False arrest?

[Jomo1]

What is the name of your state? NY (but the purchase was done in PA)

I purchased a reel to reel tape deck from a shop in Manheim, PA. The owner, after trying to repair a problem with the deck twice, refused to communicate with me when I tried calling to inform him that the deck is still not working. After calling him 8 times in Feb, 2023, I filed for a chargeback for $750 a few weeks later.

The store keeper went to the police station where he filed a criminal complaint against me stating that I bought the tape deck and then I filed for a chargeback. I was charged criminally with some form of theft.

The store owner did not say anything untrue to the officer that took his complaint but clearly did leave out details that probably would have caused the officer to not file the charges against me.

Is this is considered filing a false police report on the part of the store owner? I informed the officer who took the complaint that the store owner refused to repair the tape deck that I had to have it repaired elsewhere and that is why I did the chargeback. The police officer didn't investigate that part at all. Is this officer also guilty of having me falsely arrested?

I already went to small claims court regarding the store owner not fixing the tape deck and won. The judge must have been extremely angry at the store owner as I received a judgment that seemed high to me. No complaints here.

I have an upcoming small claims court hearing against this store owner for false arrest. I'll report back how that goes.

Below is my real question. After my last small claims hearing I went directly to the Manheim Police Department to file a criminal case against the store owner for filing a false report. Let's just say that didn't go so well. I was basically told to leave now. I informed the officer barking that command at me that he is a tyrant, that he works for me and that he should stop yelling at me. I told him that this building was mine and I'll leave when I'm ready to leave not when he tells me to leave. The officer walked away, I stayed for another minute and then I left.

I am trying to fill out a form (Pennsylvania) called Private Criminal Complaint.
In the form I need to fill out:
All of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of (section)_______ and (Subsection)__________ of the (PA Statute) __________
Here is a link to that form

I looked online and just can't find/ not sure if I found what should be in the blank spaces above. If someone can help me that would be amazing.

Thanks,
Jomo

 

[doucar]

what was the result of the criminal case against you, as that may determine what route you should take.

 

[Jomo1]

what was the result of the criminal case against you, as that may determine what route you should take.

That is an excellent question!
The district attorney was only willing to drop the charges if I paid back the store owner the $750. I agreed and the charges were dropped/dismissed(??)

 

[quincy]

What is the name of your state? NY (but the purchase was done in PA)

I purchased a reel to reel tape deck from a shop in Manheim, PA. The owner, after trying to repair a problem with the deck twice, refused to communicate with me when I tried calling to inform him that the deck is still working. After calling him 8 times in Feb, 2023, I filed for a chargeback for $750 a few weeks later.
The store keeper went to the police station where he filed a criminal complaint against me stating that I bought the tape deck and then I filed for a chargeback. I was charged criminally with some form of theft.

The store owner did not say anything untrue to the officer that took his complaint but clearly did leave out details that probably would have caused the officer to not file the charges against me.

Is this is considered false arrest on the part of the store owner? I informed the officer who took the complaint that the store owner refused to repair the tape deck that I had to have it repaired elsewhere and that is why I did the chargeback. The police officer didn't investigate that part at all. Is this officer also guilty of having me falsely arrested?

I already went to small claims court regarding the store owner not fixing the tape deck and won. The judge must have been extremely angry at the store owner as I received a judgment that seemed high to me. No complaints here.

I have an upcoming small claims court hearing against this store owner for false arrest. I'll report back how that goes.

Below is my real question. After my last small claims hearing I went directly to the Manheim Police Department to file a criminal case against the store owner for filing a false report. Let's just say that didn't go so well. I was basically told to leave now. I informed the officer barking that command at me that he is a tyrant, that he works for me and that he should stop yelling at me. I told him that this building was mine and I'll leave when I'm ready to leave not when he tells me to leave. The officer walked away, I stayed for another minute and then I left.

I am trying to fill out a form (Pennsylvania) called Private Criminal Complaint.
In the form I need to fill out:
All of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of (section)_______ and (Subsection)__________ of the (PA Statute) __________
Here is a link to that form

I looked online and just can't find/ not sure if I found what should be in the blank spaces above. If someone can help me that would be amazing.

Thanks,
Jomo

Under the Pennsylvania law cited in your other thread, there was no false arrest. You could be charged under that law with misdemeanor theft, for not fully paying the store owner for the tape deck that you kept in your possession. The theft charge was dismissed when you agreed to pay the store owner the $750 still owing on your purchase.

How much did the court award you in your civil suit? The $300 to cover the cost of the repair of the tape deck?

Here is a link to your other thread:

https://forum.freeadvice.com/threads/arrest-warrant-for-chargeback.663132/

 

[Jomo1]

Under the Pennsylvania law cited in your other thread, there was no false arrest. You could be charged under that law with misdemeanor theft, for not fully paying the store owner for the tape deck that you kept in your possession.

How much did the court award you in your civil suit?

Here is a link to your other thread:

https://forum.freeadvice.com/threads/arrest-warrant-for-chargeback.663132/

Surprisingly the judgment was for a little over $1800 (plus court costs). I too don't get it.

 

[Jomo1]

Surprisingly the judgment was for a little over $1800 (plus court costs). I too don't get it.
I just edit my original post. I meant to write, did the store owner file a false police report to the police.
I did mention on the other thread that I will be starting a new thread.

 

[quincy]

Surprisingly the judgment was for a little over $1800 (plus court costs). I too don't get it.

I don’t get it either. The $1800 figure is odd.

 

[stealth2]

What false arrest? Via the chargeback of the purchase (not the (non)repairs), you ended up with a free tape deck. Otherwise known as... theft. So that dog's not going anywhere.

How much did you end up paying to have the tape deck actually repaired - the small claims judge likely figured that into his award, as well.

 

[Bali Hai Again]

Is this is considered filing a false police report on the part of the store owner? I informed the officer who took the complaint that the store owner refused to repair the tape deck that I had to have it repaired elsewhere and that is why I did the chargeback. The police officer didn't investigate that part at all. Is this officer also guilty of having me falsely arrested?

What was false about the police report? The officer is guilty of being stupid. You can’t get intelligence out of two stupid people (three people including the judge who signed the arrest warrant). The store owner must be livid. I hope so!

 

[Zigner]

After my last small claims hearing I went directly to the Manheim Police Department to file a criminal case against the store owner for filing a false report. Let's just say that didn't go so well. I was basically told to leave now. I informed the officer barking that command at me that he is a tyrant, that he works for me and that he should stop yelling at me. I told him that this building was mine and I'll leave when I'm ready to leave not when he tells me to leave. The officer walked away, I stayed for another minute and then I left.

That was an absolutely moronic response to having been told to leave the police station.

 

[quincy]

What is the name of your state? NY (but the purchase was done in PA)
... I was charged criminally with some form of theft.

... The store owner did not say anything untrue to the officer that took his complaint but clearly did leave out details that probably would have caused the officer to not file the charges against me.

... Is this is considered filing a false police report on the part of the store owner? ... Is this officer also guilty of having me falsely arrested?

While I think the store owner was probably wrong in reporting the dispute over the tape deck to the police, and although I think the police charging you for theft under that Pennsylvania statute was odd and could have been a bit of a stretch, and issuing an arrest warrant also seemed odd - especially since the whole matter was basically a contract dispute between you and the store owner - all of what you have described seems outside the range of normal, including the award in court of $1800 for a $2500 tape deck that you were able to repair for $300.

What I don’t see, however, is a false arrest. You say yourself that the store owner did not say anything untrue, and the chargeback for $750 did mean you did not pay in full for the product you purchased. You owed the store owner money. The store owner did not file a false complaint.

I could have seen you being awarded $300 plus costs in your civil suit. You had good reason for seeking that amount from the store. Other than that, I am lost as to what is happening in Manheim.

 

[Jomo1]

What false arrest? Via the chargeback of the purchase (not the (non)repairs), you ended up with a free tape deck. Otherwise known as... theft. So that dog's not going anywhere.

How much did you end up paying to have the tape deck actually repaired - the small claims judge likely figured that into his award, as well.

I wanted to know if the store owner was guilty of filing a false police report by not informing the police officer who was taking the complaint that he refused to repair the tape deck.

 

[Jomo1]

Is this is considered filing a false police report on the part of the store owner? I informed the officer who took the complaint that the store owner refused to repair the tape deck that I had to have it repaired elsewhere and that is why I did the chargeback. The police officer didn't investigate that part at all. Is this officer also guilty of having me falsely arrested?

What was false about the police report? The officer is guilty of being stupid. You can’t get intelligence out of two stupid people (three people including the judge who signed the arrest warrant). The store owner must be livid. I hope so!

That is my question--if one leaves out information that would have made the police not to submit a complaint to the DA's office (I think that is how it goes) is that filing a false police report??

 

[Jomo1]

What I don’t see, however, is a false arrest. You say yourself that the store owner did not say anything untrue, and the chargeback for $750 did mean you did not pay in full for the product you purchased. You owed the store owner money. The store owner did not file a false complaint.

Yes, the store owner didn't lie to the police officer taking the complaint. However left out an important detail--he didn't say that he refused to repair the tape deck.
My question is if one leaves out information that would have made the police not to submit a complaint to the DA's office (I think that is how it goes) is that filing a false police report??

 

[zddoodah]

Is this is considered filing a false police report on the part of the store owner?

Considered by whom? You said yourself that nothing in the report was untrue. Your belief that additional facts that were not reported might have caused the police to act differently is nothing but speculation.

I informed the officer who took the complaint that the store owner refused to repair the tape deck that I had to have it repaired elsewhere and that is why I did the chargeback. The police officer didn't investigate that part at all. Is this officer also guilty of having me falsely arrested?

One detail that YOU left out of your post is whether you were actually arrested. Perhaps we're supposed to assume that you were, but you only told us that you were charged. I have a hard time believing you were actually arrested over something like this. Were you, in fact, arrested? Obviously, if you were, you have been released on bail or on your own recognizance. What is the status of the criminal case?

I have an upcoming small claims court hearing against this store owner for false arrest.

The store owner obviously didn't arrest you, so this makes no sense. Also, why wasn't this part of the previous small claims action?

I informed the officer barking that command at me that ... he works for me

Oh FFS....

It's not clear what the current status of the situation is, but it sounds like you have the tape deck and also a judgment against the seller. No apparent crime was committed by anyone, so I don't know what you're seeking to accomplish, but it's probably time to move on with your life.