Monday, February 8, 2010

Officer claimed false charges? Canadian Law?

This morning I was pulled over for a speeding ticket. Within 3 minutes, 4 other police officers were on the scene. The officer came back to my car and told me that there were cocaine trafficing charges against me in another city!!! (This is not true by any means).


Then a different officer came and served me the traffic ticket. The one that claimed the other charges did not return to my vehicle.


No search of my car, no request to get out of the vehicle... I just sat there in my car like it was any other regular traffic violation.





Here's my question....


Should I be concerned about this ';pending'; drug charge? Do you think my name may have come up in the computer for this? If the officers didn't pursue a search of my vehicle do you think the other officer was lying to me? (I have to admit, I gave him some attitude to begin with... I believe this may have been the reason the additional officers showed up - but 4 more??? that's a little outrageous....).





What can I do to find out more about this charge? I asked if it was under my name and drivers license. The 1st officer told me yes, when the other returned to issue the ticket - he told me I'd have to take it up with the other city???





Also, is it possible to lodge a complaint againt the first officer? For slander??Officer claimed false charges? Canadian Law?
The computer we use in Canada will give us possible hits so the dispatcher will say we have a match here and roll back up units. Also you gave attitude during a traffic stop so you admit to escalating the situation. We are the only profession in the world that are killed and injured merely for doing our job, other than in a war zone!





The officer acted in good faith when he informed you that you were awaiting charges etc. It appears that once you actually were given the ticket that the officer had radioed in your exact information and cleared you as being the person named on the computer.





We can not search you or your car without reasonable and probable grounds. Even if the computer said you had convictions for drug trafficking we could not search unless at the time of the stop we had evidence or information to support said search.





A good friend of mine has trouble at the border every year because a man with the same name and a date of birth a few days apart is wanted for murder. He is lucky that he is with a few police officers each time we bike to the Sates!.








No you can not sue for slander as your situation does not even come close to the civil criteria required to establish a case of slander!Officer claimed false charges? Canadian Law?
Probably just a mix-up if you are not guilty. Get it sorted as soon as possible and forget about lodging a complaint. You get a funny story out of it, and you can't touch the police.
Could be nothing. Could be a MAJOR problem. You definitely need to see a criminal attorny about this, ASAP.





The issue here is one of identity theft. Illegal aliens steal identities all the time. If one of them committed a serious crime and assumed your identity....well, that's a problem. A complicated, expensive problem to fix. You will definitely need a lawyers help on that.





The first step is finding out if there are any outstanding charges against you in another city (would help if you knew which one) or worse, any warrants out for your arrest. It would be best that, if they have some guy in custody who has assumed your name, that you make sure they understand that he's lying about who he is....and do something about it.

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