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  1. #21
    TXCharlie's Avatar
    TXCharlie is offline Former & Future Reserve Officer
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    Also, they did him a favor sending him that letter - Now on a job application for a sensitive job, if it asks him if he's ever been arrested he can honestly say "no" (assuming this was the first).

    Then if there's any question brought up about it in a background check, he can show them the letter to prove he wasn't lying - I'd sure keep that letter, forever!

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  2. #22
    CT209's Avatar
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    Quote Originally Posted by mavriktu View Post
    Yeah,the hardest part about un-arresting is the backward reading of that damn Miranda card.
    I have problems with parts 2 and 4:

    .eno hsiw uoy fi ,gninoitseuq yna erofeb uoy tneserper ot detnioppa eb lliw eno ,reywal a erih ot droffa tonnac uoy fI. .4

    .denoitseuq gnieb era uoy elihw uoy htiw tneserp mih evah dna reywer a ot klat ot thgir eht evah uoY .3

    .wal fo truoc a ni uoy tsniaga desu eb lliw dna nac yas uoy gnihtynA .2

    .tnelis niamer ot thgir eht evah uoy .1
    "When a crime is committed, liberals blame society. Conservatives blame the criminal." -Debra Saunders

    Old Scottish Motto- "nemo me impune laccessit". It still holds true today.

  3. #23
    conalabu is offline Grasshopper
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    Quote Originally Posted by CT209 View Post
    I have problems with parts 2 and 4:

    .eno hsiw uoy fi ,gninoitseuq yna erofeb uoy tneserper ot detnioppa eb lliw eno ,reywal a erih ot droffa tonnac uoy fI. .4

    .denoitseuq gnieb era uoy elihw uoy htiw tneserp mih evah dna reywer a ot klat ot thgir eht evah uoY .3

    .wal fo truoc a ni uoy tsniaga desu eb lliw dna nac yas uoy gnihtynA .2

    .tnelis niamer ot thgir eht evah uoy .1

    My eyes just crossed. And I am getting nausceous.
    And Shepards we shall be,
    for thee, My Lord, for thee,
    Power hath descended forth from Thy hand,
    That our feet may swiftly carry out Thy Command.
    So we shall flow a river forth to Thee
    And teeming with souls will it ever be.
    In Nomine Patris, Et Filli, Et Spiritus Sancti.

  4. #24
    Ducky's Avatar
    Ducky is offline Enforcer General
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    You misspelled 'lawyer' in #3.

    *pick pick pick*
    \\
    ` ` ` ` < ` )___/\
    `` ` ` ` (3--(____)
    "...but to forget your duck, of course, means you're really screwed." - Gary Larson
    http://www.youtube.com/watch?v=MtN1YnoL46Q


  5. #25
    gozling's Avatar
    gozling is offline the gene pool could use a little chlorine
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    Quote Originally Posted by mavriktu View Post
    Yeah,the hardest part about un-arresting is the backward reading of that damn Miranda card.
    just the image of that...

    that is a good one to tell my PPO when we un arrest someone... wonder if he/she would really try to do it!!! LMAO great prank idea
    http://www.allpoetry.com/Grunts%20Girl

    We dallied under
    Vine maples and sapling alders
    Searched for lady slippers
    But instead
    Found blackberry riots and
    Desiccated branches

    An old skid road
    Brought ghost ferns and
    Hollows filled with
    Skunk cabbage
    While waves wrapped
    Intricate lacings of weeds
    'Round mule spinners

    His cyanotic eyes
    Were hard enough to make
    The sun turn tail and
    Tender enough to attract me
    To his world of illusion

  6. #26
    me again's Avatar
    me again is offline Is it pronounced whore, ho or whoooaaa?
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    Quote Originally Posted by hughb View Post
    Hi everybody, I found this site a few days ago from the tagline in an officers sig on another board. I tried to register there because they have a local area forum and I wanted to ask some of the San Diego police about this. But I was never authorized to post on that board.

    I was in a bar on May 31 that was raided by the police. There were dope dealers hanging out in the bus stop in front of the bar, I think that was the main reason for the raid. As they are checking everybody's ID in the bar, my name came back with an arrest warrant in San Francisco CA. I have no warrants and I haven't been to San Fran in twenty years, so I know it's not me. The arresting officer even asked me if I had any warrants or if I had been to San Francisco. Anyway, he arrests me. I go into the paddy wagon with the dope dealers for a ride to the police station. I was never booked into jail, I was released from the police station a few minutes after I arrived there. I did not even come close to matching the description of the person on the warrant.

    I got a letter a few days later from the SDPD stating that I had been detained, as in not arrested. I had always thought, (and maybe I watch too much NYPD Blue), that a person who is "detained" is actually free to go if he wants, it's only when you are under arrest that you can not leave. Is that right? Obviously, I was not free to leave while handcuffed in a paddy wagon.

    Also, why did they bother taking the time to put me in the paddy wagon for a trip to the police station when they probably had the description of the person on the warrant already? It would have saved them time, and my time too. Fortunately this took place in downtown, so I did not have far to walk to get back to where I was. If this had taken place far from the police station I would have been very inconvenienced to get back where I was as they would not have transported me back.

    BTW, my doppleganger's warrant was a no-bail warrant. He must be a murderer or an escape artist.
    If everything you wrote is true... and if no other new facts are introduced... then yes, you were arrested. You could sue for false arrest or neglegence, but if the actions of the officer weren't malicious, then you probably wouldn't get much money out of the civil court system.

  7. #27
    HudsonHawk's Avatar
    HudsonHawk is offline Moderator
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    Quote Originally Posted by Ducky View Post
    You misspelled 'lawyer' in #3.

    *pick pick pick*
    Oh jeez. Now the unarrest isn't valid. I smell a lawsuit coming. I hope you were wearing your hat!
    "never bring paws to a gunfight" - Jenna

  8. #28
    phantasm is offline Corporal
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    With a warrant hit on your name/dob, the officer acted properly by bringing you to the precinct for investigative purposes to verify the warrant. When it was determined that it was not you, you were released. You don't have a civil case.

    NYPD has nothing more than a warrant #, name, DOB, aliases, etc. No pictures.

  9. #29
    HudsonHawk's Avatar
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    Quote Originally Posted by me again View Post
    If everything you wrote is true... and if no other new facts are introduced... then yes, you were arrested. You could sue for false arrest or neglegence, but if the actions of the officer weren't malicious, then you probably wouldn't get much money out of the civil court system.
    If a police officer has reason to believe that a crime has been committed, or that a person is wanted, that person MAY be detained and is NOT free to leave. If I have to drive the person to the complaintant for a show-up, drive the complaintant to the suspect or transport the suspect to the precinct for further investigation then so be it.

    FACTS: The poster admits there is a warrant in his name and he is from the issuing jurisdiction.

    Without further information it is reasonable to transport the suspect back to the station where further information can be received such as a mugshot of the offender. Scars, marks, tattoos - or any other information that the dispatcher did not have access to. After investigation the suspect (hughb) was released.

    There is no indication that the police did anything improper or illegal. There is NO civil case. I'm suprised that anyone, especially a "Verified LEO" would indicate to the poster that he should sue the police dept!
    "never bring paws to a gunfight" - Jenna

  10. #30
    CT209's Avatar
    CT209 is offline Once..... Forever
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    Quote Originally Posted by Ducky View Post

    You misspelled 'lawyer' in #3.

    *pick pick pick*
    So, I guess if I use that to unarrest someone, when they don't go to court, they could use that against me as an improper procedure which would negate the unarrest?

    Or, would they have to go to court since I didn't legally unarrest them?

    And, if they didn't go to court, would they get hit with an un-FTA?

    "When a crime is committed, liberals blame society. Conservatives blame the criminal." -Debra Saunders

    Old Scottish Motto- "nemo me impune laccessit". It still holds true today.

  11. #31
    hughb is offline Civilian
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    Thanks to everybody for the replies still coming.

    I was definitely improperly unarrested, no hat was worn. If Johnnie Cochran wasn't dead or Stephen Yagman in jail I would have a multimillion dollar lawsuit for sure.

    I described the situation as accurately as I could, I left out some details because I didn't want to cause a distraction from the main topic.

    But to clear up a couple of things I may not have been clear about, I am not from the jurisdiction of the originating warrant. The warrant was from San Francisco, I am in San Diego. The person on the warrant is 5' 7", I am a little over 6' 1". The person on the warrant also has a middle initial, and I don't. I was never told his DOB, but I doubt if it matched mine.

    I don't think Me Again is advising me to sue the police dept, he was just saying based on the info I gave here I could possibly have a case. I have no plans to sue the SDPD, I love our police here. Some of you guys have probably heard about the high profile cases they handled that made the national news such as David Westerfield and Scott Peterson, they did great police work in both of those cases.

    My only real gripe, now that I've had time to calm down from the whole experience, is the one officer there who was making fun of me as I was arrested. Am I really going to complain about that though? No, I think it would be a waste of time. I was treated professionaly by the arresting officer. The other officer who bagged up my possesions even seemed sympathetic, what kind of hard luck guy am I to have the same name as a wanted criminal.

    I've talked to friends and acquaintences about it and they all say the same thing, I have a case, I should write my congressman, I should write the mayor, I should fill out a complaint. But I think the consensus that I get here from actual cops on this board is right, nothing wrong really happened here. I do believe, however, that it may not have been necessary to detain me and that's the point of my posting here to begin with.

    BTW, any CHP officers here? I bet you guys are working non stop on a holiday that begins in the middle of the week.

  12. #32
    hughb is offline Civilian
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    Hmmm, it still says rookie under my name. I tried to change it to "not a LEO" since rookie implies I am a police officer. I edited it in my control panel but it didn't stick. Any ideas?

  13. #33
    bayern's Avatar
    bayern is offline Officer First Class
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    I had always thought, (and maybe I watch too much NYPD Blue), that a person who is "detained" is actually free to go if he wants, it's only when you are under arrest that you can not leave. Is that right? Obviously, I was not free to leave while handcuffed in a paddy wagon.
    ============================== ===========================

    If you get your knkowledge of the law from watchng NYPD Blue, I guess you get your family values from watching "Married with children."

  14. #34
    Ianl6's Avatar
    Ianl6 is offline Dreamboy First Class
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    Hugh B.

    You can tell on this forum if the people you ask the question of know what they are talking about by looking at the top right hand side of the post it tells who is a verified police officer.These guys would not lie to you they just tell it as it is.
    Public conscience message board
    post on a board with a heart.

    http://dreamboyuk52.proboards60.com/index.cgi

  15. #35
    Willowdared's Avatar
    Willowdared is offline Bendy not Breaky
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    Was it really a "raid?" Did they lock the doors, turn up the lights, and shout "this is a raid!"

    I'm guessing it was an underage enforcement detail. There's been a chronic problem in San Diego county with bars serving minors.

    Warrants can be issued without the person being in the court, so the physical details on a warrant can be inaccurate. Fortunately, the officer can look it up at the station, and find a photo of the person (hopefully there is a photo in the system) and verify identity that way. The next step may be via fingerprints.

    Lucky for you we live in a day of modern technology, and you were released right away. In the good old days, you may have spent months in jail trying to sort it all out.

    My former Mother-in-Law found herself in a sticky position once, all related to a ticket issued to a person who shared her name. They put a hold on her vehicle registration until it was cleared up, but the DMV was being stubborn about clearing it up.

    My MOL is 4'9" white woman in her 70's, who was getting a mastectomy on the day in question. In San Diego county.

    The ticket was issued to a black woman in her 40's - in Los Angeles.

    They tied the two together by searching for a name given by the woman pulled over, and came up with my MOL's driver's license number.

    It finally took a call to Marti Emerald (local consumer reporter) and it all got fixed!
    Molly Weasley makes Chuck Norris eat his vegetables.

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  16. #36
    gozling's Avatar
    gozling is offline the gene pool could use a little chlorine
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    hugh....
    did you ever get a clearance letter?
    if you didnt find out how to get one and carry it with you.

    When I get a hit on someone for a warrant and then it says to take them to headquarters for varification sometimes they are the victim of an identity theft and get issued a clearance letter that way the next time an officer runs you it is clear that the warrant was already varified as it not being you and its someone else.
    Not sure if that is available anyplace else but was just a thought so you wouldnt have to go through it all again.
    just a thought.
    http://www.allpoetry.com/Grunts%20Girl

    We dallied under
    Vine maples and sapling alders
    Searched for lady slippers
    But instead
    Found blackberry riots and
    Desiccated branches

    An old skid road
    Brought ghost ferns and
    Hollows filled with
    Skunk cabbage
    While waves wrapped
    Intricate lacings of weeds
    'Round mule spinners

    His cyanotic eyes
    Were hard enough to make
    The sun turn tail and
    Tender enough to attract me
    To his world of illusion

  17. #37
    hughb is offline Civilian
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    Quote Originally Posted by PDawg View Post
    Was it really a "raid?" Did they lock the doors, turn up the lights, and shout "this is a raid!"

    I'm guessing it was an underage enforcement detail. There's been a chronic problem in San Diego county with bars serving minors.

    Warrants can be issued without the person being in the court, so the physical details on a warrant can be inaccurate. Fortunately, the officer can look it up at the station, and find a photo of the person (hopefully there is a photo in the system) and verify identity that way. The next step may be via fingerprints.

    Lucky for you we live in a day of modern technology, and you were released right away. In the good old days, you may have spent months in jail trying to sort it all out.

    My former Mother-in-Law found herself in a sticky position once, all related to a ticket issued to a person who shared her name. They put a hold on her vehicle registration until it was cleared up, but the DMV was being stubborn about clearing it up.

    My MOL is 4'9" white woman in her 70's, who was getting a mastectomy on the day in question. In San Diego county.

    The ticket was issued to a black woman in her 40's - in Los Angeles.

    They tied the two together by searching for a name given by the woman pulled over, and came up with my MOL's driver's license number.

    It finally took a call to Marti Emerald (local consumer reporter) and it all got fixed!
    It was pretty dramatic. Some were in uniform, others looked like they must have been undercover. My arresting officer had a two day beard, long hair and a Harley Davidson shirt. Someone from the health department was there too to inspect the bar for cleanliness.

    Marti Emerald has gained a lot of weight over the years. Did you ever see her story where a telemarketer drew his fist back like he was going to hit her? That one was a classic.

  18. #38
    hughb is offline Civilian
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    Quote Originally Posted by gozling View Post
    hugh....
    did you ever get a clearance letter?
    if you didnt find out how to get one and carry it with you.

    When I get a hit on someone for a warrant and then it says to take them to headquarters for varification sometimes they are the victim of an identity theft and get issued a clearance letter that way the next time an officer runs you it is clear that the warrant was already varified as it not being you and its someone else.
    Not sure if that is available anyplace else but was just a thought so you wouldnt have to go through it all again.
    just a thought.
    I received a letter that says "Certificate of Release" in bold at the top. It says "As required by the provisions of the Penal Code section 851.6 (as amended by Stats. 1975, ch 1117), I hereby certify that the taking into custody of the above named subject on: 05/31/2007. Booking Number: not booked by the Police Dept., San Diego Calif., was a detention only, not an arrest. The above named subject's charges were released on 05/31/2007 by the Police Dept., San Diego CA puruant to the provisons of: Penal Code Section 849, subdivision (b), paragraph (1), pertinent portions of which appear below. And then it has the signature and name.


    I haven't been carrying it with me, but I'll put it in the glove box of my car now.

  19. #39
    gozling's Avatar
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    you need to keep it ON your person.. in your wallet... what if you had an incident where you didnt have access to your car? I know if I had a guy tell me his clearance letter was in his glove box, for safety reasons I would be like.. yeah right.. and you would take the ride. Please keep it on you. I know our county gives people a small photo copy of it so they can laminate it and keep it like an ID so the person can just give that to the officer with the id at the same time... or shrink yours and laminate it. Keep the origional in a safe place at home and only carry a copy. Dont carry the origional around or keep it in your car.

    Quote Originally Posted by hughb View Post
    I received a letter that says "Certificate of Release" in bold at the top. It says "As required by the provisions of the Penal Code section 851.6 (as amended by Stats. 1975, ch 1117), I hereby certify that the taking into custody of the above named subject on: 05/31/2007. Booking Number: not booked by the Police Dept., San Diego Calif., was a detention only, not an arrest. The above named subject's charges were released on 05/31/2007 by the Police Dept., San Diego CA puruant to the provisons of: Penal Code Section 849, subdivision (b), paragraph (1), pertinent portions of which appear below. And then it has the signature and name.


    I haven't been carrying it with me, but I'll put it in the glove box of my car now.
    http://www.allpoetry.com/Grunts%20Girl

    We dallied under
    Vine maples and sapling alders
    Searched for lady slippers
    But instead
    Found blackberry riots and
    Desiccated branches

    An old skid road
    Brought ghost ferns and
    Hollows filled with
    Skunk cabbage
    While waves wrapped
    Intricate lacings of weeds
    'Round mule spinners

    His cyanotic eyes
    Were hard enough to make
    The sun turn tail and
    Tender enough to attract me
    To his world of illusion

  20. #40
    hughb is offline Civilian
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    Quote Originally Posted by gozling View Post
    you need to keep it ON your person.. in your wallet... what if you had an incident where you didnt have access to your car? I know if I had a guy tell me his clearance letter was in his glove box, for safety reasons I would be like.. yeah right.. and you would take the ride. Please keep it on you. I know our county gives people a small photo copy of it so they can laminate it and keep it like an ID so the person can just give that to the officer with the id at the same time... or shrink yours and laminate it. Keep the origional in a safe place at home and only carry a copy. Dont carry the origional around or keep it in your car.
    Ah, good idea, thanks. I'll take it to Kinkos and see if they can shrink it down and laminate it for me.

 

 
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