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Thread: My Son Was Arrested in North Las Vegas

  1. #26
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by NewZealandAmerican View Post
    Sue them, file criminal charges against them with at least a bare minimum charge of "aggravated kidnapping" as they were armed with guns when they kidnapped you and your son.


    http://www.justice.gov/crt/about/crm/241fin.php


    CONSPIRACY AGAINST RIGHTS

    Summary:


    • Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime.
      The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
    TITLE 18, U.S.C., SECTION 241

    • If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.





    http://www.justice.gov/crt/about/crm/242fin.php
    DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

    Summary:

    • Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
      For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
    TITLE 18, U.S.C., SECTION 242





    • Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.




    • SEE ALSO: http://www.law.cornell.edu/uscode/42...3----000-.html



      TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983
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      § 1983. Civil action for deprivation of rights

      How Current is This?

      Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.




      I hope this helps TigerLily my dear sister in LIBERTY!

    Thanks a mil! I will share this with the lawyer that expressed interest in representing me in the other case where I was cuffed for 56 minutes for recording while open carrying. I think this particular case (where I was actually sent to a holding tank for 24 hours) is an even more compelling case because I was actually taken to the detention center. In this case, I went out of my way NOT to oc because I didn't want to escalate the situation (I knew my son was being arrested.) But in retrospect I think I would have had a better chance to NOT be arrested had I oc'd. Something about oc-ing makes us less low on the hanging fruit tree.

    I just got the discovery and the cops contradicted the hell out of themselves in the NLV cases. Two officers wrote out their reports and with a lot of holes in their stories.

    I'll keep you posted on this forum.

    Thanks again!
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  2. #27
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by Nevada carrier View Post
    It's funny that we don't have news reels filled with prosecutions under these federal statutes. We all know it's happening, but no one is using the laws already on the books to do what those laws were intended to do.
    At the risk of sounding like a "nut job," I think that the media goes out of the way to protect the establishment. Perhaps it's due to a general feeling by society that we must protect those that put their lives on the line for us. Do they fear bad ratings if they actually told the truth?

    I did see on CNN a story about two persons that were wrongfully convicted on bad evidence from a laboratory that is organized within the state's justice department. Basically, the lab works for the prosecution. According to that report, 11 states operate that way (not Nevada). The report uncovered vile corruption that did a huge injustice to two persons.

    Here is some of that story:

    As shocking as the buried evidence was a statement made by the SBI analyst, Duane Deaver, on the stand. When asked why he didn't report the key test, Deaver said he was just complying with the lab's accepted practices of the time. (Since then, Deaver has been fired by the SBI, his lawyer says.)

    http://articles.cnn.com/2011-01-27/j.../2?_s=PM:CRIME
    Last edited by TigerLily; 07-07-2011 at 05:06 PM. Reason: to provide citation
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  3. #28
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by MilitaryMike View Post
    This is ridiculous. Actually, this is the only reason I have a CCW. I play open carry and hope I get arrested. Then I can pull the CCW card when my attorney gets involved.
    I had discouraged my son from getting a ccw because it is tied to the car registration. My advice might have backfired, but then again, even with a CCW, he would have been arrested because of the outdated ordinance.
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  4. #29
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by 28kfps View Post
    Wow, I thought the preemptive over NLV open carry laws was a done deal. These rogue agencies are relentless.

    Cowboy cops that act like they are above the law. I've had a big change in my mind about how many of these guys (and girls) are out of control. I thought it was a minority. Now I think it's a minority that are "good," and of those, most are guilty because they know of the corruption and do nothing about it. When I came to this conclusion I felt like a kid that just realized Santa does not exist.

    Sorry to get off topic.
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  5. #30
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by Felid`Maximus View Post
    This sounds like an absolute nightmare to me. Please keep us posted. If there is any justice in the court, the court will recognize the illegitimacy of the NLV code. The aggressive driving charge will likely be the most challenging charge to confront. The testimony of an officer, unfortunately, is worth more than that of a regular person due to the memory skills they've been trained to have, or so I've been told by a judge.
    I'm fairly confident the aggressive driving charge will be dropped because:

    1. What the officer wrote is impossible to do.
    2. His police report conflicts considerably from his written citation.
    3. What his fiance witnessed contradicts what the cop wrote (on both the citation and police report)
    4. The first charge mentioned by the cop was "tinted windows."

    Could it be that he added aggressive driving to the charges to make for a more compelling reason to arrest him?
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  6. #31
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by Yard Sale View Post
    During discovery, demand the video from the prosecution. When they don't produce it, file a motion to compel discovery of exculpatory evidence. Include a copy of your jail booking inventory, which lists the camera, and explain it was recording at the time you were arrested.
    I requested everything in my discovery request. I got 11 pages of reports - including reports about my son as well, and my son's inventory at time of booking (not mine.)

    I do have my list of inventory that I got when I was released. It lists, "Blu Cam/misc cosmetics"

    I will look up that "motion to compel discovery of exculpatory evidence," as I'm not familiar with that.

    Thanks for the tip.
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  7. #32
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by jlaudio29 View Post
    This is unreal.... Id say im suprised but im really not, after hearing story after story it just really dosnt suprise me anymore... so terrible.

    I thought this NLV Open carry was done as well. I know the local news did a story on it when there was the open carry trash pick up in the empty parking lot near the police station... Should the news be contacted again and made aware of this situation? Im sure they would love to cover that story..

    I noticed a sign the other day coming down MLK about the police being layed off and that we are unsafe That gave me a good laugh for the day

    Good luck to you and keep us posted please!
    Our goal right now is to be found NOT GUILTY of all charges. After that, we'll strategize our next move. I'm cautious about the media attention until we can get past the criminal charges.

    As for the layoffs in NLV, I was told by the guards in the holding tank that if I wanted to get out "sooner" I should get all my friends to contact our reps to get their staff back. They were whining about being overworked. I looked out the window from the holding tank during their graveyard shift and the guards were partying down, eating dinner and cake, joking, and laughing. Didn't seem like they were very overworked to me. I told the guard that the citizens should be calling reps to tell the NLVPD to stop arresting innocent people and to get rid of their cowboy cops. They are a serious liability.

    Thanks for posting.
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  8. #33
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    Quote Originally Posted by TigerLily View Post
    Our goal right now is to be found NOT GUILTY of all charges
    It's better that the charges are dismissed, preferably for lack of probable cause to arrest. Which means you need to file a motion to dismiss.

    A judge's dismissal for lack of PC could be plaintiff's exhibit A of false arrest.

  9. #34
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    Quote Originally Posted by TigerLily View Post
    Our goal right now is to be found NOT GUILTY of all charges. After that, we'll strategize our next move. I'm cautious about the media attention until we can get past the criminal charges.

    As for the layoffs in NLV, I was told by the guards in the holding tank that if I wanted to get out "sooner" I should get all my friends to contact our reps to get their staff back. They were whining about being overworked. I looked out the window from the holding tank during their graveyard shift and the guards were partying down, eating dinner and cake, joking, and laughing. Didn't seem like they were very overworked to me. I told the guard that the citizens should be calling reps to tell the NLVPD to stop arresting innocent people and to get rid of their cowboy cops. They are a serious liability.

    Thanks for posting.
    "You're right officer. If we get those cops back, we'll have a better chance of dealing with GOOD cops."

  10. #35
    Regular Member NewZealandAmerican's Avatar
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    Quote Originally Posted by TigerLily View Post
    Thanks a mil! I will share this with the lawyer that expressed interest in representing me in the other case where I was cuffed for 56 minutes for recording while open carrying. I think this particular case (where I was actually sent to a holding tank for 24 hours) is an even more compelling case because I was actually taken to the detention center. In this case, I went out of my way NOT to oc because I didn't want to escalate the situation (I knew my son was being arrested.) But in retrospect I think I would have had a better chance to NOT be arrested had I oc'd. Something about oc-ing makes us less low on the hanging fruit tree.

    I just got the discovery and the cops contradicted the hell out of themselves in the NLV cases. Two officers wrote out their reports and with a lot of holes in their stories.

    I'll keep you posted on this forum.

    Thanks again!

    You're welcome dear, I hope things really work out well, don't just get the charges dismissed, really stick the screws to them so hard until they bleed profusely and no you are not a nut for thinking the media protects the establishment. In reality the corporate controlled media goes so far to dumb down, distract, and systematically program and brainwash us, the masses!
    (Dion Wood). MY FREEDOM PAGE[/COLOR] with valuable links to ALTERNATIVE MEDIA, Internet Radio shows and other sites to restore our FREEDOM & LIBERTYhttp://www.QRZ.com/db/KB9QFH TELEPHONE: +1(800)808-KIWI that's +1(800)808-5494 Tollfree. "NewZealander By Birth, American By The Grace Of God." See also http://www.facebook.com/NewZealandAmerican & http://RTR.org/NewZealandAmerican “IN MEMORY OF OUR GOD, OUR RELIGION, AND FREEDOM, AND OUR PEACE, OUR WIVES, AND OUR CHILDREN" (The Title Of LIBERTY)

  11. #36
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    Quote Originally Posted by TigerLily View Post
    We both did a formal motion for discovery - that's another story.

    Got my cam back but the recording was "gone" and so were two of the stickers that were on my helmet.
    Do NOT use the camera or re-record over the memory card. Find someone who specializes in data recovery, if even you have to pay for it.

    They should not only be able to get the recording back, they can show when it was deleted i.e. after it was confiscated and while you were in jail and before it was returned to you - prima facia evidence of deliberate evidence tampering.

    Good luck.
    Last edited by FTG-05; 07-08-2011 at 07:22 AM.

  12. #37
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by FTG-05 View Post
    Do NOT use the camera or re-record over the memory card. Find someone who specializes in data recovery, if even you have to pay for it.

    They should not only be able to get the recording back, they can show when it was deleted i.e. after it was confiscated and while you were in jail and before it was returned to you - prima facia evidence of deliberate evidence tampering.

    Good luck.
    The cam is still intact since I got it back and I gave it to an expert he's taking it work where he has some equipment to do a good inspection. Thanks.
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  13. #38
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by NewZealandAmerican View Post
    You're welcome dear, I hope things really work out well, don't just get the charges dismissed, really stick the screws to them so hard until they bleed profusely and no you are not a nut for thinking the media protects the establishment. In reality the corporate controlled media goes so far to dumb down, distract, and systematically program and brainwash us, the masses!
    I've decided that working law suits should be my "job" to have PAC $ to get rid of bad legislators. Primaries are just around the corner and with low voter turnout during primaries, it's crucial to get rid of some of the anti-liberty "trash."
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  14. #39
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by Yard Sale View Post
    It's better that the charges are dismissed, preferably for lack of probable cause to arrest. Which means you need to file a motion to dismiss.

    A judge's dismissal for lack of PC could be plaintiff's exhibit A of false arrest.
    Hmm... makes sense. I'll look into that. Thanks.
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  15. #40
    Regular Member MilProGuy's Avatar
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    Is there a law or laws on the books which permits the open carry of a handgun in Nevada?

    The reason I ask is because, some people here in Mississippi open carry...but there is no clearly defined law, ordinance, or code on the law books which actually permit open carry. As a result, some open carry folks find themselves in hot water from time to time in Mississippi.

  16. #41
    Regular Member The Big Guy's Avatar
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    No permission needed.

    Quote Originally Posted by MilProGuy View Post
    Is there a law or laws on the books which permits the open carry of a handgun in Nevada?

    The reason I ask is because, some people here in Mississippi open carry...but there is no clearly defined law, ordinance, or code on the law books which actually permit open carry. As a result, some open carry folks find themselves in hot water from time to time in Mississippi.
    There is no law on the books that gives permission to open carry firearms in Nevada. There is no law authorizing the attending of church on Sunday morning either. Therefore these Constitutionally protected activities are clearly legal. If people are being hassled in Mississippi for exercising their Constitutionally protected rights with no other state or local law on the books then the police are acting under color of authority and are clearly engaging in illegal activities.

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  17. #42
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    Quote Originally Posted by MilProGuy View Post
    Is there a law or laws on the books which permits the open carry of a handgun in Nevada?

    The reason I ask is because, some people here in Mississippi open carry...but there is no clearly defined law, ordinance, or code on the law books which actually permit open carry. As a result, some open carry folks find themselves in hot water from time to time in Mississippi.
    Unless OC is denied by statute, there is no reason to have statute permitting OC.

    Laws deny activities. If there is no law making something illegal, that something is legal.
    NO people in Mississippi should find themselves in "hot water" for not breaking laws.

    And, PLEASE do not ask this same question in multiple Nevada threads as you have done in the Mississippi forums. You have received many good, accurate, and useful responses to this question already. Your single-minded "need" to see a statute "allowing" open carry simply misses the point.
    Last edited by wrightme; 07-08-2011 at 07:21 PM.
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  18. #43
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    Here is a link to free software that is used to recover data from hard disks, and memory cards. I have personally used this software and have had good results. Not sure how it will work if you had a memory card in a camera and deleted from that camera.

    Its free none the less and worth a shot to see if you can get the lost video yourself.

    http://www.snapfiles.com/get/restoration.HTML

    If you need any help with the program please feel free to PM me.

  19. #44
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    Quote Originally Posted by jlaudio29 View Post
    Here is a link to free software that is used to recover data from hard disks, and memory cards. I have personally used this software and have had good results. Not sure how it will work if you had a memory card in a camera and deleted from that camera.

    Its free none the less and worth a shot to see if you can get the lost video yourself.

    http://www.snapfiles.com/get/restoration.HTML

    If you need any help with the program please feel free to PM me.
    Don't do this.

    The data is an important goal, but not the most important one. The time and date that the data was erased, if it can be shown to have been done in police custody, is the most important goal. An outside independent expert is needed here for this to be useful legally, not some PC jockey.

    No offense.

  20. #45
    Regular Member TigerLily's Avatar
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    Quote Originally Posted by FTG-05 View Post
    Don't do this.

    The data is an important goal, but not the most important one. The time and date that the data was erased, if it can be shown to have been done in police custody, is the most important goal. An outside independent expert is needed here for this to be useful legally, not some PC jockey.

    No offense.
    Wow! I did not know about this technology. I hope it's not too late to see when the data was erased. It was a cheap camera - but it did a great job to capture the cops that handcuffed me for 56 minutes. I'm afraid that since it was a cheap cam, and one that I never entered the date or time into it, that it's likely the info is gone. This exercise and your comments have given me great info so I know how to deal with this in the future. (Cause since my husband didn't freak out over my 24 hour arrest, I'll probably keep pushing.)

    I also just invested in some spyware. My plan is to have a phone cam and turn in off when unlawfully ordered to do so, and have my spyware keep rolling. Eventually, I'd like to get that spyware to go right to the internet as a backup.

    Thanks for all the tips.
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  21. #46
    Regular Member VW_Factor's Avatar
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    Quote Originally Posted by FTG-05 View Post
    Don't do this.

    The data is an important goal, but not the most important one. The time and date that the data was erased, if it can be shown to have been done in police custody, is the most important goal. An outside independent expert is needed here for this to be useful legally, not some PC jockey.

    No offense.
    What do you think a PC jockey is? lol

  22. #47
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    Quote Originally Posted by TigerLily View Post

    I also just invested in some spyware. My plan is to have a phone cam and turn in off when unlawfully ordered to do so, and have my spyware keep rolling. Eventually, I'd like to get that spyware to go right to the internet as a backup.

    Thanks for all the tips.

    The folks at copblock.org do this. They use ustream and QIK I think.

  23. #48
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by Yard Sale View Post
    During discovery, demand the video from the prosecution. When they don't produce it, file a motion to compel discovery of exculpatory evidence. Include a copy of your jail booking inventory, which lists the camera, and explain it was recording at the time you were arrested.
    The fact that the tape was stolen is criminal obstruction of justice and conspiracy, in all likelihood. They have no case against you, from what you have posted. You, on the other hand, have an exellent case against them with the above theft. 18 USC 241 makes for interesting reading.
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  24. #49
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    4,884
    Quote Originally Posted by FTG-05 View Post
    Don't do this.

    The data is an important goal, but not the most important one. The time and date that the data was erased, if it can be shown to have been done in police custody, is the most important goal. An outside independent expert is needed here for this to be useful legally, not some PC jockey.

    No offense.
    The willful and knowing destruction of exculpatory evidence. It would be a wonderful thing to prove!
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  25. #50
    Regular Member
    Join Date
    Feb 2011
    Location
    TN
    Posts
    441
    Quote Originally Posted by VW_Factor View Post
    What do you think a PC jockey is? lol
    Ok, how about independent PC expert jockey?

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