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Civil Case [CHARLES STARK] vs [SAN ANDREAS POLICE DEPARTMENT] for [UNLAWFUL ARREST]

HaveADream

<b><span style="color:#b80000;"t>Ace of Spades</b>
Donator
[ch]SC-100[/ch]


Plaintiff (list names): Charles Stark
Case Number (for clerk): 028

One.
The Plaintiff (the person, business, or public entity that is suing) is:

Name: Charles Stark
Phone: 665303
Street Address (Street, City, State, Zip): Palomino Pub, Palomino Creek, Red County, San Andreas, 115032.
Mailing Address (if different):

If more than one Plaintiff, list next Plaintiff here:
Name:
Phone:
Street Address (Street, City, State, Zip):
Mailing Address (if different):

Two.

The Defendant (the person, business, or public entity being sued) is:
Name: San Andreas Police Department
Phone: 211
Street Address (Street, City, State, Zip): Dillimore Police Station
Mailing Address (if different): N/A

If more than one Defendant, list next Defendant here:
Name:
Phone:
Street Address (Street, City, State, Zip):
Mailing Address (if different):

Three.
The Plaintiff claims the Defendant owes $$2,000,000.00

  • [*=left]Why does the Defendant owe the Plaintiff money? Obstruction of business through breaking into my pub and searching it for hours and by terrorising my customers, aiming lethal fully automatic machine guns at their faces and shouting at them to leave. Also, distracting me from his job in radio broadcasting by detaining me. Furthermor, the officers who arrested him did not state a the proper reason for his arrest, and the seizure of the ammopacks I possessed is not valid as I posses an active weapons permit. I can usually have an income of $2M USD in a good day. They lied and said I was being detained, then arresting me, they didn't read me my Miranda Rights until we were in the jail, they refused to let me speak to attorney before my arrest, They shot at a car I was in, at the doors, and luckily managed to survive not getting pierced by any of the bullets, they brought in a SWAT team for a search warrant, they declared I had 24 hours to bring in evidence, after 20 hours they attempted to arrest me for refusal to give evidence, despite going to the bar to pick up my tapes to take them to Dilimore, when they learned they couldn't arrest me for ignoring instructions as all I asked was why I was being "Detained", which again, they eventually lied about and instead arrested me for trespassing, a crime they couldn't prove nor did I admit guilt to, after all, I own the building, how can I trespass on my own property?
    [*=left]When did this happen? (Date): 10th January 2017

    • [*=left]If no specific date, give the time period: Date started:
    [*=left]How did you calculate the money owed to you? (Do not include the court costs or fees for services.) SAPD totally obstructed the pub, not to mention keeping me restrained for most of the day so I couldn't resume my regular work at the radio station, I am a big business man and my time is extremely expensive, they even ignored my attorney's calls and responded after I already spent so many hours in jail. I can make up to $2m a day and therefore I'm claiming that amount for damage to property, loss of customers, wasting my time, violating my constitutional rights and trauma.


Four.
List the evidence you have regarding the claims listed in three.
  • Evidence 4.1
    • Detail the items/pictures name
    • The actual evidence
    • Description of the evidence presented.
  • Evidence 4.2
    • Detail the items/pictures name
    • The actual evidence
    • Description of the evidence presented.

Five.
You must ask the Defendant (in person, in writing, or by phone) to pay you before you sue. Have you done this?

  • [*=left][X] Yes ---------- [X] No


Six.
I understand that by filing a claim in court, I have no right to appeal this claim.

I declare, under penalty of perjury under San Andreas State law, that the information above and on any attachments to this form is true and correct.

Date: 11/01/2017 Charles Stark



 
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HaveADream

<b><span style="color:#b80000;"t>Ace of Spades</b>
Donator
Re: [CHARLES STARK] Vs. [SAN ANDREAS POLICE DEPARTMENT]

(( Thread title fix [CHARLES STARK] vs [SAN ANDREAS POLICE DEPARTMENT] for [UNLAWFUL ARREST] ))
 

Retex

Banned User
Donator
Re: [CHARLES STARK] Vs. [SAN ANDREAS POLICE DEPARTMENT]

*Would the attorney being in the courtroom also?*
 

hopzzz

<b><span style="background: url(https://goo.gl/2cr
Re: [CHARLES STARK] Vs. [SAN ANDREAS POLICE DEPARTMENT]

*Attorney would be sitting next to Charles*
 

Beatty

MTA:RP Forum Legend
Donator
Justice of the Peace,
Bradley Owens,

Case file 028 is hereby acknowledged and opened, laid forth by the Red County District Court under the San Andreas Judicial Circuit.

To the plaintiff(s), please notify the defendants of said case and provide proof, in writing, of such notice being supplied. Upon notification of the case to the defendant, trial process may begin ((he must reply to this thread stating he understands the lawsuit is open. If he refuses, state so)).

((In addition, provided evidence will be removed. You have no access to dash-cam footage whats so ever as a civilian outside the department. Please provide other evidence in the form of witnesses, damage to any property, etc.))

Regards,
Red County District Court.
 

hopzzz

<b><span style="background: url(https://goo.gl/2cr
Greetings, your honor.
I'm Arnold Smith, attorney of Mr.Stark. I would like to request the footage from the dash cam s tapes of the SWAT units involved in the situation and the footage of the CCTV camera from prison.
Thank you, your honor.
 

Retex

Banned User
Donator
Hello Mr.Smith,
I'm afraid that statements that your client has provided in order to sue the department are invalid points and completely false, we cannot provide the dashcam footage for whatever your client has claimed to have happend, ( There was no one in the bar when we went, No damage was done to the bar as the door was already open). Your client was told he was being detained and was further arrested for failing to comply with the police, we had our full rights to raid the bar as we had possession of a warrant (Under section 8 of the Police and Criminal Evident Act, magistrates can also authorise the police to enter a home to search for evidence of any indictable offence – as long as there are reasonable grounds for believing that the police will not be able to obtain the evidence without a warrant.)


Retex Waltman then turns his head as he would look at Bradley
Your Honour,
I believe if the department wins this civil case, Mr.Stark will have an extended time in prison as full charges were not enforced.
 

hopzzz

<b><span style="background: url(https://goo.gl/2cr
Your honor.
I'd like to state that my client did not fail to comply, asking questions is not the same as non-compliance. Moreover, police are required to Mirandize a suspect if they intend to interrogate that person under custody. Their lack of knowledge to this rule means more chance of this case being overturned in court due to poor procedure on their part. Besides, SAPD only had a warrant to search the bar which you didn't need SWAT for, a simple CPU unit would've done the job. Additionally, your officers terrorised my client's customers by aiming guns at their faces and shouting at them to leave, which was uncalled for.

I have a few things to clarify.
  • Mister Stark was informed by SAPD to bring in a security tape within 24 hours, however, they came in to arrest him before the 24 hours have ended. SAPD got the warrant in 21 hours and detained my client for refusal to bring in evidence, this brings the legitimacy of the warrant in question.
  • My client was not arrested for non-compliance, he was arrested for trespassing, as what evidence the department has for this crime, there is none.
* Arnold then turns his head as he would look at Retex. *

I have a few questions I'd like you to answer for me.

  • Who issued the warrant?
  • The San Andreas Law states that my client had the right to an attorney upon request, he indeed requested one but his request was illegally denied. Why was that?
  • Refusal to bring evidence to the court is suspicious, why would they not hand in dashcam footage?
All of the above violates the sixth amendment.

Also, I would like to present a witnesses which I think is vitally important in ensuring justice is done. I believe her testimony is crucial to the outcome of this case.

* Arnold elevates his hand signalling the court's door. *
 

knoppen5

New Member
* Josephine Moore walks into the court room as she stands before the bench. *
Greetings your honor.
I'm ready to swear the oath.
 

Retex

Banned User
Donator
*Retex Waltman looks at Arnold as he speaks*
Mr.Smith,
I believe your client has only told you lies, as he was sit in his vehicle for 5-10 minutes until the police forced him out, he was also read his miranda rights when in prison and was informed of what he was being arrested for, Your client was also allowed to see an attorney hence why he was bailed. Poor procedure on our part? we did everything we could to keep Mr.Stark safe as he was transported in a level 6 armored truck. We had a warrant to search the bar, correct but we also needed Mr.Stark's Co-operation which he failed to provide and failed to comply when we asked him for his co-operation, Mr.Stark has been detained for firearms before hence why SWAT was bought out as we were performing a raid on an armed suspect. When we visited the bar there was not ONE single person inside, so there was no one to terrorise and scream at, all the footage will be provided in the dashcam and surveillance which i currently have in my pocket.
* Retex Waltman reaches into his pocket as he reaches for 2 SD Card's*
This one is the cruisers Dashcam and this is my personal camera.
Furthermore, the warrant was issued by the court of law themselves after hearing about the news taken place at the bar, and the SAPD was called in for the raid.
Your client was not denied an attorney otherwise he would not be on bail right now.
We do have the dashcam footage.

*Retex Waltman turns his gaze to Josephine Moore as she walks into the courtroom then turns his head to Bradley*
Your Honour,
This is the women that assisted Mr.Stark in attempt to evade while Mr.Stark was being detained, thankfully, we did not allow it and spiked the car tyres.
 

Beatty

MTA:RP Forum Legend
Donator
* Bradley would grab his gavel, knocking it against the stand twice in quick succession

Mr. Waltmen, you will re-frame from instigating further argument or insults aimed toward anyone else in the court room. Doing so again will result in me holding you in contempt, do you understand?

The court would also like you to present any recorded footage of the incident. ((Please remove any OOC chatter or non-relevant information that may be turned into bias)).

Mr. Arnold, please present to the court room your witness and testimonial.
 

HaveADream

<b><span style="color:#b80000;"t>Ace of Spades</b>
Donator
(( Oocly, I was NEVER arrested for firearms, I've had a gun licence and held only legal firearms until Royal Flush became an official faction, at the time of this arrest I held a valid gun licence and held only legal firearms, purjury >:) ))
 

knoppen5

New Member
Greetings your honor!

I was there at the scene when the SWAT units raided the pub, there was three SWAT cars and six officers. They were rather brutal.. Running around while aiming their firearms at anyone who came near the pub while yelling at them to leave the area. It was terrifying... I work at the pub so I had the right to know what was going on. I asked them multiple of times but they refused to tell me anything Eventually one of the officers threatened to seize the pub if Stark doesn't show up I did everything I could to bring him there. When Stark showed up they arrested him, even doe they many times told me he only were getting detained. Stark did durring the case ask for what he were beeing arrested but noone of the officers did respond.

I never attempted to evade, only move the car closer to the sidewalk by parallel parking as my car was poking out towards the road and I didn't want to obstruct traffic. Because of this, one of the officers opend fire against the vehicle and about 4 shots did hit the engine block, and one shot went through the windshild. I am still scared of driving just in case it happened again and who knows, maybe wouldn't be as lucky as I were that day. I even had to sell the car in order to deal with the trauma associated with it. The police didn't close off the area and they did not until very late inform peopel about the situation.

I am unaware, as a worker, of anything that occurred at the bar that violated the law.

(( Logs ))
 
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DrJoseEvil

MTA:RP Forum Legend
Donator
Greetings your honor!

I was there at the scene when the SWAT units raided the pub, there was three SWAT cars and six officers. They were rather brutal.. Running around while aiming their firearms at anyone who came near the pub while yelling at them to leave the area. It was terrifying... I work at the pub so I had the right to know what was going on. I asked them multiple of times but they refused to tell me anything Eventually one of the officers threatened to seize the pub if Stark doesn't show up I did everything I could to bring him there. When Stark showed up they arrested him, even doe they many times told me he only were getting detained. Stark did durring the case ask for what he were beeing arrested but noone of the officers did respond.

I never attempted to evade, only move the car closer to the sidewalk by parallel parking as my car was poking out towards the road and I didn't want to obstruct traffic. Because of this, one of the officers opend fire against the vehicle and about 4 shots did hit the engine block, and one shot went through the windshild. I am still scared of driving just in case it happened again and who knows, maybe wouldn't be as lucky as I were that day. I even had to sell the car in order to deal with the trauma associated with it. The police didn't close off the area and they did not until very late inform peopel about the situation.

I am unaware, as a worker, of anything that occurred at the bar that violated the law.

(( Logs ))
((That shot was a mc, as said by retex))
 

Beatty

MTA:RP Forum Legend
Donator
* Bradley would be approached by the bailiff, who whispers something to the judge.
* Retex would slowly stand and walk out of the court room


Attention, due to an unexpected serious of unfortunate events, the court will hereby request the plaintiff to file an -url=https://forums.mtarp.co/showthread.php?t=7524]application of default[/url] with the court. Until such time, court is hereby dismissed.

((PM it to me)).
 
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