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  1. #41
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,389

    Default Re: False Arrested for Standing in a Median

    It is not anyone here you have to convince - it is the police and the court where you live that you have to convince. I doubt you will convince anyone there that there is some sort of conspiracy to violate your rights or the rights of anyone else, but, you are free to try. Clearly nothing that anyone here has to say to you is making an impact, so why not just do what you're going to do anyway?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  2. #42

    Default Re: False Arrested for Standing in a Median

    Quote Quoting cdwjava
    View Post
    It is not anyone here you have to convince - it is the police and the court where you live that you have to convince. I doubt you will convince anyone there that there is some sort of conspiracy to violate your rights or the rights of anyone else, but, you are free to try. Clearly nothing that anyone here has to say to you is making an impact, so why not just do what you're going to do anyway?
    You are absolutely correct. I have to end up in court in order to know for sure what I am talking about. I just figured some conversation on the topic could possibly yield some insight, which it has (to me at least).

    Regarding conspiracies, I do believe that the current legal atmosphere we live in is not doing too well because of a very specific problem I see of how everybody, cops included, all exclusively seem to want ALL arguments to end up in court, which is not where some of them belong. As in, I am now otherwise forced to go to 42 USC court over what may end up being some VERY simple arguments, that the internal affairs departments of these police could have very well reprimanded their officers themselves over. But by systematically pushing everything off to a courtroom, and possibly never seeing the issues through themselves, or even trying them on, and perhaps not enough people on the opposite side knowing their rights, or enough of them, or be willing to fight for them, I do believe with a great amount of certainty that our "feedback loop" to police ourselves has officially broken.

    For example, I have spoken with numerous internal affairs departments, only to have them "ratify" that what their lower officers was doing was okay, instead of just admitting the obvious. I attribute this type of behavior to some sort of department, city, even public wide "image problem" -- a type of denialism. For one case of mine, I have basically an entire city, it's police department, it's internal affairs department, it's OIM department (superior to internal affairs) and it's county district attorney department, all going along with the absolutely ludicrous idea that security guards enjoy reasonable suspicion type powers to detain, all because they don't want to admit that I caught DU security guards one night claiming to me that they were cops (I kid you not, I have the audio to prove it) and ran my name (without real cops present -- how can they do that? I still don't know) during a reasonable suspicion stop and detainment (they used those words, not me). They committed textbook impersonation and false imprisonment, and yet nobody wants to believe me that such things happened, because that's one of those yucky thoughts, ewww, like I was talking about earlier.

    So yes, I believe, based on substantial evidence that I have collected and analyzed, that a larger, racket-like, gang-like, mafia-like mentality has crept into our system, whereby nobody wants to hold their cops to ANY fire whatsoever, and would rather believe that "they aren't dirty" and that whatever tickets they write "aren't bad." And well, I believe the direct result of that is now a jail system that is 10-20 times more populated per capita than compared to every other country on the planet. I believe that a supremely racist, "guilty until proven innocent," lynch-mob, witch-hunter, statistically-frauded, rich-against-the-poor, second-class-citizen, nazi-germany-style behavior has now arrived in our country (or maybe was always here) and now needs to be identified and eradicated, or the alternative will just happen, i.e. we'll simply destroy ourselves otherwise. If there wasn't such a pattern of behavior that my brother and I have caught, we wouldn't be so worried. We have been "exercising" our "rights" for the last three years since becoming homeless (through no fault of our own) and you wanna know how many times we have been profiled and arrested, potentially and likely to be totally illegally? FIFTY FIVE TIMES. Is that even possible? I don't know. But that number DOES NOT LOOK GOOD. We should have been found guilty by now, or thrown in jail by now, or gotten out of this wrinkle by now. Yet that number keeps rising, along with the statutory violations we believe we have been catching these police committing that nobody is willing to recognize outside of a bloody 42 USC courtroom...

  3. #43
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: False Arrested for Standing in a Median

    Are you still here?

    Ya got two choices as I see it;

    contact the ACLU and see if they are willing to take this on. If they refuse you’re on your own. At that point either file the case yourself or accept the current atmosphere as how things will be for the visible future. Flapping your gums will do you no good and is a waste of your time, as well as those you bother.


    As my mom used to say;
    shit or get off the pot. There are people waiting.

  4. #44
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,418

    Default Re: False Arrested for Standing in a Median

    Why is this still going one?

    This is nothing but incoherent ranting and interminable posts quoting chinks of statues and definitions coupled with a flawed understanding of what 'public property' means.
    "Where do those stairs go?"
    "They go up!"

  5. #45

    Default Re: False Arrested for Standing in a Median

    See if your state has a Cite In Lieu of Continued Custody statute and check CO's constitution for the rights it conveys.

    It appears the praetorians are quite desensitized to absurdly senseless misdemeanor arrests.

  6. #46
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: False Arrested for Standing in a Median

    The OP definitely has more issues than National Geographic. And way way way too much free time. The OP redefines 'troll-ism' with an epic amount of drivel. Lawdy lawd!

    Posting hx shows that something terrible happened to the OP's active braincells between 2009 and 2107. They were obviously "challenged" to begin with.....then took the barrel over the falls.

  7. #47

    Default Re: False Arrested for Standing in a Median

    An eloquently worded lawsuit drawn up by my attorney:


    https://www.youtube.com/watch?v=WScacetAbTU

  8. #48
    Join Date
    Jul 2010
    Posts
    7,656

    Default Re: False Arrested for Standing in a Median

    If the facts are as laid out in your lawsuit, it appears the officers acted improperly. But without having their side of things, I cannot say for certain.

    I do believe, as mentioned earlier in this thread, that you were baiting the officers. You had to know, given your apparent history in the area, that they were going to bust your chops if they caught you in the fenced off area. While it may have been improperly fenced in public land, you knew that the police would investigate since people climbing into fenced areas is suspicious. You thought having your magical email chain would save you and it didn't. You now have a soapbox from which to attack them and I'm betting "hate crimes" against the homeless is probably going to make an appearance if there is a trial. I say if because the city is likely to settle this as a nuisance suit and be done with you.

  9. #49
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: False Arrested for Standing in a Median

    I will be interested to review the inevitable motion for summary disposition, and how the court responds to it.

    I didn't follow this thread, as TaxingMatters explained the law and the rest seemed like needless bickering. TaxingMatters deserves credit for his patience.

    I reviewed much of this thread, and found some curious inconsistencies between the claims made in the thread and the facts raised in the complaint. I can see why the lawyer wants to reinvent this as a First Amendment protest issue, but as presented here I recall no claimed element of protest.

    I am skeptical of the claims that the officers knew or should have known that the fenced off area was "open" to the public, that they had any duty to investigate the defendant's claims at the time he was refusing to cooperate with them, or that they had a duty to review or believe an alleged print-out of an email when they are dealing with an ongoing problem. I am skeptical that a court will accept that the prosecutor's decision to press forward with the prosecution was predicated upon being misled by the officers, or that the prosecutor changed his mind after two years by supposedly listening to old messages left by the defendant which were probably at least as long, angry and rambling as the posts made in this thread.

    Keep us posted, but perhaps in a more civil manner.

  10. #50

    Default Re: False Arrested for Standing in a Median

    Available via RECAP now if you're interested, and you're welcome

    https://ecf.cod.uscourts.gov/cgi-bin...cQry.pl?177381

    Motion to dismiss is... interesting but not entirely surprising... https://www.scribd.com/document/3756...2-4bf3eae4a989

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