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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default False Arrest and Imprisonment

    My question involves criminal law for the state of: Arizona, Pinal County

    False Imprisonment/Arrest

    On or about November 27, 2008, 2 pm, alone in my private residence, without notice sheriff deputes abruptly entered through my front door tackling me to the floor, then handcuffing me. My former girlfriend called them, supposedly concerned about my recent bouts with depression and that I had been drinking. Without choice I was ordered into an ambulance and was taken to a hospital 50 plus miles away. I calmly requested that I not be taken and I would leave, there response was go, or go to jail, lacking the ability to pay ambulance and hospital bills, I went anyway. I was released six hours later.

    On or about December 1, 2008, 5:30 pm, alone in my private residence, I was unloading a shotgun and accidentally discharged the gun, there was no danger to anybody. Soon afterwards, without notice two sheriff deputes abruptly came flying through the front door, one grabbing me around the ankles and the other hitting chest high, knocking me over a coffee table onto the floor, again... handcuffing me. My former girlfriend called them, supposedly concerned I had shot myself. This time I went to jail, 24 hours later I was released, returning home, I was informed that I needed to vacate the house immediately, which I did the following morning.

    My residence (Owner,Former Girlfriend) My former girlfriends resident was around 150 feet to the east of my residence, she paid me regular unannounced visits and also being well within earshot of any unusual noise.

    There was NO Warrant, NO Miranda Rights, NO Charges Sited. NO Exigent Circumstance's.(Both Incidences) learned of charges during arraignment, second incident, Disorderly Conduct-Weapon/Instrument

    Is there any case here or am I crazy.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: False Arrest/Imprisonment

    Did you stand trial? What was the outcome?

  3. #3

    Default Re: False Arrest/Imprisonment

    Warrants aren't needed for exigent circumstances. There were exigent circumstances in BOTH cases - especially the second. No court is going believe police that entering a residence where a gunshot was heard ISN'T exigent - especially if this is the same residence to which they have responded for a potentially suicidal person in the past (yes, police really do look at the history of calls at any given location when responding to a new call).

    Miranda isn't required unless a) police want to interrogate you post arrest AND b) police want to use any statements made as part of a criminal case against you.

    Note that BOTH of these incidents originated by calls from your girlfriend - and whatever she's saying is setting the stage for law enforcement to act as is you're about to off yourself (there's that whole exigent circumstance thing starting to roll).

    It's time to either:

    a) dump the hystrionic girlfriend who seems to think you need a full time law enforcement baby sitter, or

    b) figure out what dynamic is occurring that makes her think you're in some imminent danger (key word: "communication skills") and get either or both of you some help - this dynamic certainly isn't healthy and doesn't bode well for you to live in peace so long as she insists on reporting that you're a constant danger to yourself

  4. #4
    Join Date
    Aug 2009
    Location
    Central Florida
    Posts
    37

    Default Re: False Arrest and Imprisonment

    In Florida we would have done the same thing, but your guns would have been taken on the first go around, preventing the 2nd event. We can take you against your will for an evaluation if we think you may cause injury or death to yourself or others, or if you are unable to care for yourself. When we take you for evaluation we also remove your firearms for safe keeping. If you want them back you must petition the court for them to be returned. Also, you may lose your right to purchase additional firearms after this occures. In Florida it is called the Baker Act that allows us to do this for everybody's safety. I am sure your state has something similar.

  5. #5
    Join Date
    Jul 2009
    Location
    Rhode Island
    Posts
    86

    Default Re: False Arrest and Imprisonment

    Did they break any bones?

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