Home » LAW »» CRIMINAL LAW & PROCEDURE

Wrongfully arrested. (CRIMINAL LAW & PROCEDURE)

Fri, 16 Nov 2001 17:31:00 GMT

Florida Marine Patrol wrongfully arrested me by not understanding the Net Ban Ammendment. I am appealing a summary judgment where I believe the judge ruled erroneously.
The judge granted the FMP Officer immunity. Here are some facts that I feel were "overlooked" by the Judge. Immunity is not supposed to be granted in intentional violations of clearly established constitutional law or statutes. Do any of you know what statutes were violated in my case. Here are some facts.
Constutional law...1. "Nets are to be measured by their geometrical shape." 2. FAC describes cast nets as "cone shaped nets." 3. 6 months before my wrongful arrest, the SC of Fla. gave a definitive method to measure "cone shaped nets." FMP ignored this and measured my nets in the stretch position...Doubling the actual net mesh. Also..."Nets must be measured in the "open position." My son (Juvenile) was fishing with me in a 14' boat.
What statutes were violated below? I know there must be some...
1. Officer never SAW my son throw the cast net. (Misdemeanor )
2. Officer had me sign the citation, later filling in a false narrative.
3. 3 Officers tried to coerce me to use my JV son in a dangerous night time scheme to entrap another fisherman. They said my son would be arrested and then secretly released to me. If I cooperated, they "MIGHT" lose the paperwork on my case.
4. After losing my only means to make a living, and before my 1st of 7 court dates, I explained the law to the officer... (inc. SC case), and the state's attorney. The SA agreed that the FMP's method of measurement appeared to be invalidated by the SC case, but, as written in his case journal, the FMP officer told him it only applied to shrimp nets and force continued prosecution.
5. 7 court dates and the FMP, as I guaranteed, never showed.
6. Case dismissed, and the officer told the States Attorney to return my nets, instead of showing for the evidence court hearing.
7. I was retraining under title III for fishermen and attending college at this time...I stopped by college on the way to recover my confiscated nets and met Harry Ansted of the SC. He informed me that I was right about the application of the SC case 85,880, and I should have never been arrested. I proceeded to the FMP station and recovered my nets...On the way out the Lt. said, "If you throw those nets again, we'll arrest you again." After sitting down with him and explaining the law, he replied, "I don't care what the SC says, I take my orders from a big building in Tallahassee."
8. I know that by law, the FMP could not return the nets if they were contraband.
9. I have deprived of my rights for 5+ years and have lost 40% of my below poverty level income due to these people. They have made my life a living hell. There is much more than I have written.
10. Do any of you know what statutes have been broken?
Help! Thank You, Dave...Singer Island, Fla.

Comments (0) | Promote | Bookmark |

CRIMINAL LAW & PROCEDURE Open Questions

Wrongfully arrested, & police aren't telling the truth

falsely arrested , my friend was attacked by a 190-250 lb guy , my friend has priors, and knew he could do nothing , but this guy was tearing his shirt and hitting my friend, so my friend kneed him in the head and between his legs while my friend was being thrown around, later that night my......

wrongfully arrested without warrent

My ex-husbands girlfriend filed charges of phone harrassment against me(wrongfully), I was subsequently arrested and was never questioned nor did they have the warrent with them nor could they locate it. I was booked and jailed. All charges were dropped but that does not rectify the humiliation......

wrongfully arrested in virginia

on friday, i have been sent to a detention home becouse, my father said/reported me stealing a car that is NOT in his name...they charged me with "grand larsony"...can they do that?i have the keys, title, and regestration card, but the car is at the appartments.(i moved to disputana va.......

Wrongfully arrested for obstructing a public officer

What is the name of your state?What is the name of your state? Texas I was sitting in the front seat of my friends car while he was driving on a rainy day. He suddenly lost control of the car and slammed into the rear end of a dodge ram truck. We got out of the car and with the help of the......

Wrongfully arrested for being on meth

What is the name of your state (only U.S. law)? California I was arrested in 2006 for being under the influence of meth [I think the charge was HS1150(a) HS]. That was my only charge. I will keep the details short and sweet. I was NOT on meth, I have never done any drugs, and I have a flawless......

wrongfully affiliated

i'm in san bernardino county, california and want to know what i need to do to get a gang affiliation card taken out of my criminal file.i was pulled over recently and because i was driving my friends truck and the cops found a jacket that had a gang logo on it, they took the jacket then asked me......

wrongfully acused

i was wrongfully acused of taking perscription medication. i told the don that i never took them and that the supervisor had the narcotic keys for some of this time i was working in the facility. so my question to you is how do i clear my name? :mad:...

Wrongfully accussed of phone harassement charges

What is the name of your state? NC A friend of mine has been wrongfully accussed of phone harassment. She was served a warrant. She is pleading not guilty to the charge. And was never any threat to the accusser. How can she be recompensed for time, money, and in this case long distance travel,......

Wrongfully accused...

FLORIDA My son is a minor and was accused of something serious by another classmate. The school resource officer took him out of class, read him his miranda rights, and questioned him without me being present and without an attorney. My son answered a couple of questions, got scared and want to......

wrongfully accused of theft

What is the name of your state? SC Almost 1 month ago, I was visiting a gfriend of mine @ her new bf's house. While there an armed man showed up and began shooting his way into the house. 1 of the bullets hit my gf in the leg so when the gunman was gone I took her to the emergency room. During......

Some questions maybe you're interest in...

Refusal to recognize power of attorney

[Wills & Trusts] My father has had me driving all over north Texas the past few days looking at used SUV's, armed with the original copy of the POA papers and a copy of his driver's license and social security card. I finally found the perfect vehicle, at a great price, ninety miles from home. Before we began to.........

What an old Debt?

[Consumer Law & Fraud] What is the name of your state? NC OK! I just rec'd a bill/debt from the following Co: RJM Acquisitions Funding, LLC @ 575 Underhill Blvd., Suite 224, Syosset, NY 11791-3416. They claimed that I owed the original creditor-->Providian National Bank Visa $338.78 in which this account was.........

Vacation Denied

[Employment & Labor Law] Hi I'm hoping someone out there can help me with some information for a situation my girlfriend is currently in with her present New Jersey employer regarding her vacation. Several months ago my girlfriend booked and paid for a flight to come and see me in England at the end of August this year..........

Verbal Contract for tickets

[COURTS, LAWYERS & LITIGATION] What is the name of your state? WA I received a call in regards to a craigslist post I made for 8 tickets to a soccer game. The caller was interested in buying four tickets; however I had already sold six of the eight. I offered her two tickets and she agreed to purchase the tickets and agreed.........

Judgement call.... driving without a license may be worth it... your thoughts?

[Traffic Law] I live in Michigan. I just got a reckless driving ticket for sliding sideways on a completely empty 4 lane road at 1am with noone and nothing within a massive distance to hit or threaten. If I cant get out of the ticket, I get 6 more points on my license bringing the total to 15pts. I have zero.........

Phen Fen

[Accidents & Personal Injury Law] What is the name of your state?undefinedWhat is the name of your state?South Carolina Do I still have legal remedies (compensation) rights as a former user of phen fen. I never took legal action nor registered in the past. thank you, Phillip......

Llc

[BUSINESS & FINANCIAL & Corporate LAW] I am beggining to purchase real estate property for re-sale. I have a partner and we have considered forming an LLC. My question relates to the income that is passed to the partners from the sale of this 'investment property'. Will the income that is passed through be taxed as ordinary income.........

Can I save a partially filled return on the web site? Hawaii

[Tax Law] Yes. On the bottom of each return, there is a "Save" button that will allow you to save the return without submitting it to the Department. When you revisit the web site, simply select the form from the Select Forms page. The saved form will then appear for you to complete and submit to.........

free goods problem

[Consumer Law & Fraud] For Minnesota, A guy advertises goods in the newspaper for free if picked up and hauled away. I contact him and he agrees on the phone that I may have it all. I agree to take it at a later date. He agrees. I call him back a few days later and now he says he decided to keep it. I think some one.........

Do I have the right to sue?

[COURTS, LAWYERS & LITIGATION] What is the name of your state (only U.S. law)? Georgia A couple of months ago, my brother was stopped by the police in my truck. He had a small amoount of marijuana on him and my truck got towed. The next day, I went to the investigations office and was told that I could get my vehicle back if.........