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  1. #1
    Join Date
    Aug 2011
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    5

    Exclamation Arrested for No Reason

    My question involves civil rights in the State of: SC




    my question is based in police harassment... was arrested last year did my time and probation and ever since i was younger there is one particular policeman in our small county that harasses me... a few nights ago he pulls me over for no reason runs my name and i hear the dispatch say all clear, then he arrests me when i had no warrant. he tried to explain to me i did have a warrant. after sitting in jail over 24 hrs they serve me with the same warrant i have already been to court for and soon after release me. I had no warrant he only took me to jail because he wanted too, and tried to bribe me and tell me he would let me go if i gave him information on a certain person. i know there is laws about unlawful detainment, but not sure if they stick.! i want to know if and what can be done in a situation like this??

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Arrested for No Reason

    If there was a valid warrant then the arrest was lawful regardless of whether you believe it should have been cleared or not.

    If no warrant existed and he was never told that a warrant existed then you might very well have a cause of action against him. You can always speak with an attorney who can look into the matter for you.

  3. #3
    Join Date
    Aug 2011
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    5

    Default Re: Arrested for No Reason

    thanks, there was no actual warrant and the cop knew that. after i sat in jail a day and a half he sent over a warrant that i had been too court for two years prior and already finished my probation for. the cops in my area do things like this and get away with it.

    do u think it would actually stick if i went through the trouble of getting a lawyer.. there was no actual warrant or no reason too detain me ?

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Arrested for No Reason

    Quote Quoting addie1
    View Post
    thanks, there was no actual warrant and the cop knew that. after i sat in jail a day and a half he sent over a warrant that i had been too court for two years prior and already finished my probation for. the cops in my area do things like this and get away with it.

    do u think it would actually stick if i went through the trouble of getting a lawyer.. there was no actual warrant or no reason too detain me ?
    Without any lawful reason to hold you, it would seem you would have clear sailing towards either a state or federal lawsuit. If this is true, then an attorney experienced with dealing with police abuse issues should be able to handle this matter.

    You might want to consider consulting some attorneys with experience - perhaps outside of your immediate jurisdiction. And, perhaps, speak with the ACLU.

  5. #5
    Join Date
    Aug 2011
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    5

    Default Re: Arrested for No Reason

    ok thanks, would you mind telling me how the aclu could help and what should i ask of them?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Arrested for No Reason

    Quote Quoting addie1
    View Post
    ok thanks, would you mind telling me how the aclu could help and what should i ask of them?
    The ACLU acts on those things that are of significant note (i.e. can make headlines) and involve police actions that infringe on their view of civil rights. This is one that - if completely true - might very well pique their interest. However, if this is a small, backwoods PD then they might not find it of GREAT interest. But, it might be worthwhile to give them a holler.

    Also check with other litigators. Perhaps call the county or state bar association and see if they can give you some direction as to attorneys you might consult.

  7. #7

    Default Re: Arrested for No Reason

    What seems odd to me is that if you were taken to jail for a warrant, then the first step the jail should have taken was to have placed a "locate" on the warrant. That's the step that causes the warrant record to no longer pop up showing the warrant as active. The jail must have booked you under SOME charge, so it would behoove you to find out whether the jail was holding you under authority of a warrant you think didn't exist, or if the officer had his own charges against you. If the jail found the warrant as part of the booking process, then the arrest would appear to be appropriate. In other words, the officer simply couldn't tell the jail to just hold you because he felt like it. He either needed to have a charge of his own, or the jail should have routinely found the warrant (or lack thereof) before you were even finished with the paperwork process. Something just isn't right here. (Because although conspiracy theories may abound, most jail employees need their jobs, and simply wouldn't put THEMSELVES at such risk and lock you up without a valid cause just to placate an officer who wanted to mess with you.)

  8. #8
    Join Date
    Aug 2011
    Posts
    5

    Default Re: Arrested for No Reason

    i was never booked the 24 hrs. i was there, and there was nothing in the system that i had an open warrant. the officer told my girlfriend to call the jail at 9:00 am because he didnt even know what the warrant was ( that was because he was making it up). she call every two hours and they told her they had received no warrants. she even called the warrant division and the court and they told her they had nothing active in their systems for me. this officer that pulled me over has been out too get me for years

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