My best friend got arrested because I rolled a square.

[hardnox71]

Wednesday night me and my friend Rob were walking down Armitage and I was rolling a cigarette. Out of the corner of my eye I noticed the 'slick boys' (plainclothes cops in undercover cars) turn off and head north but I didn't think anything of it. We get about another half a block up the street and all of a sudden they come rolling up on us. There was one car with four heads. I was thinking, "Oh, shit, this is gonna be a mess" because they never roll that deep unless they are looking for shit to start.

As soon as I see them stop I automatically pull my one hand out of my pocket so they can see it (Chicago cops are trigger happy). The first thing the passenger cop says to me is, "That's a cigarette, isn't it?"

"Yeah, it is."

They saw me rolling it while they were driving by and thought it was a J. Since they had us stopped they went ahead and gave us both a quick pat down and they took Rob's information. Here in Chicago when you get stopped on the street they write down your information (name, address, description, tattoos, social security #, blah, blah, blah) for their personal records. For some reason they didn't take my information (didn't really matter-every other cop in the city's got it). I do have to say that all four cops were suprisingly tolerable. Not one asshole in the group.

Anyway, five minutes later and about another half a block down the street me and Rob are merrily on our way again when I look to my left and it's these fuckers again! This time they rolled up fast and all four hopped out quick. I could tell something was going on but I just didn't know what the fuck it was. Three of them headed for Rob and one came and stood by me. Next thing I know Rob is in cuffs.

Turns out that when they got in the car after the first stop they ran Rob's information and a warrant popped up for not reporting in to his probation officer. Thing is that he reports in every month like he's supposed to. They just keep fucking up the records. This exact same thing happened to him last summer. Luckily his court date was, like, the next day so it was all straightened out in about three days and he was home. I have no idea when his court date is this time. It could be anywhere from this coming Monday to a month and a half from now. Whenever it is, he has to sit in County until that day comes to get this shit straightened out. He had his probation officer switched after this shit happened the first time so this wouldn't happen again. Ironic, huh?

Question (particularly for Befsquire and Documad but open to all):

Does Rob have any legal recourse in this situation?

[hardnox71]

What's your fucking problem?

This is not a "oh, they're picking on me" thread, asshole. They had a legitimate reason to stop us. They thought I had drugs. They were cordial and so were we. It turns out that Rob's probation office keeps fucking his shit up.

I have absolutley no problems with any of the cops that night. They found a warrant and they did what they had to do and they did it without being complete dicks.

They are not my complaint. In fact, I don't have a complaint. I was wondering if my boy could take any of this shit to court.

Save the smart shit for someone who's gonna listen to it.

[hardnox71]

What the fuck? I'm being totally sincere. You got stopped by the cops for doing nothing wrong and your buddy got done for some mixed up shit. Where did I try and say or imply anything bad?
Oh, my fault then.

I though you were being a smart ass.


In any case, do you know of anything Rob can do about this? I would be absolutely livid if I was sitting in County Jail due to a clerical fuck up---for the second time!!!

[King of Rock $]

I don't know anything about any of this, but that sounds pretty shitty. So your buddy is in county jail until this gets sorted out, and its just a mistake in the administration on "their" part? Isn't there any way he can reach his parole officer, or get an attorney?

[hardnox71]

I don't know anything about any of this, but that sounds pretty shitty. So your buddy is in county jail until this gets sorted out, and its just a mistake in the administration on "their" part? Isn't there any way he can reach his parole officer, or get an attorney?
He doesn't have a parole officer. He has a probation officer. You're only on parole after you've been released from the penitentiary. Rob has never been to prison.

His probation officer will be notified but probably through internal methods, which only God knows how long will take. And even then, the case is already in the system and the only way to bring an end to it is to have it hashed out at the court date.

As for an attorney....I don't really see where he needs one. He hasn't done anything wrong in this situation. I mean, he's no angel as neither am I. That's why he's on probation in the first place but in this instance, like last summer, they fucked up his reporting records and he got picked up on a bogus warrant.

What I was wondering was, when this is all said and done, what could he do legally about this? I mean, this shit is absolutely unbelieveable.

[King of Rock $]

yeah I meant probation officer its saturday and everything.

[hardnox71]

yeah I meant probation officer its saturday and everything.
Oh, you're funny.

You're real funny. :D :D

[befsquire]

in florida, there's an initial appearance within 24 hours where there has to be probable cause to hold the person. that would come from the vop affidavit, which the person gets at his / her vop arraignment about a week after arrest. then the vop hearing date gets set, and that's usually about 45 days away.

if the only listed violation is him missing an appointment, hopefully his story from last year will inspire someone to call the probation officer, or at least get him a bond. is he up to date with all his payments and there's no way he could have a dirty urine or a new law violation that maybe the state hasn't filed on yet?

the officers acted on a good faith basis because a warrant existed in the system. the probation officer's error likely wasn't in bad faith. but there's gotta be something wrong with the probation office's record keeping as a whole, and your friend is being unjustly deprived of his liberty (assuming this really is another mixup again). once this one gets dismissed, he should meet with a civil attorney. most do initial consultations for free.

[ASsman]

Hah, don't leave that car man. Always happens when I run with my boy. Keep my plates and stickers up to date.

On that topic, ran into a narc on the south side. Scared me shitless, looked straight out of that scene in Training Day where they fuck over the old dude. And HK MP5 on his shoulder would not have been out of place. I just thought to my self "Damn".

[Rancid_Beasties]

Over here there is a massive issue with the conflict between statutory powers that give police and other authorties immunity and civil rights. If you are wrongly imprisoned, but the error was made in the course of police work, even if that work was merely paperwork (for instance in the case of Cran v State of NSW: failing to fill out the date of imprisonment so that the case could be heard within the statutory time limit), you will not be awarded damages for loss of liberty. Furthermore, you will not be awarded damages for any physical injuries or psychological damage you suffer whilst wrongly imprisoned.

So if you were in Australia your mate would get nothing.

[hardnox71]

in florida, there's an initial appearance within 24 hours where there has to be probable cause to hold the person. that would come from the vop affidavit, which the person gets at his / her vop arraignment about a week after arrest. then the vop hearing date gets set, and that's usually about 45 days away.

if the only listed violation is him missing an appointment, hopefully his story from last year will inspire someone to call the probation officer, or at least get him a bond. is he up to date with all his payments and there's no way he could have a dirty urine or a new law violation that maybe the state hasn't filed on yet?

the officers acted on a good faith basis because a warrant existed in the system. the probation officer's error likely wasn't in bad faith. but there's gotta be something wrong with the probation office's record keeping as a whole, and your friend is being unjustly deprived of his liberty (assuming this really is another mixup again). once this one gets dismissed, he should meet with a civil attorney. most do initial consultations for free.
Everything is in order with him as far as reporting and urine and all that shit. They just keep fucking up at his probation office. I will tell him about seeing a civil attorney when I go see him next week (if he's not already out by then.)

Thanks, Bef.

[hardnox71]

On that topic, ran into a narc on the south side.
You in Chicago?

[abcdefz]

Oh, my fault then.

I though you were being a smart ass.


In any case, do you know of anything Rob can do about this? I would be absolutely livid if I was sitting in County Jail due to a clerical fuck up---for the second time!!!



From a local story -- which is worse -- it doesn't sound like he has recourse, believe it or not. I have no idea why. But:

..some guy out here has spent a little over a year in prison, off and on, because his sex offence charge was incorrectly listed as a child molestation charge. He kept getting popped for not registering as a child molester, and wherever he'd move, the police would pass out fliers with his picture letting people know a child molester had relocated to their neighborhood, etc. It took him something like 18 years to get it straightened out.

Maybe you could have your friend call the ACLU and see if there's anything that can be done. In the meantime... when someone sees a probation officer, can't they get, like, a receipt or something?

[ASsman]

You in Chicago?
I WAS in Chicago. Im out in the middle of nowheresville now, also known as Belvidere.

[hardnox71]

In the meantime... when someone sees a probation officer, can't they get, like, a receipt or something?
Well, not really. Everything is done by computer and that what the cops go by....that little laptop they have in their cars. If that damned thing says you have a warrant then all the receipts in the world won't make a difference. If you were standing on the street with your probation officer when the cops pulled up it still wouldn't make any difference. Whatever is in the system is what they go by.