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  #1 (permalink)  
Old 10-22-2006, 11:39 AM
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Exclamation please help!!!!!!

my husband was in a minor hit and run the other vehicle fled he went to the police department to report the incident upon arriving he was notified there was a warrant for his arrest, the focus became on the outstanding warrant and the accident was disregarded. The officer added new charges of under the influence and without my husbands consent called his employer to advise that he had been detained. My husband was fired due to the officers phone call. The warrant was dismissed turned out someone else had used his name but the "system" was never updated to reflect this correction. Is there any possibility that the new charges can be dismissed due to the bogus warrant being the only reason they were able to search his person and collect a blood sample? The warrant was from 2001. Did the officer violate any rights by contacting his employer? I want to file a complaint but do not know if it will be substantiated?
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Old 10-22-2006, 01:25 PM
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Quote:
Originally Posted by d-cowboys
my husband was in a minor hit and run the other vehicle fled he went to the police department to report the incident upon arriving he was notified there was a warrant for his arrest, the focus became on the outstanding warrant and the accident was disregarded. The officer added new charges of under the influence and without my husbands consent called his employer to advise that he had been detained. My husband was fired due to the officers phone call. The warrant was dismissed turned out someone else had used his name but the "system" was never updated to reflect this correction. Is there any possibility that the new charges can be dismissed due to the bogus warrant being the only reason they were able to search his person and collect a blood sample? The warrant was from 2001. Did the officer violate any rights by contacting his employer? I want to file a complaint but do not know if it will be substantiated?

No. The police had "probable cause" to arrest him. Besides, he was also arrested for being "under the influence." Going to a police station while Under the Influence is dumber than dumb.

It's time to get a smarter husband.
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Old 10-24-2006, 10:52 AM
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Quote:
Originally Posted by Westside Law
No. The police had "probable cause" to arrest him. Besides, he was also arrested for being "under the influence." Going to a police station while Under the Influence is dumber than dumb.

It's time to get a smarter husband.
I have never heard of any police department calling an employer. That just doesnt sound right to me - must not be the whole story. But if they did call and that is the whole deal then no, I would think they are wrong. And the employer didnt have a right to fire him - unless he needed his license for the job
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Old 11-03-2006, 09:45 PM
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Ummm... maybe it's because I'm blonde, but... how would the police officer know your husband's employer? I suspect he was blathering something about "Aww, mannnn, you GOTTA let me go--I'm gonna be late for work. Can ya call my boss for me?"

Bingo.
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Old 11-04-2006, 05:55 AM
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Quote:
Originally Posted by GentleGrace
Ummm... maybe it's because I'm blonde, but... how would the police officer know your husband's employer? I suspect he was blathering something about "Aww, mannnn, you GOTTA let me go--I'm gonna be late for work. Can ya call my boss for me?"

Bingo.
Cops can find out most anything. I live in a town of over 80000 people and some of the police know me personally, ironically cause I used to drink with a lot of them in my younger days. But they can find out most anything. I had cops call me at work over a summons before. Still doest make sense that an employer would just up and fire someone unless the person had caused problems before and the employer was just sick of it.
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