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Civil Case [JOHN FLOWER] vs [SAN ANDREAS POLICE DEPARTMENT] for [UNLAWFUL VEHICLE IMPOUND]

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Rass

<b><span style="background: url(http://forum.ragez
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[ch]]SC-100[/ch]


Plaintiff (list names): John Flower
Case Number (for clerk):

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

Name: John Flower
Phone: 898-094
Street Address (Street, City, State, Zip: Blueberry Complex Apartment - Apartment 2 - 68836
Mailing Address (if different): N/A

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
$1,000,000.00


  • [*=left]Why does the Defendant owe the Plaintiff money? Because my vehicle was impounded by police just because they found a gun on me which i didnt have a license for.
    [*=left]When did this happen? (Date): 14.12.2016

    • [*=left]If no specific date, give the time period: Date started:

    [*=left]How did you calculate the money owed to you?: The SAPD impounded my car for 2-3 days and i couldnt use it (i am a big business man and my time is expensive). And also police officer cuffed me and didnt even buckle me up and on the way to prison he crashed into police FBI rancher and i hit my head really bad.


Four.
List the evidence you have regarding the claims listed in three.
  • Evidence 4.1
    • Detail the items/pictures name: Police Dashcam ((Post your logs or screenshots if have))
    • The actual evidence http://imgur.com/a/GgF3D
    • 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 ---------- [ ] 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: 14.12.2016 John Flower John Flower
Date: INSERT 2ND PLAINTIFFS NAME 2ND PLAINTIFFS NAME



 

Luka

MTA:RP Forum Legend
Chief Justice,
Anna McBeth,

Case file 027 is hereby acknowledged and opened, laid forth by the Los Santos 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)).

Regards,
Los Santos District Court.
 

Retex

Banned User
Donator
Hello Mr.Flower,
The Fourth Amendment to the U.S. Constitution declares that You, a civilian, have the right to be free from unreasonable “searches and seizures” by law enforcement. The Fourth Amendment's rule against unreasonable search and seizures means that police may not search you or your property unless one of the following is true:
-They have obtained a valid search warrant from a judge, OR
-The search falls within one of a number of exceptions to the warrant requirement recognized by federal and California courts

Exceptions to the rule that police searches and seizures require a warrant vary depending on the type of property that is being searched. Exceptions to the warrant requirement for searches and seizures exist for:
-Searches/seizures incident to a lawful arrest, where the police are looking either for weapons that might be used against them or for criminal evidence that might otherwise be destroyed
-Searches of vehicles when police have “probable cause” to believe the vehicle contains evidence about a crime (this is known as the “automobile exception” to the warrant requirement)
-Searches of obviously incriminating items that are in “plain view” while law enforcement is conducting an otherwise lawful search
-Searches/seizures in emergency situations that are necessary to prevent physical harm or serious property damage, or to locate a fleeing suspect
-The “stop and frisk” of a criminal suspect (that is, a search of his/her outer clothing) while s/he is being temporarily detained (this is sometimes referred to as a “Terry stop”), to look for weapons that might be used against an officer
Chief Of Police,
Retex Waltman.
 
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Luka

MTA:RP Forum Legend
Justice McBeth nods to Retex as he speaks, then turns to John Flower.

Anything to add, Mr. Flower?
 

DrJoseEvil

MTA:RP Forum Legend
Donator
Greetings, Your honor.

I'm Kentwin Rosenberg, attorney of Mr.Flower. I'll like to state that my client informed me that the officers told him his vehicle is was impounded for "his safety", the vehicle does not affect his or anyone's safety while it is not being operated, and the seizure of the vehicle is not valid unless the vehicle itself is evidence, if prohibited possessions in it are found then the items are to be seized and the vehicle is to be left with the local towing impound, not in a extended holding in police custody. Now I also want to mention that the vehicle itself is not evidence, it simply was a storage of my client's item, if you found the contraband in his pants would you confiscate his pants and force him to walk pantless? No, that would not happen, there was no reason to hold his vehicle for that duration, and it has effected his income had no access to his vehicle for work commutes, which is more big of an issue then you think, as he was a successful businessman until his reputation was damaged in the business world and may hinder future success in his work when dealing with outside corporations and markets. Thank you, your honour.
 
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Luka

MTA:RP Forum Legend
Justice McBeth looks at Roseberg as he speaks, then afterwards turns to Retex awaiting his reply.

May I bring the final decision, or would you like to add anything else?
 

Retex

Banned User
Donator
Retex Waltman looks at Roseberg, then to Justice McBeth as she speaks.

No your honour, nothing to add.

Retex Waltman then looks down as his watch, as he would wait for the final decision.
 

Luka

MTA:RP Forum Legend
Justice McBeth looks around, as she starts speaking.

San Andreas Police Department had the right to impound your vehicle as the Fourth Amendment of the U.S. Constitution declares next:
-Searches/seizures incident to a lawful arrest, where the police are looking either for weapons that might be used against them or for criminal evidence that might otherwise be destroyed

However, due to police officer not stating the PROPER reason, San Andreas Police Department will suffer next consequences:
-Pay the Plaintiff a fee of $200,000.00

Case dismissed.

Justice McBeth stands up, slamming the gavel down.
 
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