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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: False Arrest or Kidnapping After Complaint of Police Misconduct

    I was arrested for misuse of 9-1-1 and would like to know if this was a kidnapping.

    No. What you go on to describe was not a kidnapping.

    Next question?

  2. #12
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: False Arrest or Kidnapping After Complaint of Police Misconduct

    Quote Quoting tjvisner
    View Post
    Wow... you are an idiot!
    You just told me that I am guilty of misuse of 9-1-1 after I told you charges were dropped.
    - - - Updated - - -
    I feel a bit off, defending Doggy, since she just accused me of idiocy on another site, however, she is correct about you misusing 911. You stated you called 911, to get the deputy back to the scene. His return to the scene was not an emergency and should have been handled by the Sheriff Dept's number, not 911.

  3. #13
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: False Arrest or Kidnapping After Complaint of Police Misconduct

    OP, please do not misunderstand. You are not here to ask for advice, you are here to rant. No one said "Hey, lets report this guy for ranting", because we all understand. That said, in the course your situation playing out, there are some things you did wrong, that have been brought to light. Don't beat us up for pointing them out. If you had pealed your tires or run a stop sign, going from the scene, you would have received comments as to the likely illegality of those actions also. No one here wants to upset you or put you through more than you already have been, by being hosed in your situation. That said, we are not here to be whipping posts, we are here to help people. That means not always telling them what they want to hear. Hopefully, everything in your situation works itself out to your satisfaction.

  4. #14
    Join Date
    Jul 2012
    Posts
    7

    Default Re: False Arrest or Kidnapping After Complaint of Police Misconduct

    I was never "charged" sweetpea, only arrested.
    "Charges" were dropped and you still call me "guilty".

    Do you even know what "Due Process" is?

    - - - Updated - - -

    Kidnapping...

    The crime of unlawfully seizing and carrying away a person by force or Fraud, or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.

    The law of kidnapping is difficult to define with precision because it varies from jurisdiction to jurisdiction. Most state and federal kidnapping statutes define the term kidnapping vaguely, and courts fill in the details.

    Generally, kidnapping occurs when a person, without lawful authority, physically asports (i.e., moves) another person without that other person's consent, with the intent to use the abduction in connection with some other nefarious objective. Under the Model Penal Code (a set of exemplary criminal rules fashioned by the American Law Institute), kidnapping occurs when any person is unlawfully and non-consensually asported and held for certain purposes. These purposes include gaining a ransom or reward; facilitating the commission of a felony or a flight after the commission of a felony; terrorizing or inflicting bodily injury on the victim or a third person; and interfering with a governmental or political function (Model Penal Code § 212.1).

    - - - Updated - - -

    if Trespass, Breaking and Entering and burglary are not crimes then I shouldn't be here.
    If calling the police for the above mentioned crimes was not warranted then I would not be here.
    If my having been arrested did not facilitate the commission and flight of a felony I would not be here.

    If landlords and police officers are exempt from charges of trespassing, breaking and entering, burglary and kidnapping that facilitated in the commission AND flight of the above mentioned felonies, then I would not be here.

    If officers come to my property in disguise with the intent to deprive basic civil rights were not a federal crime as described in Title 18 U.S.C. §§ 241, 242 - I would not be here.

  5. #15
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: False Arrest or Kidnapping After Complaint of Police Misconduct

    Let us know what happens, would you?

  6. #16
    Join Date
    Jul 2012
    Posts
    7

    Default Re: False Arrest or Kidnapping After Complaint of Police Misconduct

    sure

    It sickens me that this kinda thing can happen to people.
    Like with you folks, getting the point across takes time.

    Their isn't a one line description that can fit everything in...
    combined with the fact that...
    the allegations themselves are extraordinary and hard to believe.

    My Sheriff's Department should have asked the state police to take over after discovering the conflict of interest but they didn't and refused. Instead they worked to cover and conceal and told the state police that we had been evicted when we had not.

    Civilly - we filed suit
    Criminally - we are working with the US Attorney's Office.

  7. #17
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: False Arrest or Kidnapping After Complaint of Police Misconduct

    Quote Quoting tjvisner
    View Post
    We had been locked out while at work. When we discovered the lockout we called 9-1-1 and the woman and her buddy deputy responded....
    The under sheriff told me to get the same deputy back to the scene and prove to him that we had not been evicted so I called dispatch again using 9-1-1....
    I called 9-1-1 again and reported a burglary. Dispatch told me that the deputy had advised them not to respond to any calls from us....
    Shocked and horrified I called 9-1-1 again and this time I asked dispatch to either dispatch State Police or to give me their number and dispatch refused.
    So the problem here would be the absurd report of a burglary, when you knew exactly what had happened and the police had already been to the scene, and then the follow-up non-emergency 911 call after you were told the police weren't going to respond to any more of your 911 calls on the issue. Given that charges were dropped the issue of whether or not a court would have convicted you is moot, but no, that's not how you're supposed to use 911.

    (I see from your other pages that you in fact called 911 six times.)
    Quote Quoting tjvisner
    If this false arrest on make believe charges is the same as kidnapping, this elevates the potential punishment to DEATH as defined in the Federal Criminal Statutes.
    You say you're "working with" a U.S. attorney, so it has no doubt already been explained to you that this was not kidnapping and will not be charged as kidnapping.
    Quote Quoting tjvisner
    The woman and her deputy locked us out of our home, stole our personal property inside the home and then arrested me for calling 9-1-1.
    When you are improperly evicted, assuming no order of eviction had been issued, you go back to the court in which the eviction proceedings were pending and seek relief for an unlawful detainer. You not only know that, you know the statute under which you should have sought relief. You have chosen not to tell us whether you exercised that remedy, or what happened to your belongings - is there anything you would like to share?
    Quote Quoting tjvisner
    The deputy refused to give us a police report for his first and second visit but was forced to generate a report after his third visit to the property when he arrested me.
    You don't "get" a police report when the police are at the scene. You get the case number and you follow up with the investigating officer's department to get a report - when it's ready, some number of days later.
    Quote Quoting tjvisner
    Unable to find a lawyer we filed suit in Pro Per on the last day of the statutes of limitations and before we had discovered the woman to be an employee of the sheriffs department.
    You filed a lawsuit in what court, alleging what causes of action against what defendants? The status of that lawsuit is now what?

    Generally speaking, when you can't find a lawyer willing to take your case it's because (a) you have no case or (b) the amount of damages that can be proved are insufficient to justify the cost and time of litigation.
    Quote Quoting tjvisner
    In continuation of the conspiracy and the original disguise, our lawsuit was answered by a lawyer claiming to represent the County and all of the County employees and officers named in the suit but did not represent the woman and the woman answered in pro per.
    What you are in fact expressing is that you don't understand the relationship between the parties. If you read the responsive pleadings you will be able to figure out why the woman is not represented by the County's lawyer, and odds are it's because you have made some incorrect assumptions about her and her relationship to the Sheriff's Department.
    Quote Quoting tjvisner
    View Post
    I was never "charged" sweetpea, only arrested.
    "Charges" were dropped and you still call me "guilty".
    Charges can't be dropped unless you are charged. Do you mean that you were never charged?

    At this point, assuming no order of eviction was in fact issued, you have identified a wrongful eviction action against your landlord. You have not clarified that (a) no order of eviction was filed, (b) why you chose not to try to regain possession of the premises, or (c) what happened to your personal belongings after the possibly unlawful eviction. It would be helpful if you would try to stop arguing with people who are trying to explain things to you, and instead clarify what happened.

  8. #18

    Default Re: False Arrest or Kidnapping After Complaint of Police Misconduct

    Heck, in my county, he'd have been arrested for the 3rd or 4th 911 call made for what he'd have been told was a CIVIL matter. Never woulda seen 6 calls. Two things should have happened here; the OP should have retained a civil attorney to address the matter immediately before it escalated to irreversible actions (leaving compensation in civil court as his recourse after the fact), and, the way to deal with any issue where a law enforcement employee, sworn or civilian, has behaved in a questionable manner, is to speak with internal affairs or make a formal complaint. And not via 911.

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