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  #1  
Old 06-06-2008, 11:10 AM
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Join Date: Apr 2006
Location: Illinois
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Investigation brought on by family members


What is the name of your state? IL

Here's another strange one..

Family member has an agenda. One family member has information that could cause another family member to lose a very expensive home and land.

Family member decides to have other family member "investigated" for making a late payment on a car. The investigating deputy sheriff has agreed, unknown to the one being investigated, that the family is doing this with the understanding that said family member being investigated will not be put in jail, not be charged, just be harassed. This is their way of dealing with a family squabble over land.

Can a deputy sheriff come to one's home, ask them to come to the sheriffs office, start an investigation procedure, videotape said family member and then let them go? Isn't this illegal? This seems a bit fishy to me. Sounds like said family is using deputy to scare family member into doing what they want.

Anyone know anything about something like this or even heard of something so bizarre?
  #2  
Old 06-06-2008, 12:01 PM
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Rather than play the 99 question and answer game to find out what's really going on, I'll just answer your question regarding the sheriff questioning.

The sheriff, police, FBI, DEA and every other law enforcement agency in the country has every right to ask someone to come down to the station voluntarily, so they can ask them some questions about an investigation.
They could also ask them if it is alright to make a video recording of the interview and if the person who is there voluntarily doesn't mind, then it's perfectly OK.

They key word here is "voluntarily". Because if the sheriff asks someone to come to the station voluntarily, regardless of the reason, everyone has the right to say no!

The sheriff also does not have to arrest anyone, until they complete their investigation and determine if any laws were broken. They don't even have to arrest them then.

If they have a warrant or evidence of a crime, they can arrest you without asking you to come to the station voluntarily. They can knock on your door and when you open it, "click click" on go the handcuffs.
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  #3  
Old 06-06-2008, 01:19 PM
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Quote:
Originally Posted by mariner View Post
Family member decides to have other family member "investigated" for making a late payment on a car.
When did making a late payment become a criminal matter?

Quote:
The investigating deputy sheriff has agreed, unknown to the one being investigated, that the family is doing this with the understanding that said family member being investigated will not be put in jail, not be charged, just be harassed. This is their way of dealing with a family squabble over land.
First, I repeat my previous question: How is this a crime? So, why is the deputy involved?

Are you saying that the deputy is doing this NOT for any true investigative reason, but solely to "harass" the person being "investigated"? If you have proof of this, contact the officer's agency, the local DA, and even the state Attorney General because that deputy is likely acting unlawfully.

Quote:
Can a deputy sheriff come to one's home, ask them to come to the sheriffs office, start an investigation procedure, videotape said family member and then let them go? Isn't this illegal?
As Outonbail wrote, law enforcement can ask someone to come in and answer questions. Nothing illegal about that at all. In fact, we do that all the time.

Quote:
This seems a bit fishy to me. Sounds like said family is using deputy to scare family member into doing what they want.
If the deputy is investigating a reported crime, then he is doing nothing improper. If the family is knowingly and intentionally making stuff up that is not true, then they could be charged with a crime.


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