Making an arrest

Hello,

I am from the State of Florida. My question is can a police officer make an arrest based on a complaint without having contacted both parties...the person making the complaint and the one accused of creating the complaint?

Is this due process?

Skie

Yup. It is called an arrest warrant based on probable cause derived from an informant. Fun, huh?

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Re: Making an Arrest

Hmm. Let me explain in more detail.

I was accused of sending a threatening email to someone which I did not send to them personally. We have statements from both providers stating I did not send that person the email. We have copies of the email which clearly shows it was forwarded to them by someone unknown to me and without my consent. It was originally sent to a private list. The jest of the post contained the words..."If I could get my hands around your throat I'd choke the living s_ _ _ out of you". The police chief in our town took that to a judge and got an arrest warrant almost 30 days after the date of the original email. The complaint was signed at 10:57 AM but the orginal email wasn't even written until 4:28 PM. How could there have been an imminent threat before the threat was written?

Well, how do i put this. It still doesn't make any sense. Are you saying you did not write it? Are you saying you did not send it? Or are you saying you wrote it, sent it to someone else/private list and from there it was forwarded to the recepient, the subject of the email?

As for the complaint and the email -- typos happen.

Again, you need to be clearer in your answer.

making an arrest

I wrote it and sent it to a private list that the person I was refferring to is not a member of. It was forwarded to him by someone unknown to me and without my consent.

When the person recieved the email from the person who forwarded it to them they removed the original headers on the document. The complaint was filed March 13 at 10:57 AM but the original email was not even written until 4:28 PM. how could he have perceived a threat before it was written or sent to him?

Where was the imminent threat to this person if there was almost a 30 day wait before an arrest warrant was issued?

I don't know. Unless it was an inside job done to set you up.

Have you thought about getting an attorney? http://www.attorneypages.com

lawrat,

You just don;t know how right you are. Been there, done that, hired an atty.

My question would be how are the time factors for sending the e-mail verified? If you kept a copy sent to this private list and is the time stamp on your pc correct? Or is the time verified by the forwarded e-mail and is this person's computer time stamp correct and/or coinciding with the current time for that geographical area?

Funny you should ask.

The complaint was filed at 10:57 AM. The e-mail was not even written until 4:28 PM.

Ironically, the list server also houses an archive which clearly shows he could not have felt a threat at the time he alleged it occured in a sworn statement. The police also say they were called to that residence at 10:57 but neglected to mark AM or PM.

Sounds like you have found the answer to the time problem... a typo.

The question I have about this whole thing is:
If I tell someone I want to kill someone else and they in turn tell them, isn't that "hear say"? So, if I email someting to someone and they pass it on, isn't that hear say also? (As a person could change anything in the email)

You said they removed the heading...

Xlldpo
(NOT a Lawyer)

Re: Making an Arrest

There were no typos in the e-mail. (Spell checker takes care of that automatically). We are in the same time zone, and within a few miles of each other.

The complaint was filed at 10:57 AM. The e-mail was written at 4:28 PM the same day. How could he have perceived a threat before it was written? He removed the headers of the person who forwarded the email to him.

When the police arrived (they say at 10:57)they took the complaint on an e-mail that had not even been written yet.

This occurred in March. Where was the imminent threat if they waited until Friday the 13th of April to secure a warrant?

Most warrants are served during daylight hours also (for many reasons) among them officer saftey. They waited until 8:30 PM on a Friday night almost 30 days later, hoping I could not make bond and would sit in jail over the weekend.

Inside job......you bet.