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False iformation in a complaint form against police

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jvstice

Junior Member
What is the name of your state? CA.

I sold a car to an aquaintance, and the car recently passed the smog test req. For that reason, the car was still parked at my place, awaiting DMV stickers in the mail. All fees and req were fully paid. New reg owner was to take the car as soon as the reg stickers were in place.
Before said stickers arrived, the city towed away the vehicle claiming no current registration. Like I said before, that was not the case. Imediately I called the new reg owner, for him to call the police. He was disgusted, and he did not want to deal with it , asking me to call the police saying I was him. I did that, or else I was not going to get any information. I was afraid I would loose the car, and still owe this guy the cars value already paid for.
I called and I was met by a non chalant police dept. The operator said there was no one to talk to, no watch commander, no second, third, fourth...in rank...no one.
I thought they were just pulling my hair, no officers at a precinct?? Soon, they just re routed my calls to an answering machine, refusing to deal w me. I was stressed out about loosing the car, and, noone would tell me nor listen to my arguments.
Faced with the stations deaf ears, I had to call 911, to ask them to communicate me with the precinct in question. I told them outright, it was no emergency, all that happened was that I could not get a hold of the station...in a polite manner.
In this fashion I finally got a hold of a seargent. This seargent was very conceited, refusing to listen to me, and just patronized me with a condescending tone.
That act in itself, after the prior refusal to allow me to talk to a watch commander or any authority figure, and the disconnections and answering machine things games by the operator staff,made me say to myself, enough! I told the officer that I was going to the station to place a complaint against him, and against the way I was treated by the staff.
I went to the station , The officer in question came out. I asked him for a complaint form,he said there were no forms, just a information sheet of paper. I took the paper w/o incident and left for a coffee shop to fill it out.
When I came back, the same officer came out, this time refusing to make copies of my report. I went back out, to make copies, as the aformentioned officer came out to the lobby and in an intimidating manner told me to get out. I did, and I came back with the copies. The officer refused to acknowledge receipt, claming there was no stamp nor nothing. Upon my insistence and following the foot of the complaint info sheet, he reluctanctly signed my copy.
Because this incident began when I called the police trying to find out about the car, and I said I was the reg owner ( with his authorization) I wrote in the complaint that the reg owner began calling the police from my place, and then at his trequest I took over. The fact is yes, Itook over at his request, but he never came to my place nor called himself. I said so, because I was so stressed by the fall out, bad treatment, and because I called in his name, I had to say so. After I supposedly took over, I followed with what happend to me. The only amiss part is the inclusion of the reg owner as part of the phone calls.

Subsequently, next day, I got a hold of a great Lieutenant within that station. We talked calmly,I provided him with all the paperwork needed, and the car was returned free of charges about 7 days after.Upon that, I told this good officer I was taking my complaint back, dropping the complaint, because I deemed it a sour event, blaming it on stress and bad tempers. I deemed it unecesary and so I provided the good officer with a note of explanation, dropping the complaint. This happened right then, weeks ago.

Last week I received a call from some other officer from that precinct, asking me to meet him to answer some minor questions about the incident. I told him, yes, I dropped the complaint because I think it was a misunderstanding.
Upon meeting him a couple days ago, I was arrested charged with 529 pc and with calling 911.
I got bailed, and I have a court date.

If I dropped the complaint weeks ago, on my own volition, and not as a result of being charged, why am I getting charged??
Like I said before, I was so stressed, that I acted in an unjudicious manner when I wrote that complaint,but I realized it and dropped it.
I am a clean person recordwise, what can happen in court?? I never intented any malicious act, I acted with authorization from the owner, which in fact, sent a notarized proxy document to the good officer so I could retrieve the car.

Need advise
 


garrula lingua

Senior Member
You called 911 about your civil problem ?????

You insisted on calling the station, to the point of becoming harassing ?

You went through so much trouble to complain about the treatment you received (rather than concentrate on the car's release) ???

The Lt was a wimp, who, apparently, became frightened of an obnoxious person who wouldn't stop calling the station. Bad, gutless Lt.

I'd charge you. What do you think 911 is for ??? Emergencies !
It's people like yourself who tie up the 911 system & cause someone in mortal distress to be put on hold for fifteen minutes.
I'd charge you for the false info to a police officer, also.

You sound like you'd do the same thing today

No, I wouldn't help you, even if you were my brother. You need consequences for your sorry behavior.
 

CdwJava

Senior Member
jvstice said:
I sold a car to an aquaintance, and the car recently passed the smog test req. Before said stickers arrived, the city towed away the vehicle claiming no current registration. Like I said before, that was not the case.
So, you had proof of current registration?

Keep in mind that when these vehicles are towed the registration is pulled from the DMV. Apparently the DMV did not have the completed registration - hence the impound. Likely they were awating the smog test results and this was a "registration in progress", aslo referred to as a "RIP".

asking me to call the police saying I was him. I did that, or else I was not going to get any information.
Oops! Not a very good idea calling the police identifying yourself as someone else! We call that "a crime" in California.

I called and I was met by a non chalant police dept. The operator said there was no one to talk to, no watch commander, no second, third, fourth...in rank...no one.
3/4 of the agencies in CA are relatively small. Plus, no one there may be involved in vehicle impounds. At my agency there are two of us that deal with impounds - me and the Chief.

I had to call 911, to ask them to communicate me with the precinct in question. I told them outright, it was no emergency, all that happened was that I could not get a hold of the station...in a polite manner.
Not a lawful use of 9-1-1. Also a crime.

In this fashion I finally got a hold of a seargent. This seargent was very conceited, refusing to listen to me, and just patronized me with a condescending tone.
Well, he could have arrested you. So far you falsely identified yourself as another person and misused 9-1-1. The sergeant should not have been rude, but he might not have been the person to help you. We don't have a group mind where we can all know what everyone else is up to. Plus, vehicle impounds of this nature might be conducted by another arm of the agency (civilian staff, parking enforcement, etc.).

I told the officer that I was going to the station to place a complaint against him, and against the way I was treated by the staff.
Certainly your right.

I did, and I came back with the copies. The officer refused to acknowledge receipt, claming there was no stamp nor nothing. Upon my insistence and following the foot of the complaint info sheet, he reluctanctly signed my copy.
This might be a problem as we are required by law to accept personnel complaints and to make the process readily accessable. However, no one has to be happy about it. And if your attitude was poor, then I can understand his being ticked.

I deemed it unecesary and so I provided the good officer with a note of explanation, dropping the complaint. This happened right then, weeks ago.
Nice of you.

Upon meeting him a couple days ago, I was arrested charged with 529 pc and with calling 911.
PC 529:

529. Every person who falsely personates another in either his
private or official capacity, and in such assumed character either:
1. Becomes bail or surety for any party in any proceeding
whatever, before any court or officer authorized to take such bail or
surety;
2. Verifies, publishes, acknowledges, or proves, in the name of
another person, any written instrument, with intent that the same may
be recorded, delivered, or used as true; or,
3. Does any other act whereby, if done by the person falsely
personated, he might, in any event, become liable to any suit or
prosecution, or to pay any sum of money, or to incur any charge,
forfeiture, or penalty, or whereby any benefit might accrue to the
party personating, or to any other person;
Is punishable by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in the state prison, or in a county
jail not exceeding one year, or by both such fine and imprisonment.


The other offense was likely either PC 653x or PC 653y

PC 653x:

653x. (a) Any person who telephones the 911 emergency line with the
intent to annoy or harass another person is guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000),
by imprisonment in a county jail for not more than six months, or by
both the fine and imprisonment. Nothing in this section shall apply
to telephone calls made in good faith.
(b) An intent to annoy or harass is established by proof of
repeated calls over a period of time, however short, that are
unreasonable under the circumstances.
(c) Upon conviction of a violation of this section, a person also
shall be liable for all reasonable costs incurred by any unnecessary
emergency response.


PC 653y:

653y. (a) Any person who knowingly allows the use or who uses the
911 telephone system for any reason other than because of an
emergency is guilty of an infraction, punishable as follows:
(1) For a first or second violation, a written warning shall be
issued to the violator by the public safety entity originally
receiving the call describing the punishment for subsequent
violations. The written warning shall inform the recipient to notify
the issuing agency that the warning was issued inappropriately if
the recipient did not make, or knowingly allow the use of the 911
telephone system for, the nonemergency 911 call. The law enforcement
agency may provide educational materials regarding the appropriate
use of the 911 telephone system.


If I dropped the complaint weeks ago, on my own volition, and not as a result of being charged, why am I getting charged??
Because you committed a crime.

Like I said before, I was so stressed, that I acted in an unjudicious manner when I wrote that complaint,but I realized it and dropped it.
If you get stressed and beat someon up, or break their property, this does not absolve you of those crimes - why should it absolve you of THIS one?

I am a clean person recordwise, what can happen in court??
No one can say. The DA may choose not to file ... or you could be convicted. Speak to your counsel.

I never intented any malicious act, I acted with authorization from the owner, which in fact, sent a notarized proxy document to the good officer so I could retrieve the car.
None of which allowed you to falsely identify yourself or write a complaint with false or misleading information.


- Carl
 

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