I was arrested for filming police tonight

[amlevin]

There is no legal vehicle completely to expunge arrest records. While the record can be removed from the state's WATCH database (maintained by the State Patrol), once it hits NCIC, it stays forever.

Wouldn't that alone support one's claim for damages? A lifetime of having a wrongful arrest in the NCIC?

Might also be a good reason for that person to carry documentation that the charges were dismissed just in case they run into some intellectually challenged backwoods Deputy.

 

[TechnoWeenie]

You mean those guys with the helmets, body armor, and automatic weapons? How much danger did they think you might "pose"?

Everyone is a threat, remember?

'As long as the officer goes home at the end of the night'.

 

[509rifas]

You mean those guys with the helmets, body armor, and automatic weapons? How much danger did they think you might "pose"?

I believe it was the socks with sandals. My signature.

Weird thing is I wasn't frisked even after I was arrested. Maybe it's cuz in daylight I look pretty non-threatening. After I was held for a while and a detective asked me all my info and she told me I would be cited and released, then a few minutes later after I presume they ran my name and saw the "carries weapons" or however the flag reads and then I was finally frisked. SPD needs to clarify their frisking procedure.

I'll probably be off for a little bit, this whole thing has me a bit mentally fatigued.

When I return, I'm pretty sure it will be with real OC videos and not semi-related things like recording LE or mistaken identity while CCing. I've heard there is nearby towns that have had trouble with citizens asserting their rights, even people who I spoken to and I know they know about asserting even just Terry rights get arrested for Obstruction. Hopefully that training promised training extends further than my city.

 

[rapgood]

Wouldn't that alone support one's claim for damages? A lifetime of having a wrongful arrest in the NCIC?

Yes.

 

[jhfc]

From what I've seen, these cases usually end up getting settled for relatively small amounts, e.g., $10k, $20k.

Is it just not worth it to push the case to trial and really hit the offending LEA/City hard? Only in the case of permanent bodily injury or death?

They all seem to settle...

 

[()pen(arry]

From what I've seen, these cases usually end up getting settled for relatively small amounts, e.g., $10k, $20k.

Is it just not worth it to push the case to trial and really hit the offending LEA/City hard? Only in the case of permanent bodily injury or death?

They all seem to settle...

A decision to settle must be made by both parties. There's no settlement if the plaintiff doesn't agree to it.

 

[jhfc]

A decision to settle must be made by both parties. There's no settlement if the plaintiff doesn't agree to it.

Yes, I understand that. I'm just speculating why in many/most cases, the plaintiff settles rather than take it to trial. Bird in the hand worth two in the bush I suppose. But, even then, it seems like a lot of trouble to go through to end up settling for $15k and giving 30% to the attorney.

The worst part is I'm not sure if the intended effect - stopping illegal LEA/LEO behavior - is achieved.

 

[DocWalker]

Yes, I understand that. I'm just speculating why in many/most cases, the plaintiff settles rather than take it to trial. Bird in the hand worth two in the bush I suppose. But, even then, it seems like a lot of trouble to go through to end up settling for $15k and giving 30% to the attorney.

The worst part is I'm not sure if the intended effect - stopping illegal LEA/LEO behavior - is achieved.

Each party has to make their own decision and I can't second guess it and wouldn't even try.

I do however agree with you and their behavior WON'T change. A promiss of more training is nothing as they shouldn't have been on the street in the first place if they were not properly trained. You can't change their strips so to speak, they are just told to be more carefull and not to get caught next time.

If your doctor wasn't properly trained and say removed the wrong leg, or castrated you while doing a vasectomy do you think 15K minus 30% would be fair? How about the doctor never getting to do this to anyone else exspecially if the doctor has a history of screwing up the procedures he is attempting to perform?

 

[OC for ME]

It could have been their first screw up, and the doctor's first screw up too. The key is to find a history of rights violations, also find documentation that they were trained, and did not violates rights in past similar situations. Use their own records against them. If they were trained add a couple of zeros. If they did not violate rights in past similar situations, add a couple more zeros.

 

[DocWalker]

It could have been their first screw up, and the doctor's first screw up too. The key is to find a history of rights violations, also find documentation that they were trained, and did not violates rights in past similar situations. Use their own records against them. If they were trained add a couple of zeros. If they did not violate rights in past similar situations, add a couple more zeros.

In order to be a LEO you must be trained (ie the acadamy); just like to be a doctor you must attend medical school. If the person was hired without attending the acadamy then the part of negligence would be on the department and city for their HR practices. I would submit if you have a LEO pulling his weapon out when it isn't warrented then he is probably not in the right state of mind to be in that job. It isn't due to training but would be due to emotion such as fear, cowardous, egomainia, or something along those lines.

 

[Freedom1Man]

Each party has to make their own decision and I can't second guess it and wouldn't even try.

I do however agree with you and their behavior WON'T change. A promiss of more training is nothing as they shouldn't have been on the street in the first place if they were not properly trained. You can't change their strips so to speak, they are just told to be more carefull and not to get caught next time.

If your doctor wasn't properly trained and say removed the wrong leg, or castrated you while doing a vasectomy do you think 15K minus 30% would be fair? How about the doctor never getting to do this to anyone else exspecially if the doctor has a history of screwing up the procedures he is attempting to perform?

Cutting off the wrong body part happens.

Somethings doctors have ZERO control over while a person is opened up. He/She could have done everything text book perfect and still fail.
Doctors and police officers are like apples and zucchini.

 

[DocWalker]

Cutting off the wrong body part happens.

Somethings doctors have ZERO control over while a person is opened up. He/She could have done everything text book perfect and still fail.
Doctors and police officers are like apples and zucchini.

I mean it in a different way, it is in the reference to training...not the stupidity of the officer/doctor. And cutting off the wrong body part is caused by stupidity and not training. Just like a LEO pointing a weapon at someone that doesn't meet the threat level, it is stupidity and not training as a lot of departments claim.

 

[OC for ME]

I mean it in a different way, it is in the reference to training...not the stupidity of the officer/doctor. And cutting off the wrong body part is caused by stupidity and not training. Just like a LEO pointing a weapon at someone that doesn't meet the threat level, it is stupidity and not training as a lot of departments claim.

Close, it is criminal, regardless of mental capacity or training. But, the chief, and LE in general, seem to disagree with my assessment.

 

[massivedesign]

I am hoping the OP's recent vacancy from this thread is at the advice of his lawyer...

 

[509rifas]

I am hoping the OP's recent vacancy from this thread is at the advice of his lawyer...

Nope. I just kinda exhausted myself on it, so I returned to quietly lurking in the shadows. The silence is my own decision, but with cause.

 

[DCKilla]

Nope. I just kinda exhausted myself on it, so I returned to quietly lurking in the shadows. The silence is my own decision, but with cause.

Are you going to file suit or not?

 

[Difdi]

'As long as the officer goes home at the end of the night'.

Exactly. Top priority isn't protecting and serving, or obeying the law, or doing the right thing. Top priority is going home that night.

And yet, if a non-police officer were to apply this philosophy, the courts would not be understanding. At all. Why does swearing an oath to uphold the law give you more leeway in breaking it, not less?

 

[amzbrady]

Qik IS the app.

Cellphone is overt, there are other covert methods as well.

I looked for Qik, found one for sprint, one for Atrix, and one for Softbank, what ever those two are. I have T-Mobile don't see a Qik for T-Mobile. Maybe time to get a new recorder, my pen and sunglasses both stopped working.

 

[509rifas]

Those pens are garbage. I've come to learn if it doesn't cost at least $50 its probably junk.
Qik should work on any smartfone, but from how it appears on mine you have to pay for the live streaming feature but I could be wrong.
I've been thinking of getting on of thoe clippy holster type things weird people use to carry a cell fone on a belt and just mounting it on that.

 

[golddigger14s]

Some phones won't support QIK. I had an old LG Alley that did, when I upgraded to a Droid Bionic the app won't show up in the Play Store. My daughters LG lucid does show it as available. So it's not the age of the phone, but the brand and model that is or isn't supported.