Wrongful Warrent

[MarkAndrew]

What is the name of your state (only U.S. law)? Arizona

Okay, so I have an interesting one for you guys. About 2 months ago my roommate and I were just sitting in the apartment peacefully when we noticed a strange orange light coming from the window. We went to investigate and his truck was on fire. We still do not know the cause. Anyways, police and fire department show up and do there job terribly, but that is irrelevant. Everyone in the apartments got evacuated, but the police never entered our place since we were already outside. After the fire was out the firefighters went in to scan the walls with what I assume was a thermometer. I have no idea what they were doing. They ended up telling the police it smelled like weed. Long story short we got charged with paraphernalia and let us continue with our night. They called it a "site and go" or something like that, but that's not what this is about. I can give a **** less about that charge, but I had to give this context for what comes next.

A few days ago my roommate got picked up on a warrant for "fleeing the scene" that night. I am beyond pissed that they would do this. Obviously that was not the case. He was literally sitting there crying his eyes out because he had been working on that truck for years and it meant so much to him. I am sending a letter to ACLU and potentially filing a complaint against the police officer who filed the charges, but I don't know for sure if that's the right thing to do or how to go about the situation. So I was wondering what kind of power we have to fight back against this and I do not mean to get the charges dropped, which I am sure they will. I mean to get this police officer in trouble. It was filed by the cop who really did not like my roommate and said if we did not consent to search they would get a warrant in the next 30 minutes and take us to jail. She was extremely rude to my friend (who is black go figure) and extremely nice to me. It appears she is the one who filed the charges and I want to take action in any way possible. I am ready to spend however much money it takes to rectify this situation. I just do not know where to start or what the process will be. Side note: we have a video of us standing there while the fire department put out the fire just in case that is relevant.

Thanks,
Mark

 

[Zigner]

What is the name of your state (only U.S. law)? Arizona

Okay, so I have an interesting one for you guys. About 2 months ago my roommate and I were just sitting in the apartment peacefully when we noticed a strange orange light coming from the window. We went to investigate and his truck was on fire. We still do not know the cause. Anyways, police and fire department show up and do there job terribly, but that is irrelevant. Everyone in the apartments got evacuated, but the police never entered our place since we were already outside. After the fire was out the firefighters went in to scan the walls with what I assume was a thermometer. I have no idea what they were doing. They ended up telling the police it smelled like weed. Long story short we got charged with paraphernalia and let us continue with our night. They called it a "site and go" or something like that, but that's not what this is about. I can give a **** less about that charge, but I had to give this context for what comes next.

A few days ago my roommate got picked up on a warrant for "fleeing the scene" that night. I am beyond pissed that they would do this. Obviously that was not the case. He was literally sitting there crying his eyes out because he had been working on that truck for years and it meant so much to him. I am sending a letter to ACLU and potentially filing a complaint against the police officer who filed the charges, but I don't know for sure if that's the right thing to do or how to go about the situation. So I was wondering what kind of power we have to fight back against this and I do not mean to get the charges dropped, which I am sure they will. I mean to get this police officer in trouble. It was filed by the cop who really did not like my roommate and said if we did not consent to search they would get a warrant in the next 30 minutes and take us to jail. She was extremely rude to my friend (who is black go figure) and extremely nice to me. It appears she is the one who filed the charges and I want to take action in any way possible. I am ready to spend however much money it takes to rectify this situation. I just do not know where to start or what the process will be. Side note: we have a video of us standing there while the fire department put out the fire just in case that is relevant.

Thanks,
Mark

On what basis would you file a complaint against the officer for your friend being charged? If you are truly "... ready to spend however much money it takes to rectify this situation", then use that money to buy your friend a replacement truck, otherwise, you're just blowing smoke.

 

[quincy]

What is the name of your state (only U.S. law)? Arizona

Okay, so I have an interesting one for you guys. About 2 months ago my roommate and I were just sitting in the apartment peacefully when we noticed a strange orange light coming from the window. We went to investigate and his truck was on fire. We still do not know the cause. Anyways, police and fire department show up and do there job terribly, but that is irrelevant. Everyone in the apartments got evacuated, but the police never entered our place since we were already outside. After the fire was out the firefighters went in to scan the walls with what I assume was a thermometer. I have no idea what they were doing. They ended up telling the police it smelled like weed. Long story short we got charged with paraphernalia and let us continue with our night. They called it a "site and go" or something like that, but that's not what this is about. I can give a **** less about that charge, but I had to give this context for what comes next.

A few days ago my roommate got picked up on a warrant for "fleeing the scene" that night. I am beyond pissed that they would do this. Obviously that was not the case. He was literally sitting there crying his eyes out because he had been working on that truck for years and it meant so much to him. I am sending a letter to ACLU and potentially filing a complaint against the police officer who filed the charges, but I don't know for sure if that's the right thing to do or how to go about the situation. So I was wondering what kind of power we have to fight back against this and I do not mean to get the charges dropped, which I am sure they will. I mean to get this police officer in trouble. It was filed by the cop who really did not like my roommate and said if we did not consent to search they would get a warrant in the next 30 minutes and take us to jail. She was extremely rude to my friend (who is black go figure) and extremely nice to me. It appears she is the one who filed the charges and I want to take action in any way possible. I am ready to spend however much money it takes to rectify this situation. I just do not know where to start or what the process will be. Side note: we have a video of us standing there while the fire department put out the fire just in case that is relevant.

Thanks,
Mark

Your friend can file a complaint with the police officer's department if he felt he was treated unfairly.

I see nothing in what you say that would be of any interest to the ACLU.

 

[MarkAndrew]

So the police are aloud to press charges and issue warrants for no reason, whenever they want? Is that what I am understanding here? Our system is unbelievable.

 

[quincy]

So the police are aloud to press charges and issue warrants for no reason, whenever they want? Is that what I am understanding here? Our system is unbelievable.

The police cannot go around arresting and charging people just for the heck of it, no. They must be able to justify their actions.

I am still not seeing anything in what you write that would interest the ACLU in your friend's story. He can speak to an attorney in his area if he feels differently.

 

[FlyingRon]

Police do not issue warrants. In order to get a warrant, someone (usually the police but it also could be the prosecutor) goes to a judge or magistrate and shows probable cause as to why the warrant should be issued. Unless there is something incredibly fradulent with the process, the "warrant" is not wrongful. Just becaues the person didn't do what he was charged for doesn't make the warrant "wrongful."

If he's been charged, he needs to get a lawyer.
If he thinks the police have acted improperly, he can make a complaint with the department. If he needs to go further than that, again it will take a lawyer.

I'm not seeing any civil liberties issue either. The statement of other witnesses (fireman) is sufficient to support probable cause.