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Arrests, Searches, Seizures Arrests, searches including person and car, seizure of contraband, etc.

Questions i'd like to have answers to?

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Old Jan 6th, 2008, 08:36 AM     #1
Concerned Mother
 
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Exclamation Questions i'd like to have answers to?

Hi, i sent another thread recently and i realize it was long and on going, so im gonna try and shorten it up in hopes that i might get a quicker response.

I live in texas, i need to have a few questions answered and at the moment i dont trust any attorneys or anyone in the law enforcement in this area to give me a straight answer and actually know what their talkin about because ive asked quite a few questions already and i keep getting different answers and come on we're talking about the law here so there shouldnt be but 1 real answer to any of the questions i've asked.

Can you tell me if there is a time limit that has to be followed on getting someone booked when their arrested? My daughter was arrested at 7:26 pm on a monday night and tuesday morning when i called the station to find out if she had been magistrated and her bail set, i was told by the lady that answered the phone that no my daughter hadnt been to see the judge yet and that the lady was working on booking my daughter at that very moment because when she had come in to work that morning she found the folder on my daughter and the booking hadnt been completed yet.

Is it a violation of someones civil rights if when their arrested the person is told they can make a phone call shortly and then nothing more is told to them about making a phone call, so no phone call was made? This i know for a fact because i called the station that had my daughter in custody atleast 2-3 times the night she was arrested and asked the person that answered the phone if my daughter had made her call yet and i was even told at one time that she'd be allowed to make her phone call after they finish booking her, which i know did not happen until the next morning. Also i understand things can be pencil whipped, and i know that the police have paperwork stating that my daughter was arrested at 7:26 pm and booked at 8:45 pm, i know this is not true because a lady at the station told me herself she had to finish booking my daughter when she came into work the next morning. Do you have any suggestions of what i might be able to do here?

Please know i understand im not the one that was arrested, but i am the one that is doing whatever i can to help my daughter here because she knows nothing about the law as far as whats legal and whats not as far as her rights and all. So i understand if theres anything we can do about any of this, she im sure will be the one to have do it, its just me doing the learning here and all the footwork to find out what i can.

The arresting officer was told by my daughter that there is a hundred dollars in her purse that she had stolen from the store she was workin at, and that her purse is at my house, but he never came to get it. That money should be considered as evidence right? The police chief himself, days after my daughter was arrested, was even told the hundred dollars that was stolen is in her purse, and he was told while standing on my front porch, and not even he asked her to give it to him. Just letting you know this so you can have an idea of what kind of law enforcement im dealing with here.

If items are handed over to the police as what might have been considered as items bought with stolen money, shouldnt the officer have to tell the person that is accused and arrested of each and every item that was handed over to him and taken as evidence, so that the person would atleast know that the officer has said items? I'm asking this question because there were 4 items handed over to the arresting officer and all 4 items were retrieved by my daughter, but my daughter was only ever told by the officer that he had 1 item. In this case the person that reported my daughter for stealing money helped my daughter spend money not knowing if it was stolen or not and then handed over 4 items to the officer and i have a strong suspicion that atleast 2 of these items were not handed over until after i stated to the law enforcement here that 2 of the items were at that same persons house and as far as i know at the time the officer didnt have the 2 items. We only found out that the officer had more then just the 1 item that my daughter had been told about previously by the officer, because the one that reported my daughter for stealing took these items to the store my daughter was stealing from and my daughters boss later told me himself that the officer had been givin other items beside the 1 item he told my daughter about. This to me is a bit messed up and i feel there should be some kinda guidelines here because in all rights i can imagine items being handed over to a crooked officer and since there seems to be no paperwork thats givin to the one that the items belong to, it would be way too easy for said crooked cop to take such items for himself and there would be no way of proving that the items were even in his possession. My daughter told the arresting officer when she was questioned that it was not the stolen money that paid for said items and as i said she was only told by the officer that he was in possession of 1 item.

Please know i do not expect anything that im asking you about to get the charges brought against my daughter dropped. She messed up and she is going to face the consequences because if she doesnt she wont learn her lesson. Even though i am her mother i believe in right and wrong and all im seeking here in the long run is whats right.

Thank You for any and all help!

Sincerely,
Concerned Mother
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Old Jan 8th, 2008, 12:54 PM     #2
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Default Re: Questions i'd like to have answers to?

That should be happening asap--call the public defender to have them see what is happening if they will.

Even better : have your own lawyer get involved. Worth the cost as sometimes this booking is not done properly.
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