Georgia:
Need opinions..
My mother and father both co-own their property 50%-50% through a divorce agreement. I have my mothers permission to go to the property when I choose and have a key to the residence.
I was there one evening and my father came home. He did not want me there and told me if I did not leave he is going to call the sheriffs office. He told me that because my mother doesnt currently stay at the residence, her 50% jurisdiction of the property does not apply and allow me to be there.
I have read the divorce agreement. There is one section that states they must give each other 24 hours notice before returning to the residence.
So my fathers calls the sheriff. A deputy arrives. He as well as my father come into the room I am in. I explain to the deputy why my father called the sheriffs office and tell him through my parents divorce, with my mothers permission, I have the right to be there (explained they both co-own the property.)
The deputy asks me where my residence is. I tell him the address on my license is the property's address (although most of my days and nights for the past couple of months were spent at another address in South Carolina.) He then ask me where most of my property is. I tell him it is split half and half between SC and Georgia (the residence my parents both own. He asks to see my I.D. I refuse to give it to him. He threatens to " take me to jail " for not providing it. I ask for his consent to an audio and video recording. As I am preparing the phone he grabs me out the chair. I do not resist. I ask him if I am under arrest. He says yes "for obstruction and trespassing."
24 hours after I am taken to the county jail the deputy comes with a warrant and says he can get me out tonight if i "play ball with him". I ask the deputy to see the warrant and read it. As i begin to read the warrant he snatches the warrant away, gets angry/upset and leaves.
Under Georgia law I do not have to provide I.D. unless the deputy has "reasonable suspicion that I have or am about to commit a crime."
Need opinions..
My mother and father both co-own their property 50%-50% through a divorce agreement. I have my mothers permission to go to the property when I choose and have a key to the residence.
I was there one evening and my father came home. He did not want me there and told me if I did not leave he is going to call the sheriffs office. He told me that because my mother doesnt currently stay at the residence, her 50% jurisdiction of the property does not apply and allow me to be there.
I have read the divorce agreement. There is one section that states they must give each other 24 hours notice before returning to the residence.
So my fathers calls the sheriff. A deputy arrives. He as well as my father come into the room I am in. I explain to the deputy why my father called the sheriffs office and tell him through my parents divorce, with my mothers permission, I have the right to be there (explained they both co-own the property.)
The deputy asks me where my residence is. I tell him the address on my license is the property's address (although most of my days and nights for the past couple of months were spent at another address in South Carolina.) He then ask me where most of my property is. I tell him it is split half and half between SC and Georgia (the residence my parents both own. He asks to see my I.D. I refuse to give it to him. He threatens to " take me to jail " for not providing it. I ask for his consent to an audio and video recording. As I am preparing the phone he grabs me out the chair. I do not resist. I ask him if I am under arrest. He says yes "for obstruction and trespassing."
24 hours after I am taken to the county jail the deputy comes with a warrant and says he can get me out tonight if i "play ball with him". I ask the deputy to see the warrant and read it. As i begin to read the warrant he snatches the warrant away, gets angry/upset and leaves.
Under Georgia law I do not have to provide I.D. unless the deputy has "reasonable suspicion that I have or am about to commit a crime."