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  1. #1
    Join Date
    Apr 2020
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    1

    Default Amendments 4 and 14

    My question involves civil rights in the State of: Texas
    In July, 2019, a neighbor who is angry with me over a court case that we were facing filed a criminal charge against me with our county sheriff claiming that I had made a
    TERRORISTIC THREAT against him. It was investigated by the sheriff and reviewed by the district attorney and is now a closed case. I have requested a copy of the complaint as it was made as I feel that it was a FALSIFIED COMPLAINT TO AN LEO which would make it a violation of Texas Penal Code 37.08. Even closed this complaint has a 2 year statute of limitations in Texas and I feel that I deserve the right to defend myself to avoid any possibility of prosecution. My official written request for the copy was labeled by our county civil attorney as a Public Information Request that would interfere with the sheriff's investigation, techniques, and strategy. The attorney submitted my request to our state attorney general asking that he rule against me on that basis, no matter that the sheriff would no longer be "investigating" that complaint.

    Now, I have a long term friend who was a Federal prosecutor. His immediate advice to me was to ask for a copy of the complaint. When that was refused he advised me to contract with a criminal attorney, and he suggested that I consider filing a request with a Federal judge to declare the county and state refusals a violation of Amendments 4 and 14. One communication that I have had with a judge's clerk is that several Federal judges may definitely find in my favor. Unfortunately, such a court hearing will be expensive even if I do get a court order forcing the state and county to provide me that copy. If I do go into Federal court and get what I want, can I file a lawsuit against my county, the civil attorney, the state, and the attorney general for violating the U.S. Constitution? Please understand that I have absolutely NO desire to get into such a lawsuit even if I could get a lot of money.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,847

    Default Re: Amendments 4 and 14

    Suspected crimes are reported to the police every day. It is sort of what they are there for in the first place. Just because the police and the prosecutor decide not to prosecute the case doesn't mean that a falsified complaint was made. It means there wasn't enough evidence to try you for the case or they simply didn't feel it was important enough to prosecute you for.

    Let's say you got a copy of the complaint. You don't get to choose to prosecute the neighbor. The person that would choose to prosecute is the same prosecutor's office that already chose not to file such a charge.

  3. #3
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    380

    Default Re: Amendments 4 and 14

    Quote Quoting butchrx
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    Now, I have a long term friend who was a Federal prosecutor. His immediate advice to me was to ask for a copy of the complaint. When that was refused he advised me to contract with a criminal attorney, and he suggested that I consider filing a request with a Federal judge to declare the county and state refusals a violation of Amendments 4 and 14. One communication that I have had with a judge's clerk is that several Federal judges may definitely find in my favor.
    A former Federal Prosecutor gave you that advice? Odd, at least to me. It would be a State/Municipal matter. It would not be a "Complaint", it would be a "Police report". You are indicating they are not public record? Since the alleged charge was dropped the investigation is no doubt over. No arrest, no formal Summons, etc. If a police report is public record, make an official request under the TX Open records law, or however it is termed. It has nothing to do with the 4th AM, 14th, I'll buy that as a supporting basis.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,230

    Default Re: Amendments 4 and 14

    Quote Quoting butchrx
    View Post
    In July, 2019, a neighbor who is angry with me over a court case that we were facing filed a criminal charge against me with our county sheriff claiming that I had made a
    TERRORISTIC THREAT against him. It was investigated by the sheriff and reviewed by the district attorney and is now a closed case.
    Just to clarify, private citizens don't "file criminal charges." I assume you mean that he contacted the sheriff and reported an alleged crime, that the sheriff investigated, and that you were not arrested and no charges were filed.


    Quote Quoting butchrx
    View Post
    I feel that I deserve the right to defend myself to avoid any possibility of prosecution.
    Defend yourself against what? If my assumptions are correct, there's nothing against which to defend yourself.


    Quote Quoting butchrx
    View Post
    he suggested that I consider filing a request with a Federal judge to declare the county and state refusals a violation of Amendments 4 and 14.
    Are you talking about the 4th and 14th Amendments to the U.S. Constitution? If so, that's absurd.

    The Fourth Amendment states as follows: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." In other words, searches and seizures must be reasonable, and warrants may only issue upon a showing of probable cause. What does your friend think any of that has to do with the sheriff's refusal to give you a copy of the criminal complaint?

    The Fourteenth Amendment has several components, and I don't care to quote all of them. However, if you click the link, you can read for yourself that it also has nothing to do with your situation.

    More importantly, given that the matter is closed, what do you think you'll have to gain by getting a copy of the complaint?


    Quote Quoting butchrx
    View Post
    One communication that I have had with a judge's clerk is that several Federal judges may definitely find in my favor.
    Huh? Judge's clerks have no competency to opine about things like this.


    Quote Quoting butchrx
    View Post
    If I do go into Federal court and get what I want, can I file a lawsuit against my county, the civil attorney, the state, and the attorney general for violating the U.S. Constitution?
    You can file all the lawsuits you like, but if you filed such a lawsuit, you and/or any lawyer who might be dumb enough to take the case would run a significant risk of being sanctioned for pursuing frivolous legal action.


    Quote Quoting butchrx
    View Post
    I have absolutely NO desire to get into such a lawsuit even if I could get a lot of money.
    You have suffered no damages, so, even if what you're talking about weren't frivolous, you would be awarded precisely $0.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,783

    Default Re: Amendments 4 and 14

    Quote Quoting butchrx
    View Post
    Please understand that I have absolutely NO desire to get into such a lawsuit even if I could get a lot of money.
    So, you want to escalate the neighbor pissing contest by trying to get your neighbor criminally prosecuted after he unsuccessfully tried to get you criminally prosecuted and you don't want to spend any money on a lawyer (that you will need because you are clueless).

    Is that about it?

    SMH

    Give up before the shooting starts and one of you ends up in prison and the other dead.

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