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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 04-01-2004, 12:09 AM
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Join Date: Mar 2004
Posts: 23

retail theft/resisting arrest/switchblade


What is the name of your state? Pennsylvania

I was arrested a few weeks ago after a gas station attendant *thought* she saw me put something in my bag. She asked to search it, I refused and left. She called the police and being in a small town they recognized the description of the friend's car I was in (covered in stickers for punk bands) and came to his house. I refused to be cuffed until the officer told me what i was under arrest for, he slammed me to the ground, threatened me with pepper spray, and finally telling me what was going on, cuffed me. at no time did i strike him, or threaten to.

he searched me (without consent) and found my switchblade. i had not been aware they were illegal in PA. he took me to the station and repeatedly tried to get permission to search my bag, and to get me to confess. i refused both.

he took down the address on my state ID card which is my former residence where no one who lives there presently knows me. he seized my bag awaiting a search warrant. i told him he did not have permission to keep it but it wasn't returned to me.

my question is, given the circumstances will charges even be filed? if so, how hard do they look for a guy in a case like this?
  #2  
Old 04-01-2004, 12:15 AM
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Location: Catatonic State
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Re: retail theft/resisting arrest/switchblade


Quote:
Originally posted by jeffeulogy
What is the name of your state? Pennsylvania

I was arrested a few weeks ago after a gas station attendant *thought* she saw me put something in my bag. She asked to search it, I refused and left. She called the police and being in a small town they recognized the description of the friend's car I was in (covered in stickers for punk bands) and came to his house. I refused to be cuffed until the officer told me what i was under arrest for, he slammed me to the ground, threatened me with pepper spray, and finally telling me what was going on, cuffed me. at no time did i strike him, or threaten to.

he searched me (without consent) and found my switchblade. i had not been aware they were illegal in PA. he took me to the station and repeatedly tried to get permission to search my bag, and to get me to confess. i refused both.

he took down the address on my state ID card which is my former residence where no one who lives there presently knows me. he seized my bag awaiting a search warrant. i told him he did not have permission to keep it but it wasn't returned to me.

my question is, given the circumstances will charges even be filed? if so, how hard do they look for a guy in a case like this?
**A: yes, there is still time to file charges. They look real hard since it's the death penalty.
  #3  
Old 04-01-2004, 12:40 AM
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give george w. another 20 years and they will impose the death penalty for this kind of thing.

how would i even know if they filed charges given that they have the wrong address? i haven't seen anything about this in the police blotter or judicial action sections of the paper.
  #4  
Old 04-01-2004, 08:29 AM
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Location: New England
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Quote:
Originally posted by jeffeulogy
give george w. another 20 years and they will impose the death penalty for this kind of thing.

how would i even know if they filed charges given that they have the wrong address? i haven't seen anything about this in the police blotter or judicial action sections of the paper.

A president can only serve two 4 year terms. You must know this.

Anyways, you have 10 days from the date of your move to change your address with the DMV. It is your responsibility, and carries a fine up to 500$. So, if you don't want a warrant out for you I would advise you to change your address, as well as call the police station to make sure they know the address on your ID was not correct. It is no ones' fault but your own that you did not change your address.
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  #5  
Old 04-01-2004, 10:05 AM
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Location: Catatonic State
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Quote:
Originally posted by jeffeulogy
give george w. another 20 years and they will impose the death penalty for this kind of thing.

how would i even know if they filed charges given that they have the wrong address? i haven't seen anything about this in the police blotter or judicial action sections of the paper.
**A: go down to the police station and ask to see your record.
  #6  
Old 04-01-2004, 10:13 AM
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Jeff, kiss your ass goodbye.

If this issue was only the shoplifting (which your subsequent conduct supports), then you probably wouldn't have too much to worry about.
However, the fact that you resisted arrest (and you clearly did that) and that you were carrying a concealed weapon (illegal at that), this is now a far more serious set of charges.

Needless to say, this will NOT just go away, nor will this be handled lightly. The police WILL get a warrant for your arrest and you will eventually be stopped and the warrant discovered. The only issue is when.

My suggestion.... stop running now and get this resolved. If you don't, the costs and incovenience will only increase.
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  #7  
Old 04-04-2004, 10:13 AM
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Just a clarification.

Quote:
Originally posted by n_and
[b]A president can only serve two 4 year terms. You must know this.[b]
Actually, a person can serve a total of 10 years. That happens when he assumes the Presidency in the third or seventh year (if it's two-term) and is then re-elected to two, full four year terms.
  #8  
Old 04-04-2004, 12:55 PM
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Quote:
Originally posted by mailman16
Just a clarification.



Actually, a person can serve a total of 10 years. That happens when he assumes the Presidency in the third or seventh year (if it's two-term) and is then re-elected to two, full four year terms.
**A: good point but the main issue was that a President could not serve a total of 20 years.
  #9  
Old 04-05-2004, 01:18 AM
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Location: Northeastern Pennsylvania
Posts: 759

Re: retail theft/resisting arrest/switchblade


"I refused to be cuffed until the officer told me what i was under arrest for, he slammed me to the ground, threatened me with pepper spray, and finally telling me what was going on, cuffed me. at no time did i strike him, or threaten to. "

Wow. I didn't realize you had to consent to being cuffed. Refuse to be arrested when I try to arrest you, and get what you deserve. This is obviously resisting. Striking the officer would have resulted in being charged with Aggravated Assault, a Felony.


"he searched me (without consent) and found my switchblade. i had not been aware they were illegal in PA. he took me to the station and repeatedly tried to get permission to search my bag, and to get me to confess. i refused both."

He doesn't need your consent to search you. You were under arrest, and "search incident to arrest" is a valid exception to the warrant requirement.

Automatic knives are prohibited as an "offensive weapon".

"he took down the address on my state ID card which is my former residence where no one who lives there presently knows me. he seized my bag awaiting a search warrant. i told him he did not have permission to keep it but it wasn't returned to me."

He doesn't need your permission to retain possession of the bag.

The address on your ID card (suspended license, eh?) will be the one used for the filing of charges. If the address is not valid, what will happen is this: They will send you a summons to appear in court. It will arrive certified mail. Of course, you not being there, it will be returned as unclaimed. The court will issue a warrant for you. The police willl find you, either through a warrant hit the next time you have police contact or through your friends (you did state they recognized your buddy's car and knew where to find it). You will be arraigned, required to post bail, and failing to post bail, you will sit in jail until your court appearances or complete.

If you were smart, you would immediately go to the court or to the police department and provide your valid address. That way you can actually receive the summons and stay out of jail while attending court. You will simply need to show up when required. Then you and your attorney can proceed from there, but you'll be free.

"my question is, given the circumstances will charges even be filed? if so, how hard do they look for a guy in a case like this?"

Why would they not file charges? You were arrested and released in accordance with the rules of criminal procedure. I probably would have arraigned you immediately due to the resisting.

BTW, PennDOT requires you notify them of an address change within 15 days, and the max fine is $200 plus court costs.
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  #10  
Old 04-05-2004, 07:25 AM
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'Actually, a person can serve a total of 10 years'

Quote:
**A: good point but the main issue was that a President could not serve a total of 20 years.
Definitely a good point and I appreciate you telling me this, but I am aware (poli/sci student).
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