think CA rental car + PA licensed driver involved in alleged injury accident would = running me &/or the car.
I wasn't aware that the DA could/would be involved that early in process, but if rental car cases treated differently... maybe that's the reason no warrant was ever issued..? Is "The Agency" you mention the PD to which the report was made?
What type of "more info" is typically sought? They had rental agreement (R/A), claim to have sent certified letters to my home address in PA listed on R/A and claimed they attempted phone contact with no success. (However, I have detailed phone records showing calls to/ from RAC during this time period).
I found THIS stolen rental car reporting requirement info from San Diego PD. Is the info contained therein similar to your department's requirements?
Good point on grace period; however, PD claims to have but one initial report; no follow-up. They would not tell me the date info entered into system, nor will they provide me with a copy of the report citing "ongoing investigation"; says it is Sheriff's Dept/ DA responsibility to close matters.
It did sound too good to be true; too easy. I'll let the attorney decide this one.
I completely understand the need for you to take all necessary precautions for your safety.
What floored me is that I just walked out of my step-sister's home with my step-brother-in-law (Dennis) shoulder-to-shoulder. I would have expected both of us to be forced to the ground... not just me. As I mentioned in prior post, while I was being cuffed, a senor-type officer (white shirt, gold badge as I recall), walked up and said "Dennis, lets go inside...". Just the two of them walked up the stairs and entered the home.
I was way beyond surprised given the sheer number of police and Special Enforcement Team officers present, not to mention seeing cars "light up" and speed in for the kill.
Agree - in the end they found the car/ me. The info should (better) be in the police reports.
That is my theory. I had just returned to Palm Springs area. Originally in late April, I came to Southern CA to testify in my late step-dad's probate case, which did not please Vickie and Dennis (I subsequently learned).
The cops may have known my name, but I have never been affiliated with the address where arrest took place. My late step-dad bought the house < 2 years prior to his death. He owned 4 or 5 homes in the same development.
Another very odd thing - I was booked under my late-step-dad's local CA address (a few blocks from arrest scene), even though the Sheriffs had my wallet, including my PA drivers license. My step-dad died 17 months prior to the arrest and I had never lived at his home or used the address at any time, nor any other California address. No member of my immediate family, including my mother (resident of NJ) ever used the local CA address, either.
I have only been a resident of the State of NJ and the Commonwealth of PA during my lifetime.... never California.
I would not expect an office to call the CEO, CFO, COO, VP, etc... for confirmation. But I would expect a law enforcement officer to keep his word. I was told no less than 1 dozen times that a call to the rental car company would be made.
There are dozens of precedents for confirmation as well found in US Supreme Court cases along with CA appellate cases dating back to the 1960s, containing testimony by an officer who either requested dispatch to make the call or more recently with cell phones, did so himself. I myself received many such calls from police when I was employed by the former #1 car rental company.
Rental cars owned by an international corporation such as in my case are assigned (owned) by "owning cities" and communication between corporate offices and corp HQ leaves much to be desired, especially when one owning city rents a car owned by another owning city. I now know that although I rented the car in Palm Springs (PSP), the actual owning city = San Francisco.
I am aware that cops know people. I only replied that this was the home of my step-sister of 25 years.
When I spoke to the deputy a few weeks ago, he admitted to me that he kept an eye on Vickie and Dennis, given his history with them. Problem is I am unable to locate any arrest information on either one at the home in question, except one FTA, which I researched later and was astonished to find -
A prior DUI + those charges resulted in a total of 5 days in jail and Dennis was to complete 272 hours community service, pay a $4,200 fine, but never did.
1 PC 459 F Burglary 01/19/2007
2 PC 476 F Ficticious Bill/Note 01/19/2007
3 PC 459 F Burglary 01/19/2007
4 PC 476 F Ficticious Bill/Note 01/19/2007
5 PC 459 F Burglary 01/19/2007
6 PC 476 F Ficticious Bill/Note 01/19/2007
He violated the terms of agreement numerous times and was finally ordered to begin community service on 23 June 2009 (17 days before my arrest - and the approximate date calls to be began to have me stop by their home) - which he did not.
I nor my family knew anything about Dennis' January 2007 arrest until months after my arrest.
Dennis disappeared the day after my arrest and was incommunicado for 91 days.
Just recently, I learned that I was not the only person arrested at Dennis & Vickie's home, including one the night before my arrest. Yet Dennis and Vickie have never been charged.
That is why I asked definition of "possession" - the keys were in the car; car parked on public street. I don't know if I was in legal possession of the car at the time that I walked out the front door.
Based on obtained recorded information, Dennis and Vickie told authorities that I was an East Coast "family member" running drugs and guns. When I arrived that fateful night on their invitation, Vickie's step-sister showed within minutes and the two of them left the home. Dennis said in a shaky voice "John... you know I really did enjoy our conversations....". I asked for his current cell number. I then went to the front door, but he did not move. I asked "aren't you coming?" He replied "out there?" I said my phone was in the car. Reluctantly, he walked out with me. Then all hell broke lose.
It makes sense to me now why the officers were in full force, swarmed the car immediately asking "where are the needles, where is the sh**, etc..." very loudly and threatening, not mentioning anything about a stolen car, just shouting "if I get stuck, you're in serious sh**".
An incredible, probably unbelievable story, I know. My own criminal attorney didn't believe me until I provided him with the items in this thread + much more.
I don't understand to this day how I could be arrested for -
10851(A) F VC TK VEH W/O OWNER'S CNSNT
496(D) F PC REC KNOWN STOLEN PROP
... yet no charges ever filed. Either the car was stolen or it was not; I was in possession of stolen property or I was not. This would seem like a no-brainer. What more is there to investigate? All the RAC had to do was send a rep to court to give testimony, assuming the facts are as they say. But they did not. I find the statement by one of the arresting officers telling me that "charges will never be filed in this case..." to be ludicrous and completely without merit.
I want the PD and Sheriff police reports and will hopefully get them.
I cannot thank you enough for your time and effort in answering my questions. I greatly appreciate it.
Kind Regards. . .