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Official misconduct. RCW 9A.80.010. Lets start making the prosecutors do their job.

rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
You folks let me know how successful you are in getting a good response to this from the King County Prosecutor's office, won't you?
And especially the Seattle City Attorney's office, too!
 
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jsanchez

Regular Member
Joined
May 9, 2010
Messages
499
Location
seattle
What is the statue of limatations on 9A.80.10? It will be 1 year tomarrow I was stopped at Greenlake, and I'm wondering if its to late to file charges with king county sheriffs.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
If it was a public prosecutor then they would declare mistrial and charge YOU again. In the scenario that you presented though they would likely follow the constitution and not put them at risk of life or property twice.

It's funny that 'they' can declare mistrial and deprive us of life, liberty, and property even though it violates the intent of the Double Jeopardy protection. It was only supposed to take one juror to set you free.

Double Jeopardy only occurs when there is a trial with a conclusion (a verdict, withdrawal of charges once testimony begins, or dismissal with prejudice). A Mistrial means that no trial took place. No Jeopardy attaches.

Check out Renico v. Lett

http://www.scotusblog.com/case-files/cases/renico-v-lett/

Like it or not, it's still the law of the land.
 

rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
What is the statue of limatations on 9A.80.10? It will be 1 year tomarrow I was stopped at Greenlake, and I'm wondering if its to late to file charges with king county sheriffs.

Official misconduct is a gross misdemeanor, for which SOL is 2 years (although you don's have a concern with it yet, when the clock starts can sometimes be an issue).
 
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jsanchez

Regular Member
Joined
May 9, 2010
Messages
499
Location
seattle
Official misconduct is a gross misdemeanor, for which SOL is 2 years (although you don's have a concern with it yet, when the clock starts can sometimes be an issue).

Thanks Rapgood, My lawyer said I can go ahead an persue a criminal case against the officer who pulled the gun. Its seems from the infomation posted in this thread that it is possible legally but only on the federal level, if I'm understanding what was posted?
 

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
4,462
Location
Greater Eastside Washington
Thanks Rapgood, My lawyer said I can go ahead an persue a criminal case against the officer who pulled the gun. Its seems from the infomation posted in this thread that it is possible legally but only on the federal level, if I'm understanding what was posted?

I started the thread using only state laws.
 

rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
Thanks Rapgood, My lawyer said I can go ahead an persue a criminal case against the officer who pulled the gun. Its seems from the infomation posted in this thread that it is possible legally but only on the federal level, if I'm understanding what was posted?
You can ask the King County Prosecutor to file criminal charges against them. You can request that the US Attorney pursue them on criminal charges. You can even go straight to the DOJ. I believe that you have a basis for a criminal complaint in either state court or federal court. But, getting a prosecutor who is willing to level criminal charges against a cop in this city is a completely different matter, altogether...

♫ Meet the good new boys! ♫
♫ Same as the good old boys! ♫
 

amlevin

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Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Thanks Rapgood, My lawyer said I can go ahead an persue a criminal case against the officer who pulled the gun. Its seems from the infomation posted in this thread that it is possible legally but only on the federal level, if I'm understanding what was posted?

How excited about a civil case is your lawyer? If he's not real motivated it may be a signal that the case isn't that strong. Any reluctance on his part to not go balls to the wall with a contingency fee should also be an indication that there's not much chance of any criminal prosecution either.
 

Phssthpok

Regular Member
Joined
Jul 17, 2007
Messages
1,026
Location
, ,
Thanks Rapgood, My lawyer said I can go ahead an pursue a criminal case against the officer who pulled the gun. Its seems from the information posted in this thread that it is possible legally but only on the federal level, if I'm understanding what was posted?

It's generally a good idea to show that you have exhausted your other options first. Start by notifying the Sheriff. If he won't perform the duties imposed upon him by law, then approach the Prosecutor (and consider attaching a complaint against the sheriff for violation of RCW 9A.80.010 (b) as well).

If the PA declines your petition, then you would have (IMHO) a much stronger position for approaching a judge and filing a complaint for citizen prosecution (or whatever they call it).
 
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Starheart

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Joined
Aug 25, 2012
Messages
1
Location
Ferry County
Political Watch List Targeted Burglaries

I think the main thing we have to work on is changing the "culture" that puts cops and others in the "justice" system up on a pedestal.

I have an Idea for a website that would help and actually have a person who will donate the bandwidth and server. Just not the technical know how. I say we put all complaints online where they can be downloaded and not shredded or hidden safely away. That way anyone who goes to court can look up a cops personnel file to back up his case. Let's face it all cops make mistakes but bad ones make them over and over and over again, they know it the prosecutors know it even the judges know it and they don't volunteer the info to you. And continue against the spirit of Brady v Maryland.

I would look up the info Dean gave us there is a CJR form for filing private criminal complaints, especially when the prosecutor doesn't want to do it. There is also a case that went to SCOTUS that allows for it. I am strong proponent of private prosecution and leary at the same time, as others brought out, we can easily be thwarted by a single juror, yet the state has the abundance of funds stolen from our pockets to go after us again and again and again or fight against our claim with funds that dwarf even the funds of the wealthy.

John and I have been working to expose the corrupt way they give up and hide info in the "FOIA's" too. This is fun, especially when you know a complaint was sent by registered mail to both the police station and city Hall. Get your community involved get active at tracking them. A case you might find interesting is Yacobellis vs. City of Bellingham, your municipality must pay you a fine if they don't comply with your requests.
Here is a website that you might like:
http://dirtycopsmustregister.com/

I am going to look up the information on Yacobellis vs. City of Bellingham....

I have put in public disclosure requests regarding information on a deputy for the Ferry County Sheriffs' Department, as well as requests for information about any agencies that have legal warrants for searches at the place I am living, due to numerous illegal, covert entries/burglaries being made to the home, as well as my storage unit in Tukwila. I believe that Federal or Homeland Security agencies are involved and have used Law Enforcement, Fire Department or FEMA access codes to bypass the alarms in the computer controlled entry system. Some of the stolen property has been moved from the residence in Ferry County to my storage facility in Tukwila.... After the most recent covert entry burglaries I have also found stolen property returned to the home and planted in various locations in the home. The Sheriffs' Office in Ferry County needs to be investigated --one deputy has engaged in harassment. The Federal Agencies employees, that are involved in searches of targeted "Watch List" individuals properties need to be investigated also.

I have submitted FOIA requests to some of the Federal Agencies that may be involved, but I have had to submit an appeal to the FBI, because they will not release the information requested and I will probably have to go to court to get the information .
****************************************
Here is a helpful link for everyone that will be useful for people that are interested in obtaining information from police departments:
Washington State Supreme Court Orders Disclosure of Investigative Reports Alleging Police Misconduct

http://www.localopengovernment.com/...stigative-reports-alleging-police-misconduct/
 
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