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#1
10-21-2009, 10:51 AM
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failure to stop at the direction of a peace officeralaska I was in my car on a public street, surfing the web. A police approached I was asked for ID. I gave him my driver's license, he looked at the applications i was using on my computer, which was skype. He said he wanted me not to return, at which I said, "have i broken any law?" he said probably not but not to return anyway. I said 'Well, if I haven't broken any law, I don't see why I should have to promise to not return" At that point he said he would call the owner of the apartment building adjacent and have me arrested for trespassing. At which point I pointed out that there was no signs, or any indications that I was trespassing in anyway. I drove up along the side of his vehicle and said..."this is ridiculous" he said 'you are under detainment" , I said..."you have to either arrest me or let me go" he repeated..."you are under detainment" and i repeated "you have to either arrest me or let me go" and at that point i slowly drove away. He turned on his lights and followed. I immediately stopped and got out..i was ordered to lay on the ground in the mud, a gun was put to my head, and I was brutally handcuffed and thrown in the back of a police car. I stayed there until i was released with some state troopers on location. I asked the state troopers to take my false arrest charge, and they told me to go to the local police station. I did and filed a police brutality charge. I was refused access to the police tapes, with them saying "it would be a violation of the rights of a state employee." I informed the major of North Pole. I then had to leave alaska on business/vacation and family issues. I continued to call the mayor's office to see what had happened with my case, he said nothing. I later found out from my renter that about 2 months after the incident and the filing of the police brutality/false arrest charge, two police came by my house with a summons to appear. I called the state and found out it was for "Failure to stop at the direction of a peace officer" which is a class A misdemeanor with up to 1 year in jail and $10000. |
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#2
10-21-2009, 10:57 AM
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| maybe i missed it, but did you have a legal question? |
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#3
10-21-2009, 11:02 AM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic!  Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#4
10-21-2009, 11:19 AM
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#5
10-21-2009, 12:06 PM
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Pretty scary too,,,, seeing as that is exactly how I had planned on spending my day,,,, 
__________________ If you pick up a starving dog and make him prosperous, he will not turn and bite you for your kindness, but he will stand by your side until death. This is the principal difference between a dog and a man. |
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#6
10-21-2009, 12:08 PM
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#7
10-21-2009, 12:11 PM
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to answer the nice lady's questionI want to know if i have broken a law. It would seem to me that when I said ... "either arrest me or let me go" it would be his obligation to inform me that if I did leave i would be put under arrest. We always see this on TV.."either arrest me or i am out of here" Also...how long can a summons be out there? and what is the best way for me to handle this situation being that I am out of state? And is there further repercussions for this retaliation for my filing a police brutality charge? What about a quick trial? any other comments or advice would be greatly appreciated |
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#8
10-21-2009, 12:13 PM
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 wait for it.....detained!!! |
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#9
10-21-2009, 12:27 PM
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but the 4th amendment states that there has to be probable cause...the police officer had already determined that that wasn't the case.. can we get past the poking fun state and get to the issues please? |
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#10
10-21-2009, 12:34 PM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. Communication is KEY - 10 mins of talking now can save you months of headaches later! Masterfully stating the obvious to the oblivious! (Thanks SP!) Tell it like it is! When all else fails, make up a statistic! Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
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#11
10-21-2009, 12:37 PM
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you don't get to decide what is or is not probable cause. a court does. you will need to contact a lawyer where the ticket was issued. or attend court on the hearing date. you don't handle this, and you could end up with a warrant. it will get messy. |
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#12
10-21-2009, 12:38 PM
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#13
10-21-2009, 12:51 PM
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this was clearly a case where i had been checked out for any "probable cause" and then in a retaliatory response to my refusal to submit to an unlawful demand, was detained |
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#14
10-21-2009, 12:55 PM
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#15
10-21-2009, 12:58 PM
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