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This is BS

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This is BS

Postby X-Team » January 17th, 2002, 3:08 am

Anyone who read my post about Fish and Game, and anyone who didn't, I suggest read it. Now my father is facing a year in prison... which started out for not being registered... What happened to LIVE FREE OR DIE? My dad did not know what he was being charged for, Officer forgot to tell him, Officer forgot to read rights, officer had no properable cause. All this will be brought on him... Bad officer? YES INDEED... should he hold his possition? NO!
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This is BS

Postby NYSonic » January 17th, 2002, 3:13 am

For a fee I can take this officer...ummmm out to luch and talk to him. That is phucked up X. I hope things go your dads way.
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This is BS

Postby Xtreme XC » January 17th, 2002, 4:33 am

I just read your other post... so you were riding on private property? If so yes that is false arrest, and trespassing. If the officer was told to leave and didn't, he is at fault. Press charges on him for false arrest AND trepassing.

I assume this was on your own property. You ONLY have to register a RV if it's going to be used on public land.
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This is BS

Postby yamaha-sucks » January 17th, 2002, 5:44 am

you dad did nothing wrong! you should win that case easily. if not, hire nysonic and kick the guys ass!
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This is BS

Postby CatmanZR800 » January 17th, 2002, 6:02 am

X-Team,

Mistake #1 by the officer is that he did not read your dad his rights.

By law, he has to. Your dad will easily beat this...guaranteed!


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This is BS

Postby Luv2sled » January 17th, 2002, 6:17 am

Get a good lawyer and I guarantee you this case gets dropped. I had a similar experiance about ten years ago here in Indiana and that's all it took! In hindsight, your dad probably should have kept his cool (although I understand where he was coming from)! Good luck
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This is BS

Postby SlapNuts » January 17th, 2002, 6:31 am

Obviously there are always 2 sides of every story, we have heard X-Teams, and I am not writing this doubting what X-Team has said, but..... the judge will hear both sides.

It is hard to believe that F&G was just driving down the road and decided to pull in your friends driveway for no apparent reason and start busting your chops. Typically this type of action is a result of probable cause, ie... he saw someone riding off of your friends property, a neighbor called to complain, or they have had trouble in the past with your friends etc.... They legally have a right to enter your friends property with probable cause. The judge will decide if probable cause existed, and if there was none, the case regarding the unregistered ATV will instantly be dismissed.
There is something missing here though, as having an unregistered ATV parked in the yard or garage does not carry a 1 year sentence. Resisting arrest does though. If your dad was charged with resisting arrest, that charge will remain to be tried regardless of the registration sticker issue. The judge will review the circumstances of the case (ie... justifiable cause above Y/N?) and as long as there was not a physical nature to the resist, or your dad does not have a past civil record of the same type of behavior he will show leniency and probably dismiss or issue a minimum fine and court cost. If justifiable cause was determined in the above case, or if it became physical then it's OH s**t time.

The bottom line is society cannot permit the public to decide if a law officer is justified in his actions when they receive a citation, and then use that as an excuse to resist arrest. Mayhem would ensue. That is what the courts are for.

That's not to say the F&G wasn't a major prick who liked to throw his authority around to stroke his ego, and this could have, should have and would have all been avoided if cooler heads prevailed. Good luck to your dad.
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This is BS

Postby X-Team » January 17th, 2002, 8:57 am

SlapNuts, believe it or not, yes the F&G did infact just pull up for no reason. He actaully talked to us for 5-10 min nicly, not really about anything, almost as friends! it began like this "Hey how ya doin?" - "Good and yourself?" etc. Also, my dad was the one who said "arrest me" he did not resist at all. My dad would not repeat his name and address, because he already said it once, and felt it was the officers fault he didn't write it down. We are also counter suing for false arrest, harrasment, etc... I know it seems weird that the F&G did this, but it happend, I saw it with my own two eyes...
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This is BS

Postby X-Team » January 17th, 2002, 9:02 am

Also Slapnuts, my dad has no tickets on his record, his record is clean... My dad never like ever breaks the law... He just thought this officer was full of $h!t, and let me asure you, he was...
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This is BS

Postby Uker2 » January 18th, 2002, 12:38 am

I think it would scare the hell out of all of you if you knew all the power that the Division of Wildlife has. (That's what its called in Ohio.) They've been known to search vehicles, boats, garages and freezers in basements. If they suspect poaching, over-bagging, firearms violations, etc., they might as well be God here in Ohio. Is anyone else sick of the buzz-cut, combat-boot, chip-on-shoulder, 280 lb. guys that seem to be coming out of the acadamies these days? Good luck with your case; if your giving us the straight dope, your attorney should have no problem with this.
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