police4aqi

Police, The Fourth Amendment, Qualified Immunity

This is something that happens too often

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Link to federal District Court opinion

Quote:

On April 26, 2010, the Officers attempted to serve an arrest warrant on Watts (for some very old traffic citations) at his residence. (Stacy Watts Dep. 9-11; Brian Watts Dep. 16-18.) Watts was not home at the time, so the Officers told his wife about the warrant and that they would return in two weeks. (Stacy Dep. 12.) After learning of the warrant, Watts promptly paid the traffic fines. (Brian Dep. 19-20.)

Thus, Watts was surprised when the Officers returned, arrest warrant in hand, two weeks later. (Brian Dep. 35-36.) After greeting the Officers, Watts and his wife spent forty-five minutes trying to explain that the tickets had been paid, but to no avail. (Brian Dep. 36.) Although understandably frustrated, Watts remained cooperative when placed under arrest.On April 26, 2010, the Officers attempted to serve an arrest warrant on Watts (for some very old traffic citations) at his residence. (Stacy Watts Dep. 9-11; Brian Watts Dep. 16-18.) Watts was not home at the time, so the Officers told his wife about the warrant and that they would return in two weeks. (Stacy Dep. 12.) After learning of the warrant, Watts promptly paid the traffic fines. (Brian Dep. 19-20.)

Thus, Watts was surprised when the Officers returned, arrest warrant in hand, two weeks later. (Brian Dep. 35-36.) After greeting the Officers, Watts and his wife spent forty-five minutes trying to explain that the tickets had been paid, but to no avail. (Brian Dep. 36.) Although understandably frustrated, Watts remained cooperative when placed under arrest.

Comment: This fact pattern happens far too often. It is difficult to get worked up over a single case, but, when one follows civil cases against policemen, there is a drip-drip-drip of this fact pattern, and it seems like high time that courts fixed this problem by giving written documentation of paid fines (and other “taken care of” matters) that indicate that the written documentation is sufficient to quash any arrest warrants based upon the matter (for example, fine payment) that has indeed been duly taken care of. I don’t see any good excuse as to why this kind of problem is allowed to continue to exist in modern times.

Written by Burgers Allday

October 8, 2013 at 3:38 am

Posted in Uncategorized

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