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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 07-07-2005, 08:39 PM
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Angry

Who is liable for false arrest?


What is the name of your state?Texas

Who do you sue for being wrongfully arrested? The Police, the complaintents liability insurance, an individual???

I was arrested and in jail for 2 days. After several court dates the district attorney concluded I had permission to be at the property I was arrested for trespassing at. The case was dismissed. This arrest was simply to harass me and cost me grief and thousands of dollars.

I just found out there is a warrant for my arrest again and they are simply doing it again to harass me. I'm tired of it.

Any suggestions on how to make someone pay for this BS?
  #2  
Old 07-07-2005, 08:47 PM
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Quote:
Originally Posted by Mike Krausman
What is the name of your state?Texas

Who do you sue for being wrongfully arrested? The Police, the complaintents liability insurance, an individual???

I was arrested and in jail for 2 days. After several court dates the district attorney concluded I had permission to be at the property I was arrested for trespassing at. The case was dismissed. This arrest was simply to harass me and cost me grief and thousands of dollars.

I just found out there is a warrant for my arrest again and they are simply doing it again to harass me. I'm tired of it.

Any suggestions on how to make someone pay for this BS?
Why do you keep being arrested?

If you are being arrested on a warrant that was issued by a court, then the police can't be sued because they are acting in good faith on a court order.

If someone is making false complaints against you and you keep going to jail, why hasn't the DA figured this out and gone after that person for filing false reports?

There MUST be more to this story. Do tell.

- Carl
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  #3  
Old 07-07-2005, 09:09 PM
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Wrongful arrests


The owners and property managers of this condo complex are not being honest with the residents about their financial status, plans for the property and really about anything at all. (they just lost the property to the bank and went bankrupt) the residents call me when they want truthful answers about the property and it's future.

The owners and property look at my honesty as interfering with their business and they do not want me associating with any of the residents. Their way of trying to get me to stop advising and consulting the residents who I sold homes to is to try to assinate my character by having me arrested.

Fortunatly, the people know that I speak the truth and see that everything I have told them has been for their protection and their own good. That's about it.
  #4  
Old 07-07-2005, 09:18 PM
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That still doesn't tell me what you have been arrested for.

What charges do you keep getting arrested for? And have any of them ever gone to court?

- Carl
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....author unknown
  #5  
Old 07-07-2005, 09:27 PM
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Trespassing


They call the police and file trespass charges if I go on the property. Because they assume I am informing residents of their scam or other inside information they do not want to be public knowledge. However, the district attorney dropped the first arrest charge because "he had permission to be there".

You see, this property is a condo project with many individual owners. I am invited there often and have every right to be there. It is only when the property manager sees me that she calls the police.

They know, or at least I think they know that I have every right to be there but the on-site security guy (who is a cop during the day) is affraid if he does not do what the property manager wants, he will lose his free or reduced rent condo he livs in. He told me that.
  #6  
Old 07-07-2005, 09:32 PM
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Well, if they arrest you again, then maybe the DA will see this as a pattern. Better yet, go to the DA and see what you can do to forestall the arrest.

Ultimately, you may have to obtain an attorney to deal with the issue.

But, why are YOU involved in this? You aren't a tenant, owner, or financial partner. This really isn't any of your business anyway.

- Carl
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A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #7  
Old 07-07-2005, 09:37 PM
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Carl Sweetie, this may help.
[url]http://forum.freeadvice.com/search.php?do=finduser&u=197382[/url]
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It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
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  #8  
Old 07-07-2005, 09:41 PM
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Why I'm involved...


Several reasons, I sold these units to good people and feel a duty to tell them the truth about their investment and advise them on steps they can take to be treated more like owners and not low-life renters. (nothing wrong with renting I mean the property managers treat these people like dirt)

Also, the president of the mortgage company who has the 10,000,000 loan on this property was interested in knowing as much about the day to day activities of this property as well since they were being lied to by the borrower (owner). They implied that they would bring me back when they forclosed on the property and that may or may not happen, I'm not sure at this point.

I also sold several units to out of state investors and told them I would personally look out for them and their tennants.

Thats all. Thanks for your comments! I do appreciate it.

Mike
  #9  
Old 07-07-2005, 09:54 PM
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you can avoid the entire problem by meeting with the tenants off the property.
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  #10  
Old 07-07-2005, 10:02 PM
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Run and hide?


Why would I let someone bully me into needing to meet my friends and clients in their homes when it is perfectcy leagal for me to do so? The management company is the one who needs to get over it and acknowledge the fact that I can come and go as I please if I am doing nothing illegal.

Of course your idea would avoid problems but it would be wrong for me to let the bully think they could do that to me and others, perhaps you someday. Wrong is wrong!
  #11  
Old 07-08-2005, 10:30 AM
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I would like to point out that the definition of false arrest is being detained by someone that does not have the authority to do so. Based on all your posts, this did not happen.
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  #12  
Old 07-08-2005, 10:39 AM
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Quote:
Originally Posted by Mike Krausman
Why would I let someone bully me into needing to meet my friends and clients in their homes when it is perfectcy leagal for me to do so? The management company is the one who needs to get over it and acknowledge the fact that I can come and go as I please if I am doing nothing illegal.

Of course your idea would avoid problems but it would be wrong for me to let the bully think they could do that to me and others, perhaps you someday. Wrong is wrong!
Wrong may be wrong, but unless you are going to hire an atorney to sue the owners who keep filing these charges against you, then you will continue to be inconvenienced with arrests.

Of course you have gone to the DA about this problem, right? what does he have to say?

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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