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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 07-25-2007, 05:16 AM
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Angry

Detained with no reason


What is the name of your state? California
Unfortunatly , I live in dwelling with too many people I have my own room in the second floor , underneeth me is a person who I even Don't know , hi , bye thats it , the police came one day raiding the house arrested him and I happen to be in the hallway right infornt my room preparing my self to go to bathroom all of the sudden the police were infront of me asking me about this guy , do you know .... ? and then right the minitue said you are detained !!! borke in to other roomates rooms broke the doors with no excuse or I DONT KNOW WHY THEY DID IT , NO BODY WAS there they entered my room I think they searched little bit and they kept asking me what's the relation ship between me and this guy , I told them he is my neighbor hi and bye I even don't know his name , they asked me whats my name the address of this house they confirmed that Iam living there through thier calls to thier database , and then they gave me a Certificate Of Relaese , Iam so upset cuase I have never been arrested before neither detained , Ihave nothing to do with this , they found druges in his apptement beside he was on parolle , and they said to me he was doing illegal activities,
my question is the certificate of release says that ..... such action is not deemed as an arrest but as detention , and they have asked me if i have ever been arrested before I siad NO and then they asked me if i have ever been detained I said NO too so if something happend in the future i would anser Yes for THE question if you have ever been detained ?????????? why should be counted responsible for an act that I HAD NO HAND IN IT ? the only mistake is i was living upove this guy and i happen to be in the hallway ?
Do they have the right to break the doors ??
can I FIGHT it ???????, did they fallow the book by breaking this way and break the doors even after they arrested thier suspect , cuase i was detained after they arrested hi m I do still feel unsafe in my own room ? and I have upcomming immigration hearing which hopefully will lead to my adjustement of status is this will show up in my record ????????? IT IS REALLY UPSETTING FOR ME SINCE I HAVE NEVER BEEN ARRESTED BEFORE AND I HAD BEEN HELD ACCOUNTABE FOR SOMEBODY'S ELSE FAULT , AND SINCE I DO VOLUNTEER WORK FROM TIME TO TIME BESIDE I OBEY THE LAW .AND EVERYBODY KNOW THESES DAYS YOU ARE NOT BE ABLE TO ANYTHING WITHOUT BEING SCREENED AND GIVEN BACKGROUND CHEAK .What is the name of your state?What is the name of your state?
  #2  
Old 07-25-2007, 05:56 AM
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If there was any property damage as a result, file a report with the agency as they are responsible.
  #3  
Old 07-25-2007, 08:46 AM
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Location: Southern California
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This would be a good time to start looking for a better/safer place to live. It sounds like you're living in a half way house or some similar low budget home for the nearly homeless. If there are other tenants renting rooms in this place who are on parole, you can expect more of this type of police activity in the future.
However, you weren't arrested so don't worry about being detained, it doesn't count as any points against you and there probably isn't even any record of it. So it will not show up on any background check.
Look for another place to live, because from what you've posted about this place, being detained by the police should be the least of your worries.
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  #4  
Old 07-25-2007, 10:51 AM
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Quote:
Originally Posted by outonbail View Post
This would be a good time to start looking for a better/safer place to live. It sounds like you're living in a half way house or some similar low budget home for the nearly homeless. If there are other tenants renting rooms in this place who are on parole, you can expect more of this type of police activity in the future.
However, you weren't arrested so don't worry about being detained, it doesn't count as any points against you and there probably isn't even any record of it. So it will not show up on any background check.
Look for another place to live, because from what you've posted about this place, being detained by the police should be the least of your worries.
My thoughts exactly. I can't say whether you knew that illegal activites were going on but now that you do get out of there, officially move out, as quickly as possible. Always be sure to associate yourself with good law abiding people.
  #5  
Old 07-25-2007, 01:03 PM
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Quote:
Originally Posted by sam129
and then they gave me a Certificate Of Relaese
That's what they do - they are PC 849(b) forms. You're lucky, most agencies don't issue those certificates even though the law states that they are supposed to.

Quote:
in the future i would anser Yes for THE question if you have ever been detained ?
Well, if you have ever been stopped for a traffic ticket, you've been detained as well. Also, no employer in CA is allowed to ask even about arrests, so an employer certainly won't ask about detentions ... unless the job is for certain government or law enforcement related positions.

Quote:
Do they have the right to break the doors ??
To the parolee's apartment? More than likely, yes. But, his doors are his issue - not yours.

Quote:
did they fallow the book by breaking this way and break the doors even after they arrested thier suspect
It depends ... if he was arrested on site, then it was likely proper. If he was arrested elsewhere, then the resident MIGHT have a good claim in a motion to suppress any evidence found in the entry to his apartment. But, that's a legal issue for HIM to fight ... and then, only if there was something found in the apartment to use against him. Otherwise, he can make a claim for damages to the door.

Quote:
and I have upcomming immigration hearing which hopefully will lead to my adjustement of status is this will show up in my record ?
If you were never taken to jail, this is not going to show up on any state criminal history. It MIGHT show up as a detention or that you were an involved party in a search of the agency's records, but this is not going to be held against you.


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  #6  
Old 07-26-2007, 05:21 AM
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Thumbs up

Thanx FOR EVERYBODY ,CdwJava,MikeKV,outonbail


Thanx FOR EVERYBODY ,CdwJava,MikeKV,outonbail,
Thanx very much for your advice , you were absolutley right , we have a say in our country says in the meaning of it " SEARCH FOR THE NIEGHBOR BEFORE THE HOUSE "
unfortunatly I was looking for good deal which means cheap but I believe cheap is expensive some times, Iam working on it but danm it's not easy to find sober people these days , Thanx OUTONBAIL HOPEFULLY I WILL NOT NEED YOUR SERVICES TO BE OUT ON BAIL
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