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-   -   Police stop (http://www.bikeforums.net/advocacy-safety/147836-police-stop.html)

Bekologist 10-26-05 11:50 PM

I'd look into moving out of state, those petosky cops have got your number bad, my man.

HereNT 10-27-05 01:27 AM

Quote:

Originally Posted by biodiesel
state (or if you hit the blue wall) call the (i'm not kidding) FBI.

Quote:

Originally Posted by linked article
The suit, which seeks damages in excess of $25,000, names Michigan State Police troopers Jeff Ruthig and Doug Sundmacher, and Petoskey Department of Public Safety officers Larry Donovan and David Schultz.

Sounds like he was a state trooper. Bummer.

Best of luck pleaseassist - it sounds pretty evil...

richardmasoner 10-28-05 10:28 AM

Quote:

Originally Posted by pleaseassist
Trooper Nadeau arrived and then a ticket was issued. It was a misdemeanor for "disregarding [a] police officer".

It sounds like you're lucky the trooper didn't throw a baggie of drugs on the ground and then picked it up as evidence. Sheesh.

RFM

Dchiefransom 10-28-05 10:40 AM

DUDE !!!! Get that post off this site!!!!! Somebody had an incident with a car, and the guy's lawyer searched the web and found his stuff. You don't need an investigator for the D.A. finding anything on here that might be turned around against you.

genec 10-28-05 01:15 PM

Let the DA look... what did the OP do that is an offense?

The whole thing is a farce.

pleaseassist 10-28-05 03:09 PM

I appreciate the obvious paranoia. Fortunately, the cops aren't dosed with the proper amount of intelligence or cunning. I think they trade the noblest of characteristics for guns and badges. Who knows though. I have spoken with the prosecutor who issued my warrant and brought a felony against me. Things are looking up. In a week all should be decided. Who knows. Flip a coin as to whether the word of a former five-o and current prosecutor will stand. I do know that if this goes to trial for felony charges I am going for a book deal. HA. What a sham. Farce indeed.

San Rensho 10-28-05 04:11 PM

If you fight the felony and win, which I encourage you to do, from what you describe, you may have a claim for a civil rights violation. You were charged initially with a misdeamenor, you exercised your rights to file a complaint against the officer making the stop and you were then charged with a felony in retaliation.

Don't get discouraged that most attorneys won't take a case like this because the damages you suffered are minimal, but you might want to try legal aid or a law school rights project or similar institution.

Good luck.

pleaseassist 11-02-05 05:36 PM

Quote:

Originally Posted by San Rensho
If you fight the felony and win, which I encourage you to do, from what you describe, you may have a claim for a civil rights violation.

I go in tomorrow to plea. I am aware of potential civil rights suit possibilities and am acting accordingly. Hopefully, with the police report as it is, we'll be able to prove that no probable cause existed. That would push the dominoes just right.
I've received other words of wisdom that just don't fit. This encouragement is a real propellant. I'll keep informed on my legalese too.

guilty until vindicated.

lws 11-02-05 09:07 PM

Quote:

Originally Posted by San Rensho
You were charged initially with a misdeamenor, you exercised your rights to file a complaint against the officer making the stop and you were then charged with a felony in retaliation.

That's the way it looks to me, too. I sincerely hope that the majority of any jury would agree. On the other hand, I've been a registered voter for 20 years and never once served on a jury, and only know two people who ever did serve on a jury. So I have to conclude that juries are being filled from some secret pool of pre-selected people.

pleaseassist 11-07-05 06:16 PM

Court on Wednesday the 16th. A preliminary hearing will pin the offensive side to their lack of evidence and show exactly why a dismissal should be granted. If no probable cause to even stop me is shown....this will be a day to remember.

If I am headed into a trial the whole of this county's jury pool should come around to understand that the police are intimidators. With a lawsuit against this officer already, and many a case of over reaching well known, the trial should be a joke. The question to posit will be, "Would this be acceptable if it happened to you/your kid?" That will get some. The cop being stiff and above the law will grab the rest.

forensicchemist 11-08-05 06:43 AM

having sat thru about a gazillion probable cause hearings, I can count on one 1 hand (with fingers leftover ) the times a case has been tossed out for lack of probable cause. What is your "PLAN B"??

nova 11-08-05 07:44 AM

Quote:

Originally Posted by pleaseassist
If I am headed into a trial the whole of this county's jury pool should come around to understand that the police are intimidators.

Id be very leary of heaping every cop in to that groupe if i was you. You try that and the da will work that much harder to burry you and the judge will likly do the same if you should loose.

Cops are no diffrent that other people there are jerks in every single groupe of people cyclists drivers peds and couch potatoes.

pleaseassist 11-08-05 09:26 AM

My reference was to this case, as it will stand to be while posting here. This is entirely a situation where intimidation is the problem. To solve this I will continue on as the judge sees fit to allow. My plan is a constant-as can be witnessed by my use of the phrase,"day to remember".

Nova- You'd do well to read the other posts by me in this thread. Especially that long one where I mention the admirable Trooper who took me to jail. I'll not assume you haven't done so, but rather suggest another glance.

pleaseassist 11-15-05 10:46 AM

I have a question to pose. If offered, should I walk away with nothing but the night in jail, lawyer fees and my own time used on this to pay for? Does that sound like a good idea? Civil rights are mentioned whenever this case is discussed with people aware of the facts. A lawsuit isn't something to take lightly and I want to get a feel for the consensus.

I now know that people from Petoskey have viewed this thread. It would be nice to hear opinions and have them weigh in. Any more thoughts would be welcome. Tomorrow is the day of decision...something should change with the officer taking the stand.

More tomorrow.

banerjek 11-15-05 11:37 AM

Quote:

Originally Posted by pleaseassist
I was not very pleasant with the cop. I did not use profanity or threaten him though. And, by the way, the law doesn't give cops the ability to ticket for attitude-it doesn't work that way. And I was sober. Odd that you would wonder about that. This state trooper does not have a good reputation., thanks for mentioning the study "they" did.

Presuming that no details would come out in court that would seriously undermine your detailed explanation, a good lawyer will get rid of the felony problem very quickly and advise you on what sort of administrative and legal options you should pursue (if any) against the officer.

Frankly, even if you do nothing, I think you'll get off. The justice system (at least where I live) is so overburdened, they can't deal with real crooks. I can't believe they'd spend the time and money on you.

BTW, showing attitude and testing the limits with cops is asking for trouble. You have the right to do and say lots of things. However, if you are provocative, you shouldn't be surprised if you succeed.

DCCommuter 11-15-05 07:46 PM

Quote:

Originally Posted by pleaseassist
I have a question to pose. If offered, should I walk away with nothing but the night in jail, lawyer fees and my own time used on this to pay for?

No. You should run away. Quickly. Be done with it.

pleaseassist 11-16-05 05:35 PM

I'm vindicated. Freed from the chains of cuffs-or at least the threat. Today at the preliminary hearing, the judge dismissed the case. Thankfully. So that's that. Now, for the next question... but I'd to walk away. Just this $1000 I cant remember, oh yeah the lawyer.
And about that jail...I've known of situations where people pay a million for someone's wife, I only had to pay 42 for one night in jail.
Losses counted, thanks given.
Smile is back.

supcom 11-16-05 10:19 PM

Glad to hear of your victory. Congratulations.

Ngchen 11-16-05 11:07 PM

Considering how the judge dismissed the case, there might be a case for malicious prosecution, especially considering the context of everything the OP had noted. Let us know whether the malicious prosecution case is pursued, and what the outcome is. Also, I don't know does this overlap or would be identical, but someone mentioned civil rights violations. Might be worth pursuing those as well. Thanks.

PS: FWIW, I'm afraid the civil court system runs slowly, and it will be a while b/f we hear about the outcome.

Dchiefransom 11-16-05 11:35 PM

What malicious prosecution? They went into a preliminary hearing to see if there was enough evidence to prosecute, and the judge said no.

The Seldom Kill 11-17-05 02:17 AM

No real case for malicious prosecution but there is potentially a case for unlawful arrest as the OP was arrested, rather than detained, without reasonable evidence (tricky at best) and misconduct of a public official (almost as tricky).

pleaseassist 11-17-05 10:00 AM

Malicious prosecution sounds like the way I'd like to go, but can't. They are virtually immune, though I was bumped up to a felony only after having inquired about a complaint so that seems to push the ideas forward. However, I am having a tough time thinking of the officer as he was that day (and as I've heard of him many other days) and I seem to be veering away from the desire to sue. I was lucky for the cost of the lawyer. Now I just have to remember the abuse a badge can cause a person to commit.

Taking the prosecutor to task would be much more worthwhile, it just can't do any good. Its really too bad that I'd have to use the system more for this second part of it. I wish the cost went onto the people involved and not just out of taxes. Just now I'm waiting out the prosecutions' appeal time. After that I'm all clear.

Thanks for reading. I thank you even more for responding, it has helped.

bluebottle1 11-17-05 04:00 PM

Quote:

Originally Posted by pleaseassist
They are virtually immune, though I was bumped up to a felony only after having inquired about a complaint so that seems to push the ideas forward. However, I am having a tough time thinking of the officer as he was that day (and as I've heard of him many other days) and I seem to be veering away from the desire to sue.


I think you should let this thing die as long as the appellate timetable runs with no further action. You're right when you say that a prosecutor is virtually immune. As a general rule, any time that a prosecutor is acting in the course and scope of his duties and making a decision based upon matters in his discretion, you would have to show actual bad faith to prevail. That's a very heavy burden to have to carry. I think you'd be lucky to find a lawyer willing to pursue it, and it will cost you time and disruption to your life, even if you can find someone willing to handle the case. Even contingency cases aren't really "free" representation.

Glad to hear it sounds like you skated from these *******s. They sound like the sort who give cops and DAs a bad name.

coriander 11-17-05 06:21 PM

I wish there was a sub forum for threads on bad cop incidents.

I remember this one, which while not resulting in an arrest, almost did:

http://www.bikeforums.net/advocacy-safety/104611-pulled-over-giving-cop-finger.html

And then there is also this one:

http://www.bikeforums.net/advocacy-safety/129642-police-officer-vs-bike-messenger-road-rage.html

Ngchen 11-17-05 07:20 PM

I'm no lawyer, so I'm not sure of the legal distinctions, if any between wrongful arrest/civil rights violation and malicious prosecution. But, IIRC, arrest is supposed to require "probable cause" of the offenses charged, meaning that it was more likely than not that the OP was guilty of _blank_. The judge at the preliminary hearing apparently felt that that standard of proof was not met, and therefore tossed the case. Does the filing of the charges initially already count as initiating prosecution? Anyhow, IMO it would be wise to at least get an initial consult with a lawyer familiar with this area of law.


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