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The local police would likely not have a clue as to what any criminal code section for this might be under the ADA, nor would they know how to file the matter in Federal Court. In your case, the police responded to a complaint of a violation of state or local law. State and local law, they...
PC 243(a) is the penalty section for misdemeanor battery per PC 242.
While the law does not specifically permit battery against someone refusing to leave their property when requested, there may be articulated circumstances that might provide some measure of justification. He may be claiming...
It is likely that the store owners asked to have you arrested. Under California Penal Code 837, if a party wishes to make a private person's arrest, an officer has to accept the arrest. In this case, since battery is a misdemeanor pursuant to PC 242, you were issued a notice to appear for the...
Since it's California, I'll lay odds that it's 1 in 10 that something will be done. But, these odds can change if the texter is local or known to local cops.
While information regarding complainants making reports to CPS are supposed to be confidential, there are many circumstances where the nature of the complaint makes it clear who made the report once the agency inquires with the alleged suspect. There are also accidental disclosures, and even...
Maybe. The question is less about whether it is possible, but whether it is something they'd be interested in.
Report it to the police and they can decide.
In truth, I doubt they will expend the resources to do much with it. Although, if the name and/or number of the seller is local and someone they are familiar with, then MAYBE they might be interested. While this is a potential felony, drug offenses are not given high priority these days in CA...
If you are telling the truth here and you did NOT call CPS, then clearly the info your ex has related to you is bogus. As Just Blue points out, it seems that your ex is bluffing.
Yes. As I believe I posted in the other thread, the only reason I can foresee that the vehicle was not sold at a lien sale after 30 days is that the OP filed some sort of challenge and thus froze its status. I believe that action is referred to in the original thread, if memory serves. As a...
The question: "Are police policies public record, specifically rules, guidlines, proceedures, policies, etc. for conducting impound hearings?"
In California, the answer is: Generally, yes. The policy manual IS a public record subject to disclosure. There are exceptions for policies that...
I'm curious about the recording, sure.
Though, I am questioning whether this might rise to the level of a 1983 action as a result of seizing your property. In the cases I have seen and been privy to, they often key on due process violations and if you have not availed yourself of all the...
Nope. Maybe if someone is spreading libelous or slanderous rumors all over, but merely reporting and/or investigating a crime? No.
Just WHERE did you get THAT idea?! Also not true.
Also not true. Prevailing at trial would not necessarily mean you are innocent or that the report, arrest and...
Wow ... so ... WHO is behaving as the petulant child?
I'm sorry that my explanation somehow offended your fantastical notion of how the laws of arrest work and where liability might lay.
Unfortunately, as resources have dropped off precipitously, agencies here have had to cease a great number of services - reports for non-injury collisions, traffic enforcement, on-line reporting for thefts and burglaries without suspect info, etc. In the larger cities, you may not see a sworn...
If they arrest you after the fact, it's going to be because a warrant was issued. If arrested on a warrant, good luck in any lawsuit. And questioning suspects is what the police do. Nothing you mention here seems to be untoward so I do not know what in the world you'd sue anyone for.
Keep in...
In CA he would not have been required to take a report, and since he was likely CHP, their practice is to NOT take non-injury collisions absent certain extraordinary circumstances. So long as the parties had requisite paperwork and were not impaired, they wouldn't usually take the report - they...
If this occurred on Hwy 101, then the officer that responded would have been CHP. In CA law enforcement is not required to take non-injury collision reports absent some very specific circumstances, and most agencies - including the CHP - will not. Some policies outright prohibit it as it would...
Okay, I assumed that might be what you were using as the cause, but sometimes people focus on the wrong thing. In this case, the cause for the stop is not the issue, but the impound of the car seems to be weak, at best. But, the fact that you failed to utilize all the legal avenues available...
It was likely dismissed because the officer erred in issuing a citation for VC 16028(a) without also issuing you a cite for an underlying offense. Don't red too much into that dismissal.
Did you request a post-storage hearing? You say you inquired, but that you were referred back to the...
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