What is the name of your state (only U.S. law)? GA
Not sure if this is the right place so apologies in advance if not.
I was recently arrested for, what the officer stated, "Stalking With The Intent To Harass". I can find no such code titled as such so I am assuming GA Code 16-5-90 Stalking as it is the only code that reasonably makes since.
Code 16-5-90 states:
(a) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
It is a fairly long story but to summarize, my gf and I were attempting to locate her son who was never returned by the father after visitation. To note, at that time, there was no official court ordered visitation agreement so the child was not legally kidnapped. We stopped by the father's last known address and spotted his girlfriend there. We attempted to follow her so that we could find where the child was in order to have the police do a welfare check on the child (Police were willing to do this but stated they could not without knowing where the child was and father refused Sheriff's telephonic directive to reveal where child was).
After three unsucessful attempts to follow without being discovered, I had my gf drop me off close to the residence and I hid in the vacant wooded lot next to the house so that if the child was at the house, I could notify law enforcement. (As a side note, the local Sheriff was notified via e-mail as to what we were doing. He informed me that the gf had placed a complaint with his dept concerning us but had informed her that what we were doing was not considered harassment) I was discovered by the father's g/f and someone later determined to be her cousin. He grabbed a bat out of his truck and charged me. I managed to escape and dialed 911 on my cell when I entered a warehouse. I heard someone enter and thinking it was the man with the bat, placed my phone in back pocket to record the expected confrontation. It turned out to be an employee walking by and afterward, I called my gf who was close by and she picked me up.
Roughly an hour later, police showed up at a relative's house and asked my gf and I to give statements. We both did so, mine rather lengthy and detailed explaining all actions throughout the encounter. I was subsquently arrested for Stalking With The Intent To Harass. My g/f was not arrested because according to the officer, she "never left the vehicle" (which baffles me since the basis for my arrest would apply to her as well as well as the Code being cited makes no mention of inside/outside vehicle).
So, my question is: Do I have a potentially viable case for Wrongful/False Arrest? The code clearly states that my intent must be for the purpose of harassing or intimidating. Both of our statements reflect that we were searching for the unreturned child and additionally, the "victim's" statement according to report stated that we were doing what we were doing because we felt she possibly had the missing child. Clearly, after interviewing the "victim" and our statements, the officer should have had no cause to believe that my actions were not done with the intent to harass or intimidate nor was that claim made by the "victim". From what I see, all personal bias aside, the officer arrested me for an act that was not illegal. I have found little on this matter but Sorrell v. McGuigan seems relevant to me where a man was arrested for an act that the officer should have known at the time to be legal.
Additionally, I am mainly concerned with civil litigation. If anyone cares to weigh in with opinion concerning criminal aspect of this act, please feel free to do so. I have consulted with a couple of attorney's who just shook there head and suggested that "this isn't going anywhere" however criminal law is not their speciality.
Not sure if this is the right place so apologies in advance if not.
I was recently arrested for, what the officer stated, "Stalking With The Intent To Harass". I can find no such code titled as such so I am assuming GA Code 16-5-90 Stalking as it is the only code that reasonably makes since.
Code 16-5-90 states:
(a) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
It is a fairly long story but to summarize, my gf and I were attempting to locate her son who was never returned by the father after visitation. To note, at that time, there was no official court ordered visitation agreement so the child was not legally kidnapped. We stopped by the father's last known address and spotted his girlfriend there. We attempted to follow her so that we could find where the child was in order to have the police do a welfare check on the child (Police were willing to do this but stated they could not without knowing where the child was and father refused Sheriff's telephonic directive to reveal where child was).
After three unsucessful attempts to follow without being discovered, I had my gf drop me off close to the residence and I hid in the vacant wooded lot next to the house so that if the child was at the house, I could notify law enforcement. (As a side note, the local Sheriff was notified via e-mail as to what we were doing. He informed me that the gf had placed a complaint with his dept concerning us but had informed her that what we were doing was not considered harassment) I was discovered by the father's g/f and someone later determined to be her cousin. He grabbed a bat out of his truck and charged me. I managed to escape and dialed 911 on my cell when I entered a warehouse. I heard someone enter and thinking it was the man with the bat, placed my phone in back pocket to record the expected confrontation. It turned out to be an employee walking by and afterward, I called my gf who was close by and she picked me up.
Roughly an hour later, police showed up at a relative's house and asked my gf and I to give statements. We both did so, mine rather lengthy and detailed explaining all actions throughout the encounter. I was subsquently arrested for Stalking With The Intent To Harass. My g/f was not arrested because according to the officer, she "never left the vehicle" (which baffles me since the basis for my arrest would apply to her as well as well as the Code being cited makes no mention of inside/outside vehicle).
So, my question is: Do I have a potentially viable case for Wrongful/False Arrest? The code clearly states that my intent must be for the purpose of harassing or intimidating. Both of our statements reflect that we were searching for the unreturned child and additionally, the "victim's" statement according to report stated that we were doing what we were doing because we felt she possibly had the missing child. Clearly, after interviewing the "victim" and our statements, the officer should have had no cause to believe that my actions were not done with the intent to harass or intimidate nor was that claim made by the "victim". From what I see, all personal bias aside, the officer arrested me for an act that was not illegal. I have found little on this matter but Sorrell v. McGuigan seems relevant to me where a man was arrested for an act that the officer should have known at the time to be legal.
Additionally, I am mainly concerned with civil litigation. If anyone cares to weigh in with opinion concerning criminal aspect of this act, please feel free to do so. I have consulted with a couple of attorney's who just shook there head and suggested that "this isn't going anywhere" however criminal law is not their speciality.
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