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  1. #1
    Join Date
    Nov 2007
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    Default Filing A False Police Report

    My ex-boyfriend filed a false police report in early 2006, and filed it at a precinct where he knew the police officers; not one near his residence. Although there was insufficent evidence to support agg harr charges, the police arrested me, in front of my teenage children. I advised the detectives that my ex was a liar, and that he was involved in criminal activities as well. I asked them if they were aware of Vives vs. NYC, and if they would review the charges before processing me. They declined, chuckled, and arrested me. I vowed to sue them, when I was cleared. Over the next three months, by ex-boyfriend called me numerous times, apologizing for "things going further than they should have", and begging for me to reconcile with him. Unbeknownst to him, I recorded every conversation, including the one where he admits that I never made "the" threatening call; which I was arrested for. He also admitted that the police knew that I hadn't made "the" call, but they arrested me anyway. The charges were dropped, after I produced the tapes for the DA, and I continued to tape him incriminating himself for the next 9 months; until I filed suit against him, the police; and the county. I have an aggressive attorney, hours of incriminating tapes, and I still feel as if I'm under so much pressure to prove my innocence. What are my chances of actually obtaining a judgement?

  2. #2
    Join Date
    Feb 2007
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    2,031

    Default Re: Filing A False Police Report

    50/50...more or less.

  3. #3
    Join Date
    Sep 2005
    Location
    California
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    20,395

    Default Re: Filing A False Police Report

    The burden of proof to support an arrest is pretty low - probable cause to believe that a crime has been committed and that the person arrested committed the crime. Since they had a complainant, then they likely had probable cause. Unless NY is peculiar among the states, the police are not obligated to fish for exculpatory evidence at the time of your arrest, and they are likewise not required to believe your claim of innocence since most everyone does claim such innocence.

    If you have a recording that your accuser admits falsifying a report to the police, you may be golden (provided these one party recordings were lawful and can thus be produced in court as evidence). I suspect your claim against the police is a loser, but the claim against your accuser might be a winner ... depending on the details of the whole case.

    - Carl
    **********
    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

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,395

    Default Re: Filing A False Police Report

    And what does Vives v. New York have to do with this? That was for the mailing of non-threatening political and religious material and told the police not to arrest for the overly-broad statute again.

    Did you send your accuser religious or political materials?

    What were you arrested for?

    - Carl
    **********
    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

  5. #5
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Filing A False Police Report

    Carl,
    The police did it as a favor to my ex, as he fixes their cars for the past 25 years. I have have cell phone records indicating that I never made the call, and he never received the call; as he filed in the report. I also have a tape where my ex states that "the police heard numerous random male/female recordings that night, but none of them were actually your voice". The report stated that I, jade, called the party at 8:38 and made a threatening statement about his son. Now, they're saying that it was "recordings" and that they never actually heard "the" call that caused my arrest. He begged me on another tape not to have him arrested for filing a false police report.
    Additionally, the police didn't have the criteria to meet agg harr in NYS,to actually have made the arrest, although they did it anyway. Not to mention, he called the DA, and my attorney to "drop the charges", one month after it happened. Even the DA said that he was a danger, after he verbally abused the ADA for not dropping the case fast enough. The DA actually advised me to seek an OP, as they felt I was in danger, Trust me, I never did anything illegal, nor would I jeopardize my freedom. I do PI work, and have police friends...this was a case of...let's help our friend out? I have too many incriminating tapes to prove that the incident never happened.
    Jade

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,395

    Default Re: Filing A False Police Report

    Quote Quoting jaded
    View Post
    The police did it as a favor to my ex, as he fixes their cars for the past 25 years.
    So, you have proof that there was NO probable cause to believe that you had committed a crime?

    I doubt that.

    Even if they exercised discretion in his favor, it does not automatically mean that there was no probable cause.

    I have have cell phone records indicating that I never made the call, and he never received the call; as he filed in the report. I also have a tape where my ex states that "the police heard numerous random male/female recordings that night, but none of them were actually your voice".
    And if your Ex told the police it WAS your voice, that would mean they had reason to believe you made the call.

    They do not have to complete the entire investigation before making an arrest on probable cause.

    Additionally, the police didn't have the criteria to meet agg harr in NYS,to actually have made the arrest, although they did it anyway.
    Has a court made that determination?

    The fact that a DA did not file is not proof that the elements were not met. Th DA may have felt that the case was too weak to try, or the resulting investigation exonerated you.

    I do PI work, and have police friends...this was a case of...let's help our friend out? I have too many incriminating tapes to prove that the incident never happened.
    That sounds like a good civil case against the Ex, but it still doesn't prove the cops acted in any way that might expose them to civil liability. As I do no know the details, obviously I do not know for sure, but you would likely have to show that not only did no probable cause exist to make the arrest, but that they KNEW no such cause existed.

    Here is one of the AH offenses:

    S 240.30 Aggravated harassment in the second degree.
    A person is guilty of aggravated harassment in the second degree when,
    with intent to harass, annoy, threaten or alarm another person, he or
    she:
    1. Either (a) communicates with a person, anonymously or otherwise, by
    telephone, or by telegraph, mail or any other form of written
    communication, in a manner likely to cause annoyance or alarm; or
    (b) causes a communication to be initiated by mechanical or electronic
    means or otherwise with a person, anonymously or otherwise, by
    telephone, or by telegraph, mail or any other form of written
    communication, in a manner likely to cause annoyance or alarm; or
    2. Makes a telephone call, whether or not a conversation ensues, with
    no purpose of legitimate communication; or
    3. Strikes, shoves, kicks, or otherwise subjects another person to
    physical contact, or attempts or threatens to do the same because of a
    belief or perception regarding such person`s race, color, national
    origin, ancestry, gender, religion, religious practice, age, disability
    or sexual orientation, regardless of whether the belief or perception is
    correct; or
    4. Commits the crime of harassment in the first degree and has
    previously been convicted of the crime of harassment in the first degree
    as defined by section 240.25 of this article within the preceding ten
    years.
    Aggravated harassment in the second degree is a class A misdemeanor.

    It does not look like it is too difficult to violate this section.

    If he alleged you called making threats, that would seem to be sufficient to meet the elements of the crime. Whether that justifies an arrest under NY law, I cannot say. But, the elements are not difficult to make.

    - Carl
    **********
    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

  7. #7
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Filing A False Police Report

    Carl,
    Thank you for your input. As I said, he did file a police report stating that I called him, and made a threatening comment, (which I never did). I follow you now though, that the police had to do their job, based on his claim.

    The bottom line is, is that there are some people that believe that the police are at their disposal, to be used as a bullying tool. Unfortunately, I was the scapegoat in this escapade. He previously had his own uncle arrested for agg harr twice, claiming that the man was at his house with an machine gun. (Which of course never happened either).

    I am determined although, to make sure that he never does this to anyone else. There has to be an element of justice for those who freely admit that they filed a false claim. Best wishes for the holidays, and thanks again for your advice.
    Jade

  8. #8
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Filing A False Police Report

    A successful civil suit ought to help quiet him. IF it can be proven that he made false complaint intentionally.

    - Carl
    **********
    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

  9. #9
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Filing A False Police Report

    I agree, being on the receiving end of a civil suit will give him an opportunity to reflect upon participating in unlawful activities. (BTW, the reason that he filed the report, was due to the fact that I ended a 10 year relationship, two days prior to the arrest). That in itself doesn't prove anything, but the voicemail messages that he left me thereafter; are very incriminating.

    He has screwed a lot of people in this life, and there are many people who haven't forgotten that. So, when it comes to subpeoning witnesses, there will be a parade of them.
    In the end..hopefully, justice will be served.
    Many Thanks to Everyone Who's Responded!
    Jade

  10. #10
    Join Date
    Jan 2006
    Location
    Melrose, MA
    Posts
    3

    Exclamation Re: Filing A False Police Report

    I've been through a similar situation. I've lived in Melrose, MA since 1966 when I returned from the military. The building I live in was eventually converted to condominiums in 1976. I've lived at this location forty years. I have the penthouse,which is in the center of the roof on a seven story building. Roofers began installaing a new roof in February 2004 and abandoned the job prior to completion. Meanwhile we had a change in management companies (our 13th and worst yet). The roofers detroyed my unit. I engaged an attorney in Nov.2004 and expected him to immediately file cour documents to recover damages to my property. He did absolutely nothing other than take my $10,000. I dismissed him approximately two months ago. During the time he was representing me , I have been constantly harrased by the property management company and its on sight employees. They claimed assault and battery and threath charges against me and filed a complaint with trhe Melrose police. A hearing was held at the Malden District Court and determined "there was no probable cause" and dismissed the case. The Condo's lawyer took the police report, generated his own criminal complaint and filed it with the superior court requesting an immediate injunction against. My attorney qwas not in court, and the judge would not permit me to speak due to the fact I had an attorney (present or not). He approved the injunction. Now the management company has been building on that injunction by filing false statements relating to telephonem calls. The Condo attorneys specialize in this field and know every trick in the book. I plan to file an appeal motion to rescind the injunction. Currently I'm filing emergency motion to prevent a second attempt to remove my twenty four feet of patio doors in the living room. I've had no heat, ac and have been limited to basically living in one of the bedrooms.

    My suggestion to you, is to personally appeal your case. If you have a law library in your area, you can obtain official forms and can revue cases similar to yours.

    At this time I'm representing myself, until I can find an attorney who is well versed in condominium law. There are so many facets to my case, however, the attorney I hired in November 2004 complicated matters by not filing any documents with the court.

    Good Luck
    Rich

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