at my brothers job a tv was stolen and no one knows who took it, so the store called the police, they checked out everybody and found nothing.. the police came to my brothers house with a search warrant looking for the tv. it was not there so they left.. six months later my brother was stopped for a red light and the police said there was a warrant out for him for stealing a 10,000 tv ,and that he was on the run from the police..( what tv, and running from who??) .they locked him up on the spot for 30 days for nothing he never stole a tv , nor ran from any cops as far as we knew the case was close or they found out who really took it.. after 30 days they let him go and said they had nothing on him.. but the cop keeps saying i know he took the tv i just can't prove it.. so my brother life has been turned up side down for something he never done..who do we call my brother is 21 and this cop keeps calling his house talking stuff like i'm going to get you i know u did it, he cant pay a law
2007-01-10 13:27:21 · 8 answers · asked by ladytee 4 in Politics & Government ➔ Law & Ethics
if they have something on him then why did they let him go..he din't get to see ajudge tell 30 days later and they have nothing on him i talked to the lawyer they gave him in jail and she says she don't understand what's going on , the cop said there was finger prints but now he can't find them..the cop keeps telling lies i'm serious..
2007-01-10 13:39:32 · update #1
He can definitely sue them. The rules depend on where you live. Thirty days without being charged is illegal in all states. Most states have to charge you with a crime within a certain amount of time (usually 72 hours) or they have to let you go. Unless there's something missing from this story, this is false arrest and unlawful imprisonment. The law protects citizens who are wrongfully deprived of their liberty by another.
If a person has been the subject of an arrest by the police or other state or federal official which took place without probable cause, in bad faith or if someone deprived that person of their liberty, they may be able to make a claim and recover damages, including attorney's fees and costs. Time is of the essence in many of these cases. In some instances, claims may be barred if they are not brought within a short time after the date of the occurrence.
I suggest getting an attorney. If all is above board in this narrative, they will jump at the opportunity to defend a case like this, especially in a big city.
2007-01-10 13:31:24 · answer #1 · answered by Melli 6 · 1⤊ 1⤋
He needs to hire his own lawyer and file a harassment charges against this overzealous cop. Find out what happened to the theft case, was it closed...find out the status of it. There should be no outstanding warrants on anyone who was never charged or arrested on a case. A search arrant was issued and nothing found. Case closed on your brother. They have him as "on the run" but if he never left he was a false accusation. Wow....what a mess...but do straighten it out once and for all...sounds like your brother should have monetary recourse for this one. Do it. His civil rights have been violated big time...30 days, yikes! Get that changed as wrongful imprisonment. Good luck and know you MUST follow through on this. His life will be hell from here on in if you Don't. You must hunt this dog down and make the town pay all his legal fees as well.
2007-01-10 21:57:42 · answer #2 · answered by Anonymous · 1⤊ 0⤋
well get your brother a good lawyer and go see a judge. the cops can't lock you up on no proof. take this cop to court and get him to prove that your brother stole the TV.
2007-01-10 21:55:39 · answer #3 · answered by cajin_dreams 2 · 1⤊ 0⤋
u need to contact a lawyer...isnt that harassment? maybe its racial profiling or tht cop has somthing against yur brother thats completely wrong and u should contact a lawyer.
2007-01-10 21:32:14 · answer #4 · answered by NiNJaWhAT?? 2 · 1⤊ 0⤋
He Can surely file a complaint. It seems like the Policeman is overstepping his bounds.
2007-01-10 21:35:50 · answer #5 · answered by Robert B 4 · 1⤊ 0⤋
He can get a free lawyer.. which he should have gotten if he really got locked up for 30 days.
Something sounds fishy here.
2007-01-10 21:31:14 · answer #6 · answered by Anonymous · 1⤊ 2⤋
Sounds like there's more to the story.
Cops don't generally go to that much effort unless they're pretty sure they're right.
2007-01-10 21:31:25 · answer #7 · answered by Anonymous · 0⤊ 1⤋
call legal aid thats harrasmant
2007-01-10 21:31:00 · answer #8 · answered by kelly r 4 · 1⤊ 1⤋