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Taking Out A Warrant To Have Someone Else Arrested

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  • Taking Out A Warrant To Have Someone Else Arrested

    I saw this on COPS. Can this possibly happen in real life?

    A lady went down to the police station and "took out a warrant" on a man she knew, alledging improper sexual contact. Later that day, the police show up at the man's house and arrested him and hauled him off to jail, based solely on the lady's claims, and the fact that there had been a warrant taken out. There was no mention of any judge, investigation, facts, evidence - nuttin'. Only her word.

    If this is true, I can see the potential for lots of abuse... anyone with a grudge against someone else can sure cause that person a lot of misery.





  • #2
    That's because the judge, investigation, facts, and evidence are too boring for TV.
    "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
    -Friedrich Nietzsche

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    • #3
      Originally posted by the Chools
      I saw this on COPS. Can this possibly happen in real life?

      A lady went down to the police station and "took out a warrant" on a man she knew, alledging improper sexual contact. Later that day, the police show up at the man's house and arrested him and hauled him off to jail, based solely on the lady's claims, and the fact that there had been a warrant taken out. There was no mention of any judge, investigation, facts, evidence - nuttin'. Only her word.

      If this is true, I can see the potential for lots of abuse... anyone with a grudge against someone else can sure cause that person a lot of misery.





      You missed something in the Episode,you were not paying attention.The officer clearly stated that the woman went to the Magistrates office!!Now what is a Magistrate??You live in Texas,you have some right in your area.And something else if you were paying attention,he admitted to smacking her,i presume on the butt.That could be considered an assault.You got to pay attention when watching COPS,its the little things you have to catch on.The officer caught on them I guarantee ya.

      Now did you notice the difference between how the Deputy in Riverside Ca,handled the stop on the car with the suspened license driver?The Deputy asks the subject to step out and blocks any escape paths by cornering him in the door jam of the car.Now how did the Florida Deputy handle the car suspected of making a drug transaction.He tells the guy to step out of the vehicle,lets him fiddle aroud with his cell phone,take it off,put it on the roof,then let him step out into the open with a clear escape alley to take off.Its the very little things that you have to catch on.As I was watching the Florida Deputy,as soon as he started talking to the guy,I said to myself,hes going to run.deputy leaves an escape route open.Sure nuff he took off.the wife was watching it with me and swore up and down that I had seen the episode before.Then she swore I had seen the previews,which I had not.It is the little things you have to catch onto as an officer.Do I catch onto all of them on duty,heck no,none of us do.But we need to try.And sitting at home watching it,it is alot easier to catch onto the little things.So try to catch on better.You watch COPS and then ask questions were in the episode pretty clear.Try to be a little bit more observant to what is happening.

      The last paragraph was added in for the younger officers out there.
      Last edited by Bigg Dogg; 09-10-2006, 10:06 AM.
      FILL YOUR HANDS!!!

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      • #4
        You also have to appear before a magistrate in Virginia. And you have to put your claim in writing and sign it.

        Yes, abuse does take place. The police have no control over a complainant that lies to the magistrate. They have to serve the warrant once it is issued.

        We once had a woman who lied and had her husband locked up real often on the weekends. Everybody assumed he was a repeat offender and would never learn his lesson. Her purpose in lying was so she could run around with other men without him catching them. She was finally set up big time, caught, and went to jail herself.

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        • #5
          Come on! She saw it all on cops. They don't edit shows like that. There was no evidence or sworn statements. It was all right there. Right, Chools?

          Chools, do you have a job where people's lives are in your hands or you operate heavy machinery?
          You have no right to not be offended.-Neal Boortz

          Comment


          • #6
            Originally posted by Centurion44
            Come on! She saw it all on cops. They don't edit shows like that. There was no evidence or sworn statements. It was all right there. Right, Chools?

            Chools, do you have a job where people's lives are in your hands or you operate heavy machinery?

            LOL!!She darn sure has a TV though!!
            FILL YOUR HANDS!!!

            Comment


            • #7
              Having gone to the Magistrate in VA to swear out complaints I'll tell you how it goes.

              You go in and fill out the proper form with all of the information, when completed you go into the office itself and give the form to the Magistrate on duty. They will look it over and decide whether it is worth doing. They will then have you repeat an oath: "Do you swear and affirm that the information you have given is true and complete to the best of your knowledge?" You raise your right hand and answer "I Do." The deed is done. If it's not worth pursuing they will usually chew you out and send you packing.

              This is for Misdemeanor and Felony warrants.

              It's a beautiful thing.
              YOU, on your knees!!!
              Green Jello 1990

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              • #8
                Originally posted by So Fla Cop
                Did you ever get the divorce?
                Is that the best BS you could come up with in this subject?

                Comment


                • #9
                  I thought it was pretty good also.
                  FILL YOUR HANDS!!!

                  Comment


                  • #10
                    In Florida, it works similarly. We have a "sworn complaint" process which is this state's replacement for the citizen's arrest. A citizen cannot arrest someone in Florida, period (with a few minor exceptions pertaining to businesses and prevention of the loss of their goods mainly). Anyone can, however, fill out a sworn complaint which is sent to the State Attourney's office, who decides, based on the testimony, if they want to investigate/try to prosecute the case. If the testimony is enough, they will ask a judge to issue a warrant and go from there.
                    Sheriff: We just take turns being the sheriff. It's real easy. You just hang out here, eat some pie, and get drunk.
                    Peter Griffin: Wait. Hold on a second. "Pie," "drunk," "the?" You got yourself a sheriff!

                    Comment


                    • #11
                      So, WTF is a person supposed to do if a BG breaks into their house unarmed? You can't shoot 'em. How in the H*LL are you supposed to detain without deadly force and no citizen's arrest powers? Something's wrong there...

                      You break in my house you ain't going out unless you're in cuffs or a body bag.
                      YOU, on your knees!!!
                      Green Jello 1990

                      Comment


                      • #12
                        Originally posted by CelticCop
                        So, WTF is a person supposed to do if a BG breaks into their house unarmed? You can't shoot 'em. How in the H*LL are you supposed to detain without deadly force and no citizen's arrest powers? Something's wrong there...

                        You break in my house you ain't going out unless you're in cuffs or a body bag.

                        did i miss something???
                        FILL YOUR HANDS!!!

                        Comment


                        • #13
                          Yeah, Gator's post as to the lack of citizen's arrest powers in Florida.

                          That makes no sense to me. In the Commonwealth a citizen can detain for up to 45 minutes before they even have to call the police. You better have a good reason to do so if you wait that long.

                          Now, if you throw a trespasser off your property and they come back and scoot before you can detain them, then you go to the Magistrates office and file a warrant for the offense.
                          Last edited by CelticCop; 09-11-2006, 01:04 AM.
                          YOU, on your knees!!!
                          Green Jello 1990

                          Comment


                          • #14
                            Originally posted by CelticCop
                            So, WTF is a person supposed to do if a BG breaks into their house unarmed? You can't shoot 'em. How in the H*LL are you supposed to detain without deadly force and no citizen's arrest powers? Something's wrong there...

                            You break in my house you ain't going out unless you're in cuffs or a body bag.
                            As a private citizen, and someone breaks into your house, you cannot arrest them.

                            You are, however, more than welcome to put a bullet between their eyes, or if the situation doesnt constitute a Forcible Felony (say, you left your door open and an eldery neighbor decides to snoop around in your home) you can still restrain them or use whatever other force is necessary. You just cant "arrest" them. The police will make the formal arrest when they arrive.

                            FSS 776.031 Use of force in defense of others.--A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other's trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
                            Last edited by GatorPD; 09-16-2006, 08:53 PM.
                            Sheriff: We just take turns being the sheriff. It's real easy. You just hang out here, eat some pie, and get drunk.
                            Peter Griffin: Wait. Hold on a second. "Pie," "drunk," "the?" You got yourself a sheriff!

                            Comment


                            • #15
                              That happens everyday in North Carolina with our f*cked up judicial system. Anyone can go to the Magistrate in their county and come up with some sob story against another person and if the magistrate believes them...the next thing you know, there is a warrant out for your arrest. Not a summons to appear and explain yourself to the judge...a WARRANT FOR ARREST. I like the way North Carolina does things for the most part, but it is way to easy to draw up charges on someone in this state. I have taken many people to jail on warrants that I truely believe are innocent, but never the less I still have a job to do!
                              "if i've got to turn around....catch all the way up with you and cut on the lights.....somebody's gotta pay the light bill"...

                              Comment

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