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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 02-17-2005, 02:58 PM
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Join Date: Feb 2005
Posts: 3
Angry

Amendment IV Rights


What is the name of your state? Maryland
Had a bench warrant issued for an FTA. Due to the officer transposing my address numbers on the citation I never got notice to go to court. After finding out about the issue. Contacted the local SA office to get everything straight. For 3 weeks the officer never returned the SA office calls. Bench warrant still out.

Tuesday, ago two officers show up at my place of business and start questioning my partner about a noise complaint from Saturday night,about some unruly kids out back of our business. They proceed to request his ID as well as another employee in the building at the time. They proceed to threaten my partner with going to my landlord about the whole incident.

I proceed to come out from my office to help the officers. They ask me if I can show them where my property ends outside. After they have asked for my idea as well. Once outside they the call comes back over the radio that I have a warrant and they take me into custody. I was out on bail with in the hour.

I go today to follow up on the incedent that the officers were supposed to be investigating on tuesday. And suprise suprise there is no incident report, no noise complaint, no nothing.

Now my question is was mine, my parnter, or our employees IV Amendment rights violated. By these officers coming into a place business, lying about a supposed investigation, threatening about going to the landlord, and asking for everyones ID all because of a bench warrant for an FTA caused by one of their brother officers Dyslexia. What limitations are there for a bench warrant.
  #2  
Old 02-17-2005, 03:11 PM
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Location: California
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Quote:
Originally Posted by AngerInMd
Due to the officer transposing my address numbers on the citation I never got notice to go to court.
Wasn't there a court date ON the citation? ... They usually are ... If so, then it was up to you to go to court.


Quote:
Once outside they the call comes back over the radio that I have a warrant and they take me into custody. I was out on bail with in the hour.
Okay ... sounds reasonable so far.


Quote:
I go today to follow up on the incedent that the officers were supposed to be investigating on tuesday. And suprise suprise there is no incident report, no noise complaint, no nothing.
Okay ... and that means, what? Shoddy record keeping? A ruse? A call that they received that was not recorded by Dispatch?


Quote:
Now my question is was mine, my parnter, or our employees IV Amendment rights violated.
No. No search was conducted. And absent information to the contrary, they had a legitimate reason to be there. They asked for ID and they were provided ID. Did they threaten to arrest anyone for failing to provide ID?

The police can ASK anyone almost anything. The kicker is what happens when they are refused.

On the face of it there is nothing wrong here. Your only hope is that there was no court date listed on the original citation. If there was a court date, then you FTA is your fault.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 02-17-2005, 03:34 PM
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Join Date: Feb 2005
Posts: 3
Unhappy

No court date


In Maryland they dont issue the court date on the citation.
Traffic court is back looged by about 4 months here. You
recieve court notice in the mail here. Well normally you do.
When the officer can write the proper address down.

My question wasnt really about that, I know I got the ticket
and I know the reason for the FTA. Mine was simply coming into
a place a of business and misrepresenting themselves like that and
making threats to contact the landlord about an incedent that never
really happened. If anything I find it very unprofessional. It would
different if I were a hardened criminal wanted for murder or something.

So your telling me that an officer can walk into let say the local
Walmart and start asking for IDs jsut because he/she believes that
there is someone in there with a warrant?
  #4  
Old 02-17-2005, 03:44 PM
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Quote:
Originally Posted by AngerInMd
So your telling me that an officer can walk into let say the local Walmart and start asking for IDs jsut because he/she believes that
there is someone in there with a warrant?
Yes. I've never done that, but I could. Wal-Mart is a good place to find wanted people in my town. But then, we know most of the wanted people here, so if I were to see one I would either nab them while I was there or call someone who was on duty to come and nab 'em.

Anything that the general public can do, the police can do. I, as a citizen, can go into Wal-Mart and ask people all the questions I want - even rude ones, and even ask them who they are (... though the store manager would probably ask me to leave real quick). The police can legally do the same thing. If you said, "I ain't telling you," then they would need a little more than a suspicion to compel you to identify yourself.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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