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dropped

Junior Member
undefinedWhat is the name of your state?Calif.
I reside in Fontana. I am charged with theft of the elderly, and threat a witness(both a bogus charge) by a Rialto detective. My parents same charges. The det in Rialto had Fontana PD responde to the Fontana property to keep the peace. They responded but I went home. Fontana PD officer Dorsey was one who responded. 3 months later 2-26-04 Officer Dorsey does a traffic stop on me, plants meth and then cite releases me with a "notice to appear" with a date of 4-6-04. On 3-20-04 at 1:30am ,6 FPD and 2 dogs force thier way into residence, arrest myself for the cite release, beat on me,arrest my girlfriend and insult her and my parents of 80 years plus, then take me to Rialto to be questioned by the same Rialto Detective that arrested us on the elder abuse case,3 months earlier. The det questioined me about the elder case and unrelated other material of which have no bearing on anything. I was dropped off by FPD in Rialto at the police station and kept for 8 hours, drilled and then taken to West valley detention center with a 30,000.00 dollar bond for Poss of meth(the cite release).The poss case was dismissed pursant to 1385. It cost me 3,000-.00 to bail out, 6,000.00 for legal assistance. Because a cop told another cop to get me when he gets a chance which is exactly what happened. When I bailed out the Det wanted to knoiw when I was going to be bailed and the jail held me back until they spoke with the Det after bail was submitted, then called the bail bonds to try and get my bail revoked for i was already out on bail on the elder case. There was no reason for the special warrant(severed after 10:00pm) and is it legal for FPD to take me to another PD in another town at 2:00am. I was deprived of my freedom not just for the arrest but for the time in the other RPD. I could have bailed out 8 hours sooner had I not been taken there. I have a RPD report stating from the Det that she hand walked the Warrant to arrest to the FPD and telling them to bring me to Rialto PD when arrested.
 


CdwJava

Senior Member
dropped said:
3 months later 2-26-04 Officer Dorsey does a traffic stop on me, plants meth and then cite releases me with a "notice to appear" with a date of 4-6-04.
Of course he did ... he planted meth. on you (a felony) and then issues you a citation!?! Since possession of meth. is a felony, why on Earth would he even bother?

Sounds like he cited you for a traffic violation.


The det questioined me about the elder case and unrelated other material of which have no bearing on anything.
Translated: It was important stuff, but I'm not going to mention it here.


and is it legal for FPD to take me to another PD in another town at 2:00am.
Generally, yes.


I was deprived of my freedom not just for the arrest but for the time in the other RPD. I could have bailed out 8 hours sooner had I not been taken there.
And if you had invoked your right to remain silent, then they would have had no real choice but to take you to jail.


I have a RPD report stating from the Det that she hand walked the Warrant to arrest to the FPD and telling them to bring me to Rialto PD when arrested.
We do that for neighboring departments sometimes.

What exactly is your question? If you believe your rights have somehow been violated (and I doubt it ... but it's possible) then you can hire an attorney to sue the pants off of someone. Start the consultations right away.

- Carl
 

dropped

Junior Member
civil right liberties violation

What if the patrol car a prisoner was in was involved in a accident and injuries or even death came to the arrested individual being transported and the accident occured 5 miles in the oppisite direction of where the county jail is. I don't believe anyone would buy, and even if they did, the reason was "we were just being neighborly" and "do things like that for each other". When a cop pulls a car over for a supposed infraction, the cop is to do what he needs to do (ticket etc.) and then move on.Any lenghtly detention for a simple infraction is illegal. This tells me that any lengthly arrest by the arresting angency should also be illegal, let alone transportation to another PD agency in another town in the oppisite direction of the county jail. When a person is arrested, the police take you to be booked.They do not take you from town to town to see if the other agency's want to speak with them reguarding some other case they may be involved in. The police who want to question someone goes to the jail where they were booked in. Heck its on TV all the time. I know the cop who was doing the transporting of said prisnor in the scenerio of the accident would be in deep **** telling a jury that "we do it all the time to be neighborly" at 2:00am. Yes my civil rights were violated
 

CdwJava

Senior Member
dropped said:
What if the patrol car a prisoner was in was involved in a accident and injuries or even death came to the arrested individual being transported and the accident occured 5 miles in the oppisite direction of where the county jail is.
The liability would be the same wherever the accident occurred.

If I arrest someone I can take them to a place of custody or interrogation. I am not required to take them directly to MY jail. If I arrest someone in my city at the request of an agency in the same county but within an adjacent city, I can drive the suspect to their station and transfer custody.


I don't believe anyone would buy, and even if they did, the reason was "we were just being neighborly" and "do things like that for each other".
It doesn't matter if anyone buys it - there is nothing unlawful here that I can see.


When a cop pulls a car over for a supposed infraction, the cop is to do what he needs to do (ticket etc.) and then move on.Any lenghtly detention for a simple infraction is illegal.
Not necessarily. In general, yes. But, an infraction is a criminal offense that does not permit a custodial arrest. You were ARRESTED. In other words, you were in custody and going to jail.


This tells me that any lengthly arrest by the arresting angency should also be illegal, let alone transportation to another PD agency in another town in the oppisite direction of the county jail.
As I said, they don't have to take you directly to jail. Who ever said that we have to drive straight to jail from the scene of the arrest?

Where I used to work in southern California, we HAD to bring the prisoner to the station PRIOR to taking them to jail - and my agency was in the opposite direction of the jail. We also occasionally arrested people on probable cause from neighboring agencies and we would often transport them to the neighboring agency. There is no law prohibiting it - provided it is within the same county.


When a person is arrested, the police take you to be booked.
Not necessarily.


The police who want to question someone goes to the jail where they were booked in. Heck its on TV all the time.
Therein lies the problem - believing as fact what you see on TV.


I know the cop who was doing the transporting of said prisnor in the scenerio of the accident would be in deep **** telling a jury that "we do it all the time to be neighborly" at 2:00am. Yes my civil rights were violated
If you are so confident, hire an attorney. If you can find one that till take it on contingency I will be amazed, but maybe there is something in the details that is not clear here. But, generally, nothing unlawful was done here. It may not be common practice to transport a prisoner to a neighboring jurisdiction, but this does not make it unlawful.

- Carl
 

dropped

Junior Member
thanks

Is it standard procedure to issue a "notice to appear " and 3 weeks later the police decide with helpfrom the DA to break down the doors at 1:30 am and arreat you for the "notice to appear" and take you to another towns PD
CdwJava said:
The liability would be the same wherever the accident occurred.

If I arrest someone I can take them to a place of custody or interrogation. I am not required to take them directly to MY jail. If I arrest someone in my city at the request of an agency in the same county but within an adjacent city, I can drive the suspect to their station and transfer custody.



It doesn't matter if anyone buys it - there is nothing unlawful here that I can see.



Not necessarily. In general, yes. But, an infraction is a criminal offense that does not permit a custodial arrest. You were ARRESTED. In other words, you were in custody and going to jail.



As I said, they don't have to take you directly to jail. Who ever said that we have to drive straight to jail from the scene of the arrest?

Where I used to work in southern California, we HAD to bring the prisoner to the station PRIOR to taking them to jail - and my agency was in the opposite direction of the jail. We also occasionally arrested people on probable cause from neighboring agencies and we would often transport them to the neighboring agency. There is no law prohibiting it - provided it is within the same county.



Not necessarily.



Therein lies the problem - believing as fact what you see on TV.



If you are so confident, hire an attorney. If you can find one that till take it on contingency I will be amazed, but maybe there is something in the details that is not clear here. But, generally, nothing unlawful was done here. It may not be common practice to transport a prisoner to a neighboring jurisdiction, but this does not make it unlawful.

- Carl
 

CdwJava

Senior Member
dropped said:
Is it standard procedure to issue a "notice to appear " and 3 weeks later the police decide with helpfrom the DA to break down the doors at 1:30 am and arreat you for the "notice to appear" and take you to another towns PD
No ... but I will venture to guess the warrant was for something different than the citation.

Suppose you tell me what the charge on the citation was, and then what the charges you were booked on after your arrest were. THAT might tell me a whole lot about what happened.

- Carl
 
S

seniorjudge

Guest
CdwJava said:
No ... but I will venture to guess the warrant was for something different than the citation.

Suppose you tell me what the charge on the citation was, and then what the charges you were booked on after your arrest were. THAT might tell me a whole lot about what happened.

- Carl
I'm on pins and needles here...come on OP!!!
 

dropped

Junior Member
You asked for it

Who to attack judge, etc Well since you inquired I will tell you people(even though I already stated it)I recieved a :"notice to appear" that said "poss of meth" as the charge. It was your standard citation. I was cite released and if your an officer of the law you know damn well that this is done, if you want to do it. Its your choice at that time and yours alone.Since we have decided now that it wasn't standard procedure, what would we call it? Your response would be grateful.
 

dropped

Junior Member
here it is

seniorjudge said:
I'm on pins and needles here...come on OP!!!
the citation states "poss of meth" and that is what the warrant to arrest was for and no the time hadnt lapsed on the citation.
 

CdwJava

Senior Member
dropped said:
the citation states "poss of meth" and that is what the warrant to arrest was for and no the time hadnt lapsed on the citation.
What was the exact code section written on the citation?

Possession of methamphetamine in CA is a felony. If someone issued you a citation then they really oopsed. It could be that a warrant issued to correct the error if indeed you WERE somehow released for a felony. Someone may have saw the error and acted to rectify it.

- Carl
 

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