Redbaron007
Regular Member
Thanks a bunch!....not being a LEO....wasn't sure one had the option to or not to enforce a warrant.
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Priority customer falsely arrested for SUV theft: worst case scenario?
- Thread starter Repeater
- Start date
Thanks a bunch!....not being a LEO....wasn't sure one had the option to or not to enforce a warrant.
DocWalker
Regular Member
It doesn't sound like there was ever a warrent just the officer being told he stole the car.
EMNofSeattle
Regular Member
Yes and no, depending upon the state and circumstances involved. On a warrant/report of a stolen vehicle, technically they can choose not to, but I doubt cops will ignore a warrant on a stolen car.
EMNofSeattle
Regular Member
Well when a car is reported stolen a notice is put on the dispatchers computer, if that license plate is run by an officer it will appear flagged as "reported stolen" at that point the officer may stop the vehicle, chances are, you'll go to jail into it's sorted out. unless you have a clear title plus DL in your name and there is absolutely no doubt they probably will arrest you.
If the vehicle was still marked as registered to the dealer or the dealer hadn't reported the sale to state, it's possible that the officer did check all documents and it did reasonably appear as a theft to him, the fact that he only spent four hours in jail tells me it didn't take the police long to find out what was really going on and they did release him shortly after.
Hear's the virginia law on the matter of false reports
Class 1 Misedeamors appear to be punishble by a year in lockup, which is the same as a Gross Midemeanor here in WA, Now I don't know how virginia cops operate, but in WA I doubt the dealer would be arrested for false report, similar crimes in other states are normally cited and no jail time until conviction...
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Ca Patriot
Regular Member
I once bought a new car from a dealership in a finance deal. Contract was signed, handshakes all around, and I drove away with a new car happy as jay bird.
A few days later I got a letter in the mail stating my contract had been canceled because the financing deal had supposedly fallen through. The letter said I had to return the car to the dealer in perfect condition in 24 hours.
Long story short, the dealer had messed up on the contract and sold me the car for about $3,000 less then they wanted too. Now they wanted the car back so they lied on the credit app to get me disqualified for financing.
I refused to return car and they threatened to call cops and say car was stolen. After much wrangling and my attorney threatening to sue them I got the car at an even lower price and a manager got fired.
A few days later I got a letter in the mail stating my contract had been canceled because the financing deal had supposedly fallen through. The letter said I had to return the car to the dealer in perfect condition in 24 hours.
Long story short, the dealer had messed up on the contract and sold me the car for about $3,000 less then they wanted too. Now they wanted the car back so they lied on the credit app to get me disqualified for financing.
I refused to return car and they threatened to call cops and say car was stolen. After much wrangling and my attorney threatening to sue them I got the car at an even lower price and a manager got fired.
Redbaron007
Regular Member
I re-read that and wasn't sure myself....made an assumption.
I figured there had to be some latitude with those, but didn't know the extent of it.
Thanks guys for the help! I don't pretend to be a LEO nor have played one on TV....although I have stayed at a Holiday Inn Express...just not in the last 30 days.
Mayhem
Regular Member
I do not think they can choose NOT to serve it.
It is not the job of the cops to decide who is right and wrong when it comes to a warrant while on the street.
A warrant was issued after probable cause was made to get it so they need to let the courts decide. Now they may want to tell the magistrate at the time bail is set if they see some type of probem. But I do not want the cops deciding this on the street who can walk. Some are not that bright and could let a bad guy go who can tell a great lie.
Mayhem
Regular Member
It sounds like they drew up a sales agreement, everything was signed and in order, and they gave him the keys. The only problem was that they let the car go for less than they wanted.
IT IS NOW A CIVIL MATTER! No crime on the part of the new vehicle owner. They would need to try and sue him but he has the contract to fall back on. They should have cut their loss on that sale. Because I would sue the dealership bigtime!!! I would be getting a few free cars for the false arrest.
I would love to know what they told the cops. I am betting they said he would not return the car. And because it is more than $200 bucks... the cops would need to get the warrant. We cannot normally swear out felony warrants on people. So hopefully the cops did a proper investigation and were simply lied to or should I say deceived??
I cannot imagine the cops knocking on my door, cuffing me, and telling me I stole my car. Well, at that savings he made it was technically a steal! ha!!!!
IT IS NOW A CIVIL MATTER! No crime on the part of the new vehicle owner. They would need to try and sue him but he has the contract to fall back on. They should have cut their loss on that sale. Because I would sue the dealership bigtime!!! I would be getting a few free cars for the false arrest.
I would love to know what they told the cops. I am betting they said he would not return the car. And because it is more than $200 bucks... the cops would need to get the warrant. We cannot normally swear out felony warrants on people. So hopefully the cops did a proper investigation and were simply lied to or should I say deceived??
I cannot imagine the cops knocking on my door, cuffing me, and telling me I stole my car. Well, at that savings he made it was technically a steal! ha!!!!
davidmcbeth
Banned
Normally, 99.999999% of the time, cops will do what a warrant says. But we have the three branches of gov't as a check and balance. Legislatures can pass laws but DAs or cops don't have to enforce them. Judges can ignore laws. And the legislature can ignore the courts.
Its rock paper scissors ...
In IL, county DA said he would no longer enforce no carry statues. A DA has complete authority on this action/non-action. Nothing happened to that DA.
But nothing was said about what the cops would do. So they can (will?) still make the arrests - it's just that when the caase comes up the DA will tell the judge there will be no prosecution. Judge then dismisses the case with prejudice.
How does that stop someone from being arrested in the first place? How does that prevent someone from being held in jail pre-trial?
Got to watch and see how all the chains are linked.
stay safe.
Fallschirjmäger
Active member
Looks like this is going to depend either on 'unilateral mistake of fact' or 'mistake of value.'
Esanders2008
Regular Member
In VA, I thought the warrant was worded something along the lines of "To any officer: You are hereby COMMANDED..."
I'll look into this (I have a copy of an old warrant for my arrest somewhere) (The charges were frivolous and were dropped, btw
)EDIT:
"TO ANY AUTHORIZED OFFICER:
You are hereby commanded in the name of the Commonwealth of Virginia forthwith to arrest and bring the Accused before this Court to answer the charge that the Accused, within this city or county, on or about _____DATE_____ did unlawfully in violation of Section _____SECTION_____. Code of Virginia: ____DESCRIPTION OF CHARGE_______.
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Fallschirjmäger
Active member
Rumor is (from someone running for a judgeship) that there is a desk drawer at the Sheriff's office that's just filled with warrants that the Sheriff doesn't want to have served. Just because a judge issues a warrant doesn't mean that everyone in that area's law enforcement department is going to drop anything they have and go search out someone. They MIGHT look up 'wants and warrants' when they stop an individual, however.
Jack House
Regular Member
I believe it. About a month or so before I finally found my new house, I had some issues with my neighbors stealing license plates through FEDEX. Best we could do was get the police to get a warrant for the man's arrest for trespassing. He had previously been trespassed from the property. But after that, we couldn't get the cops to actually go arrest the man, no matter how many times we told them exactly where he was.
Freedom1Man
Regular Member
In VA, I thought the warrant was worded something along the lines of "To any officer: You are hereby COMMANDED..."
I'll look into this (I have a copy of an old warrant for my arrest somewhere) (The charges were frivolous and were dropped, btw
EDIT:
"TO ANY AUTHORIZED OFFICER:
You are hereby commanded in the name of the Commonwealth of Virginia forthwith to arrest and bring the Accused before this Court to answer the charge that the Accused, within this city or county, on or about _____DATE_____ did unlawfully in violation of Section _____SECTION_____. Code of Virginia: ____DESCRIPTION OF CHARGE_______.
Everything is a personal choice.
Soldiers have been tried and found guilty for following orders.
davidmcbeth
Banned
Cops arrest, DA (head of law enforcement, top cheese) decides if he wishes to prosecute. If DA does not want to move the case forward then a judge never sees it.
Mayhem
Regular Member
In VA, I thought the warrant was worded something along the lines of "To any officer: You are hereby COMMANDED..."
I'll look into this (I have a copy of an old warrant for my arrest somewhere) (The charges were frivolous and were dropped, btw
EDIT:
"TO ANY AUTHORIZED OFFICER:
You are hereby commanded in the name of the Commonwealth of Virginia forthwith to arrest and bring the Accused before this Court to answer the charge that the Accused, within this city or county, on or about _____DATE_____ did unlawfully in violation of Section _____SECTION_____. Code of Virginia: ____DESCRIPTION OF CHARGE_______.
That is what I remember my warrant saying... "Commanded" That is what made me feel it was not optional.
If you are commanded by the court to arrest someone... you have to do it.
If I swear out a warrant on someone I damn well expect the cops to serve it so we can have our day in court. It is not the job of the cop to decide if my warrant is worthy or if I even have a case. A magistrate found probable cause to issue the warrant and that is beyond the cops pay grade.
Mayhem
Regular Member
Agreed. Everything you decide to do is a personal choice. But there are times when you are legally required to do something.
And cops or soldiers are both not required to obey orders the know are unlawful or illegal. If a police commander or a company commander orders a cop or soldier to shoot an unarmed man in the head... they would be held accountable because it is obviously wrong.
But serving an arrest warrant has already passed the sniff test and is a legal process. Nobody is going to be prosecuted to serving court paperwork.
DocWalker
Regular Member
OC for ME
Regular Member
In Missouri the sheriff must execute the warrant (RSMo 544.080). There is no statute that refers to any other LEA beyond the sheriff. Now, who gets to define "forthwith" in the case of VA. In MO there is no ambiguity, ".....immediately after receiving them." What is not clear is how the sheriff interprets/implements "immediately."