Suing a sheriff in Federal Court

[bongomania]

OK, you're right. But where I grew up in NYC, if someone said, "Your full of shit" or "your story is bullshit" that was tantamount to saying you're a liar. But, thanks to your levelheaded discussion, my first realization is, "hey, this ain't NYC" it's a fun gathering of stoners on an anonymous discussion board. So I will no longer take it personally when someone disagrees with me, I will stay much more controlled, just like I have to do when I'm talking with a federal judge about how I was illegally pulled over, illegally searched, and illegally thrown in jail.

As a side note, when I was cuffed and put in the back seat of the copcar to be taken 17 miles to the jail in Richfield, Utah, I told the two cops, "This is the nicest back of a copcar I've ever been in". Which it was, it had real cushioned seats. WOW, just like flying first class. Unlike those rock hard plastic seats that almost all cop cars have. And at the time I didn't know I was in Sevier County until I saw the patch on the shoulder of the transport cops, so I asked, "how do you pronounce that... Sav ee air?"

And they said, "No, it's severe".

I replied, "it sure as the fuck is".

[Zohar]

OK, you're right. But where I grew up in NYC, if someone said, "Your full of shit" or "your story is bullshit" that was tantamount to saying you're a liar. But, thanks to your levelheaded discussion, my first realization is, "hey, this ain't NYC" it's a fun gathering of stoners on an anonymous discussion board. So I will no longer take it personally when someone disagrees with me, I will stay much more controlled, just like I have to do when I'm talking with a federal judge about how I was illegally pulled over, illegally searched, and illegally thrown in jail.

As a side note, when I was cuffed and put in the back seat of the copcar to be taken 17 miles to the jail in Richfield, Utah, I told the two cops, "This is the nicest back of a copcar I've ever been in". Which it was, it had real cushioned seats. WOW, just like flying first class. Unlike those rock hard plastic seats that almost all cop cars have. And at the time I didn't know I was in Sevier County until I saw the patch on the shoulder of the transport cops, so I asked, "how do you pronounce that... Sav ee air?"

And they said, "No, it's severe".

I replied, "it sure as the fuck is".

I kinda agree with you here, although you did get a bit riled up, I think it was justifiable. It's somewhat understandable, police abuse their power often. It's likely quite a rush to be able to assert your rights that this countries founders fought so hard to obtain and protect, one of those things that makes you remember why being an American is a so great.

[DLEEZN]

good luck with the case....im praying ofr you!

[Left]

http://www.mapinc.org/drugnews/v06.n1405.a06.html sais hwy 70 not 50. and now we all know his name.

[keeko]

After my ID, registration, and insurance all cleared, hillin wasn't allowed to ask me if he could search my vehicle. the US Supreme Court has many times said that once everything clears I could either be given a warning or a citation, unless there is probable cause. there was no probable cause but hillin asked anyway. I denied his request. So hillin continued to break the law and he asked to search my vehicle again..

thank you for this story, i was not aware of this^, maybe someday it will help me out. best of luck

[bongomania]

yo Left,

Couldn't really care less if everyone knows my name.:dance: And the reporter doing the story in the Salt Lake Weekly had a typo. I'm not really sure of the point you're trying to make. Either way, I'm the guy with the multimillion dollar lawsuit pending against the Sevier County sheriff and his deputies.imp: And I have a summary judgement hearing on Dec. 19 in the federal court. (If the judge decides this should go to trial, I am looking for a considerable out of court settlement... and you're not).

And Keeko, I'm glad you are smart enough to realize the service I was trying to enable everyone with, a little knowledge of the law goes a long way.

For instance, if you consent to a search while the cop is still holding your ID, you can easily get it thrown out of court (if the cop is holding your ID, your consent to search was not given freely).

[Markass]

I actually call this story BS...If he got a drug sniffing Dog to smell your car and he got a hit, he has every right to search your car (so says the Supreme Court of the United States)
Sorry dude but I dont believe this one at all.

Police Officers have what is called Blanket Immunity, meaning you cant sue the individual cop, but if your rights were violated (which they werent), you can only sue the sheriff department, not the individual

He had no initial probable cause to even bring in the drug-sniffing dog though. Something would have to constitute the need for the dog, such as an odor, or drugs or paraphenlelia in plain sight. Know your rights :thumbsup:

[Hamlet]

Couldn't really care less if everyone knows my name. And the reporter doing the story in the Salt Lake Weekly had a typo. I'm not really sure of the point you're trying to make. Either way, I'm the guy with the multimillion dollar lawsuit pending against the Sevier County sheriff and his deputies. And I have a summary judgement hearing on Dec. 19 in the federal court. (If the judge decides this should go to trial, I am looking for a considerable out of court settlement... and you're not).

I'm skeptical that you're going to see any big settlement because the 'powers that be' protect their own.

But regardless...you're a hero dude! Fight the good fight for us all and help keep the fascists on a leash! Nothing would put the point across more acutely that the 'stormtrooper' shit won't be tolerated than some government agency having to fork over a sizable chunk of revenue. You rule!

[marvelous22]

Take care of business for all of us bongo!

[Left]

My point in posting was to prove you won your first case for those who thought that the officer was within his legal perameters to conduct the search. I did not mean to criticize or anything of that nature. Good luck in court is all.