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unlawful arrest? Set up? Is this Leagal?

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stankdaddy

Junior Member
What is the name of your state? California

Hello. I just had a case resolved in which I took a plea. It was a drug case which involved the search and seizure of some of my property. During the case I was out on bail and was trying to get my property back. The arresting agency told me I had to wait untill my case got resolved then I could pick up my property.
So I called time and time again to get my property. They told me I then had to wait for the D.A. to give permission for that arresting agency before I could recieve my property. Meanwhile, I have a court order from the judge statiting to release my property back to me. Finally, the D.A. give the go ahead for me to pick up my things. I called the arrresting agency, they said o.k., you can pick up your things.So, I snatch up my court order from the judge, I went to see my public deffender to ask him if this was ok. He said go ahead and get you're stuff!
I went to the police dept. to pick up my things, they had evereyting laid out. They gave me a so called release form to sign. I did, they acted like they were going to help me load my things up, then out of nowhere, the officer said, turn around and proceeded to arrest me for possion of stolen property. Is this leagal, can I sue?
 


JETX

Senior Member
stankdaddy said:
they acted like they were going to help me load my things up, then out of nowhere, the officer said, turn around and proceeded to arrest me for possion of stolen property. Is this leagal, can I sue?
Of course it is legal. They wanted you to sign for your stolen property... and you did.
Can you sue??? Depends. Was the property in fact stolen??
 

CdwJava

Senior Member
It sounds like they determined that some of the stuff was someone else's property. They simply waited for you to sign for the property and thereby acknowledge your dominion and control over the property in question.

Sounds like it's time to see that attorney again.

- Carl
 

garrula lingua

Senior Member
WHAT !! The stuff I stole has been stolen !!! Curses !
I hate when that happens.

By the way, if you already pled to the drug offense, guess what ?
You now have a new case AND you have a probation violation of the first one !
Even if you're acquitted by a jury, you may be found guilty of the PV, as that's only a preponderance of the evidence standard. :D

Good job fighting those darn cops and DA and wresting your contraband from them.
 

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