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Thread: OT. Help with legal knowledge and procedure

  1. #1
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    OT. Help with legal knowledge and procedure

    OK this has nothing to do with OC, but am posting here because you guys seem to be up on legal knowledge and procedure.

    I will try to explain the incident as short as possible, but what I want to know is the proper way to get info, trying to help a co-worker.


    She ( co-worker) was heading south on Northwest, he ( forensic investigator) was on Mcleod turning left(south) onto Northwest, no collision was made at that time, he actually chased her down, on her left side while in the other lane and hit her car. Then proceeded to yell at her in her face style, for not giving right of way to him. At this point she was mad and scared as hell, took about a hour or more for cops to show up, finally a Sheriff shows up, does right the guy a ticket ( not exactly what ticket was given) , but gets no statement from her, while this is going on BPD motorcycle cops finally show up, and proceed to get in her face and yell at her that they don't have time for this, and she is wasting their time for this type of call. Must be protect their buddy.

    The guys insurance has already stated as of right now they are not covering her car ( not sure if this was personal or City vehicle).

    She is pissed about the cops in her face. She was to emotional to get a badge number from the BPD, she is going to get a copy of the sheriff report, but not sure if the badge number or name is on it.

    Would BPD had to file some sort of report for showing up??


    What would be your course of action?? I know she doesn't have enough money for a straight up lawsuit, maybe small claims??

    Thanks
    Last edited by 223to45; 04-10-2012 at 12:40 PM.
    If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege.
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    The police report should have the reporting officers info on it. I would send complaint letters to the Chief of Police or Sheriff for whatever agency was attending, Lawyer Up, file a complaint with the City Council or County Council. My guess is if he was at fault and his insurance is defaulting on their policy and not covering her damage it's probably a city vehicle. And if need be go public in blogs, news papers and radio stations.

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    Well it was the Sheriff that wrote the report, so would the BPD officers names be on it??
    If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege.
    --- Arkansas Supreme Court, Wilson v. State (1878)

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    Possibly. Officers are supposed to get as much detail in their reports as possible. But she may have to put in a FOIA with the PD and request dispatches for that night. Anytime an officer arrives on scene he checks in with dispatch and they make a note of it. There's a record somewhere, whether with the PD or 911, someone knows.

    It's BS that an officer would treat her that way but the bigger issue is insurance. She was in an accident where the other driver was at fault and his insurance is refusing to pay the damages? Something is most definitely wrong with that.

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    Quote Originally Posted by sirpuma View Post
    It's BS that an officer would treat her that way but the bigger issue is insurance. She was in an accident where the other driver was at fault and his insurance is refusing to pay the damages? Something is most definitely wrong with that.

    The issue I am having with it, is it was not a accident, he drove up beside her in the oncoming lane and hit her, this happen at least a good 100' or more from the intersection.

    I have talked to her about receiving the reports, dispatches calls, and stuff like that. I have never done it, so I don't know the proper procedure.
    If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege.
    --- Arkansas Supreme Court, Wilson v. State (1878)

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    Quote Originally Posted by sirpuma View Post
    Possibly. Officers are supposed to get as much detail in their reports as possible. But she may have to put in a FOIA with the PD and request dispatches for that night. Anytime an officer arrives on scene he checks in with dispatch and they make a note of it. There's a record somewhere, whether with the PD or 911, someone knows.

    It's BS that an officer would treat her that way but the bigger issue is insurance. She was in an accident where the other driver was at fault and his insurance is refusing to pay the damages? Something is most definitely wrong with that.
    If memory serves me correctly we are a no fault state. Turn it in to her insurance and let them subrogate.
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    Quote Originally Posted by sirpuma View Post
    Lawyer Up,

    Does anyone know of a lawyer that specializes in abusive police power??
    If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege.
    --- Arkansas Supreme Court, Wilson v. State (1878)

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    Quote Originally Posted by 223to45 View Post
    The issue I am having with it, is it was not a accident, he drove up beside her in the oncoming lane and hit her, this happen at least a good 100' or more from the intersection.

    I have talked to her about receiving the reports, dispatches calls, and stuff like that. I have never done it, so I don't know the proper procedure.
    It doesn't matter if the collision was "accidental" or "intentional" his insurance should be paying up.

    As far as the requests I believe the PD should have forms to fill out. I've never done a FOIA before so I don't exactly how to go about it.

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    Activist Member golddigger14s's Avatar
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    Sounds like a good one to "Get Jesse!"
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  10. #10
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    Quote Originally Posted by sirpuma View Post
    I I've never done a FOIA before so I don't exactly how to go about it.
    http://sunshinereview.org/index.php/...ic_Records_Act

  11. #11
    Opt-Out Members BigDave's Avatar
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    Did this happen in Bellingham ? If so then here http://www.cob.org/government/public-records.aspx
    If it was handled by Whatcom County then here http://www.co.whatcom.wa.us/publicrecords/
    If another city then look up on their city website for public records request.
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    Activist Member SigGuy23's Avatar
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    I say go with what the others have said on the police issue. As far as the damages go. Have her call her insurance company and explain to them what happened. Let them know that a citation was written to the man who hit her. Her insurance companies lawyers should contact his insurance company and deal with it.

  13. #13
    Regular Member sudden valley gunner's Avatar
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    Get all reports...go to Bellingham police station ask for incident reports

    Go to Sheriff's office ask for Tara on the right as you enter the sheriff's dungeon. She is very helpful and ask for incident reports.

    Go to city Hall ask for public disclosure on the officers involved.

    Also file a complaint with the Bellingham Police department, but here's the ticker send it certified in because they tend to disappear, both to city hall and police station Mr. Erb the public disclosure officer has broken state law and withheld information I requested, oh surprise surprise he used to be a prosecutor who told me he doesn't ever see himself prosecuting an officer.

    She'll need to find the name of all officers involved and be very specific.

    I am getting some experience in dealing with these dingbat gestapo idiots. If you want PM me I can lend a hand and meet up with you and her.

    Does she have any witnesses to what happened?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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