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  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Default Can You Sue Over False Information in a Search Warrant and Arrest Warrant

    My question involves police conduct in the State of: Pennsylvania

    My question involves whether or not a person can file suit for lies, and deceptions and outright fabrications in a search warrant affidavit and arrest warrant...
    These fabrications can be proven by myself using text messages, timelines and emails. Indisputable.

    The tricky part is that I was overcharged using the falsities i can disprove - hung out to dry for a year and a half - and finally relented to a plea deal of the lowest misdemeanor Pennsylvania has (M3)... (from over ONE HUNDRED BS, false charges they KNEW were false)! They were simply made to further confuse the issuing authority of the search warrant and to discredit me to the public. Construct a false monster.

    Can the officer who lied, and fabricated be sued NOT for the .2% I pled guilty to - but for the 99.8% of the false overcharges that I can absolutely prove was false in their inception? He also used a provably false document in a preliminary hearing (stating it was a sms message from me ) - though I can prove it was not!! That one message was the stated sole reason of the magistrate that he sent those false charges to court from the preliminary hearing.

    Again - I have definitive proof of the lies and fabrications contradicting the evidence he submitted in the investigation and to boonswagle a non lawyer magistrate into signing a BS search warrant.

    I am NOT interested in going after anyone for what I pled to - ( the m3) - JUST the fabricated evidence and lies used for the other 100 false charges that can easily be disproven. Those charges impacted me (published - loss of face - slanderous - libelous - etc. etc.) Not to mention that any officer willing to lie without honor as such should NOT be carrying a gun and badge in public and should NOT have ANY authority whatsoever over the public.

    That they offered a piddly plea deal of such low grade Ms's matters not to me- that they knew they overcharged with the false easily disproven charges then dropped
    them matters not... What matters to me is the fact that by knowingly charging me falsely in the first place -thereby libeling me with over a hundred false charges matters to me.
    What are my options? PCRA - Lawsuit? Any information will be greatly appreciated.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: File Suit for Fabrication of Evidence, Lies and Fraud in Search Warrant and Arres

    You need to calm down and speak to an attorney. Your rant won't get you anywhere in court and we can't divine what it is you're talking about.
    You need to put in the facts and leave out the hysterics.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Sue Over False Information in a Search Warrant and Arrest Warrant

    Allegations contained in a search warrant are often from third parties (e.g., confidential informants) and although the officer may attest that he's familiar with such a person and that they're usually reliable, that's not a guarantee that they'll be truthful and reliable in every single case. If there was false information in the warrant, such that the warrant should not have been issued, surely your lawyer raised that in a pretrial motion to suppress.

    I'm not sure what false information you believe would have been in an affidavit in support of an arrest warrant. You haven't shared any relevant facts.

    The officer testified that you sent a particular SMS message and, as you could prove that you did not, your lawyer then cross-examined the officer and proved that you did not? What's the relevance, and what's the issue?

    Although you can be cited with certain offenses by the police, for serious charges the charging decision is made by a prosecutor, not the police.

    When you choose to enter a guilty plea to a crime, you make it difficult to try to prove that the police lacked any basis to believe you committed a crime or that there was cause to arrest you for a crime.

    As you have chosen not to share with us any of the information that would allow us to analyze your situation, I suggest that you consult a local civil rights lawyer with the details of your case.

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