Poll

A police officer illegally detains you, lies to you and arrests you. After being booked and thrown into a cell for a few hours, they release you without charges. What do you do?

Call someone for a ride home and try to forget about it.
Call it a "lesson learned" and vow to be more respectful of police power.
Make a You Tube video.
Find a lawyer and sue the officer, department, and municipality into the dirt.

Illegal Arrest (Read 24829 times)

edster48

Re: Illegal Arrest
« Reply #40 on: January 04, 2015, 08:29:39 AM »
My, feeling a little defensive? I was making very general comments about the process. Yes, if the officer has RAS of illegal activity he can detain you. However, how long he can detain you is up for debate. Some courts have held that with RAS a 45 minute wait is OK. Without RAS the time a person can be held must be "de minimus" which, as is usually the case, ill defined.

As for the dog, again, I was making a general comment, not accusing you of blaming the dog....

But hey, thanks for the clarification....



BS, you were specifically rebutting my prior post, and taking the thread off on a tangent.

You're welcome for the clarification.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

edster48

Re: Illegal Arrest
« Reply #41 on: January 04, 2015, 08:47:22 AM »
OK, I've locked the voting.

I find it interesting that 20% of the respondents would just let it go and accept that this could be done to them in the USA.

That 77% would at least attempt to fight this kind of injustice is encouraging, This is the only way we can protect our Constitutional rights, short of civil war.

Thank God, at least one person would post this on You Tube!

Thanks to everyone for participating!     :shaka:
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

aieahound

Re: Illegal Arrest
« Reply #42 on: January 04, 2015, 09:50:31 AM »
My personal opinion is I have to call bullcrap on at least 50% of the 80% who say they would take legal action...
Especially if detainment was only a few hours and no charges were filed.

Ideals and action are 2 different things.

mauidog

Re: Illegal Arrest
« Reply #43 on: January 04, 2015, 10:34:44 AM »
My personal opinion is I have to call bullcrap on at least 50% of the 80% who say they would take legal action...
Especially if detainment was only a few hours and no charges were filed.

Ideals and action are 2 different things.

I think that figure would vary as well, based on the severity of the encounter.  If the worst that COULD have happened was a couple of weekends community service or a fine, then most would walk away and and say, "Whatevah!"

If, however, you were being railroaded on a charge that could land you years in prison or some other life-changing sentence, I think that would factor into your "stress meter", making it more likely you'll retaliate with charges of your own.

As for the YouTube Video comment from Edster, you split that off from the other options.  Had this been a multiple selection poll, I would have chosen that on top of the answer I gave.  In fact, I have a dash cam in my vehicle which should catch the beginning of the encounter, and if I don't get too distracted, I would hope to remember to switch on my cell to record, too.  Whether that makes it to YouTube or not would depend on the content and quality of the recordings.

 :shaka:
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

kong

Re: Illegal Arrest
« Reply #44 on: January 04, 2015, 06:42:35 PM »
I won't post in the open for any potential criminals or idiots. Fight the cop if the arrest is legal or not and see what happens. For me I would try to talk then if he is set on arresting call an attorney.

HiCarry

Re: Illegal Arrest
« Reply #45 on: January 05, 2015, 02:00:12 PM »
BS, you were specifically rebutting my prior post, and taking the thread off on a tangent.

You're welcome for the clarification.

No, I wasn't but you're free to think whatever you want....

Funtimes

Re: Illegal Arrest
« Reply #46 on: January 08, 2015, 01:28:49 PM »
Lets keep in mind that the feds can do things that local PD cannot. The feds might be able to search based off of a dog hit but from my understanding Honolulu PD would have to apply for a search warrant. I think it would be hard to develop reasonable suspicion that there were drugs in a vehicle just from a traffic stop in order to justify a detention long enough to bring a dog on scene. Now marijuana has an obvious smell but since small quantities of marijuana was misdemeanor cases, is an officer really going to spend that much time and effort for a bogus case?

As for an officer lying? Well they can lie to people, as long as it is not about certain things. If officers couldn't lie then no one could ever go undercover! The illegal arrest is the most serious concern in my opinion.

They don't really need any additional suspicion from the initial stop.  In a related case, around 7 minutes was deemed reasonable in addition to the  original stop.  There isn't a "time frame" articulated, but if the K-9 is in the general are and could get there in less than say 10 minutes, they could pretty much hold anyone.

Now, honestly, the cop could go call him, sit in the car, run the plates, take his time... play some candy crush while he waits, write a ticket...  and then the dog would be there anyways lol.
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Funtimes

Re: Illegal Arrest
« Reply #47 on: January 08, 2015, 01:30:01 PM »
My personal opinion is I have to call bullcrap on at least 50% of the 80% who say they would take legal action...
Especially if detainment was only a few hours and no charges were filed.

Ideals and action are 2 different things.

I can pretty much guarantee you I would drop a suit lol.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

wolfwood

Re: Illegal Arrest
« Reply #48 on: January 08, 2015, 02:37:59 PM »
My personal opinion is I have to call bullcrap on at least 50% of the 80% who say they would take legal action...
Especially if detainment was only a few hours and no charges were filed.

Ideals and action are 2 different things.

I completely agree with this post. You'd be amazed at how many people contact me telling me their civil rights have been violated by the police and want representation without compensation.  I take a few cases pro bono when I like the client such as with George Young current appeal or when I believe in the issue like Baker. However I've got bills to pay myself and typically need money up front to take a case. Its amazing how many people who just get done telling me the police are not willing to pay are not willing to put up a retainer. 
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Heavies

Re: Illegal Arrest
« Reply #49 on: January 08, 2015, 09:34:45 PM »
I completely agree with this post. You'd be amazed at how many people contact me telling me their civil rights have been violated by the police and want representation without compensation.  I take a few cases pro bono when I like the client such as with George Young current appeal or when I believe in the issue like Baker. However I've got bills to pay myself and typically need money up front to take a case. Its amazing how many people who just get done telling me the police are not willing to pay are not willing to put up a retainer. 

Therein lies the problem, not many have the time nor the funds to do much really.  Unless you go through the channels with your complaints, they are addressed, and wrongful parties are held accountable.....  eheh yeah right....