The Fourth Amendment Explained- Criminal Procedure- Part 1
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- เผยแพร่เมื่อ 5 ก.ย. 2024
- Here I am explaining the general definition of the Fourth Amendment. As I said in the video, this will be a series of videos so I plan to upload more videos explaining this topic.
This is for legal educational purposes only, not legal advice.
What can I do if I can provide evidence that an officer lied in his affidavit to obtain a warrant for my arrest, with no evidence whatsoever that I committed a crime or was about to commit a crime? In fact I told the officer a week before he got a warrant for my arrest (when he came to just give me a summons to court for misdemeanor assault) , that I had no idea what he was talking about but I would go to the court and prove to the judge that I was innocent! A week after I received my summons the same officer showed up to my mothers place with supposedly a warrant for my arrest. I said supposedly because when I asked to see the warrant, he immediately pulled out his taser and pointed it at me while my mother was standing in between us and said “I don’t have to show you anything, you can’t tell me how to do my job! And if you don’t come with me right now I will tase you for resisting arrest!” I told him “Hold on man I’m on parole and part of my parole agreement is that I have to go with police officers any time they asked me to, but you said you had a warrant I just wanted to read it and see my charges, but I will go with you without resisting arrest.” Come to find out that it was for the same thing just that this time the officer made up charges hoping something would stick. I was charged with
Second Degree assault with a deadly weapon
Tampering with evidence and
Criminal mischief
Now here are the facts
First of all no witnesses or the victim ever mentioned my name to the police officer
Second the victim originally stated to the police that he was “jumped” by 5 men and that him and his friend were extremely intoxicated and had to many shots and to many beers
Third other witnesses said that they did not see any fights and didn’t know what happened but that they were hanging out with “Big J”
Fourth one witness said that “Big J” defended himself using just his fists
Fifth there was never any weapon mentioned by anyone ( victim or witnesses)
And finally fact number Six I did almost 8 months in jail proving that I was innocent until my preliminary hearing where the police officer stated that he was never given my name from anyone he had just got it from his police profile on his computer, that he didn’t even try to get me identified with any of the witnesses or the victim because he knew I had to be the perpetrator. Mind you in his affidavit for the warrant the officer stated that everyone even the victim all used my full specific name to identify me to him, which was a lie he admitted in the preliminary hearing.
I believe if it wasn’t for the lie on his affidavit he would not have been able to obtain a warrant for my arrest and made me lose my job, my life, and so many things because of this. I tried to contact lawyers but I didn’t get to far because they were saying that he had qualified immunity but I never got the chance to explain everything in detail I was always dismissed.
After my preliminary hearing all my original charges were dropped by D.A. And I was released. I have all documents and wasn’t sure if I had a case or not? I just wanted to see if you could help me understand how this all works and if in your opinion if you think that I might have a case?
Get lawyer Amen