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Showing content with the highest reputation on 11/06/2017 in all areas

  1. 1 point
    Hot pursuit/Fresh Pursuit.I wasn't saying,and am not saying,they didn't have a right to chase the suspect,but obviously,while in hot pursuit,they lost sight of him,and didn't know whether he entered the cabin,or possibly ran past the cabin much further away,so they had nothing to confirm their belief that he had in fact gone into the cabin,and they had as much reason to suspect that he had ran as far as he could in hopes of getting away.
  2. 1 point
    Well,maybe CA police procedure is different than my jurisdiction,but here in Georgia,in this particular situation,where they already had the evidence of the crime,if the police suspected that a suspect had fled into a "dwelling," they would have set up a perimeter around it,preventing escape,and sought a Magistrate/Judge,to issue a warrant.It's a very highly effective procedure that protects law enforcement from being accused of violating a suspects rights against illegal search and seizures. Now I understand the "exigent circumstance exception,"but Where were the exigent circumstances in this case where they already had the evidence,which couldn't be destroyed,and probably enough officers to prevent the suspect's escape til they got a warrant? The exigent circumstance issue,doesn't even begin to answer,what it was that made them them they had "probable cause" to begin with to bust in the cabin.I mean as it turns out,there was no one inside there,so they couldn't have seen anyone go in,and couldn't have heard anyone inside either.All they had,is the other suspect,stating that "the other guy ran in the direction of the cabin,so,it appears they were acting on no more than a "mere suspicion,"and nothing else. From what I see here,all the Officers involved just done what was convenient over what was legally permissible,and their gross egregious conduct in destroying the OP property is the best example of what kind of law enforcement officers these people really are.
  3. 1 point
    Hey dude,if the damage total is $5,000 as you claim,the small filling fee which you will get back in the judgement is well worth you pursuing this matter to the fullest,and as far as the warrant goes,if it exist at all,(I seriously doubt it exist,)they will want to present it to the judge to support their case,but have you tried to call the clerk office in this county to see if they have it? Another thing you should really consider.In pursuing legal action against this county,you may help prevent this from happening to someone else.
  4. 1 point
    doucar

    County won't pay restitution for their mistake.

    The filing fee for small claims court is minimal. I would suggest you invite a reporter to the hearing. Other than your time, the filing fee and service of process fee would be all you would be at risk. As a former small claims court judge in California, I could not care less where the sheriff's office was located relative to the courthouse. Just be sure you meet the filing deadline.