Author Topic: More Legal Advice Needed....  (Read 1829 times)

Offline Holden McGroin

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« Reply #30 on: September 30, 2007, 12:06:00 AM »
Quote
Originally posted by Regular
Too long to read.


That will be the majority opinion when the Supreme Court reviews the case in 2009. (Justices Stevens and Souter dissenting writing in thier opinion, "It wasn't all that long")
« Last Edit: September 30, 2007, 12:23:48 AM by Holden McGroin »
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Offline CptTrips

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« Reply #31 on: September 30, 2007, 12:28:15 AM »
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Originally posted by rpm
Let me guess. You live at Westdale Hell...err Hills. The first and last place I ever rented an apartment.

I'd tell the cops what happened and go with them to retrieve my package. I'd also expect to find a broken camera when you open the box. Definitely follow up with management and corporate.


Centreport Landing Apartments.  It was nice when I first moved there.  Its become a gang-banger he!!.  

Wab
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Offline lasersailor184

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« Reply #32 on: September 30, 2007, 12:34:20 AM »
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Originally posted by fuzeman
Next time you get a delivery, pick it up when Miss Tatoo is there. Hopefully she'll be on the phone and the same thing happens.
This time however, you will have recorded the whole thing with the little tape recorder you have in your pocket.


Actually, this would accomplish nothing.  Recordings of someone without their permission or a warrant cannot be submitted as evidence.  You could catch her admitting to the assassination of every single dead president, however it would mean nothing if it was just in your pocket without her knowledge.
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Offline CptTrips

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« Reply #33 on: September 30, 2007, 12:54:29 AM »
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Originally posted by eskimo2
I'm not saying that this is the best idea, but I'd file a complaint against her right away.  I think this is theft.  Don't let her make all the moves and put you on the defense only.  Call the police when those two goons are off their shift.  Get someone with a better attitude; they showed up on her side

Also, don't you have any kind of a landlord you can call?  Id work at getting her fired.  Id also threaten leaving; you are more valuable than she is.  They wont evict you, good tenants are hard to find.



Thanks for the support Eskimo.  Honestly I don't fault the cops.  They had no idea of the situation they were walking into.  And I was pretty wound up.  Once the facts were out they relaxed and were cool.  

My only beef is they would not help me go get my stuff, but I guess they have their boundaries.

Wab
Toxic, psychotic, self-aggrandizing drama queens simply aren't worth me spending my time on.

Offline Dichotomy

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« Reply #34 on: September 30, 2007, 12:55:00 AM »
however it can be admissible during a deposition.  So long as one party is of legal age during the conversation it can be brought up at that time.  While it's not admissible in a court of law the deposition becomes a part of the official documentation.  

I got custody of my kid based on taped conversations between my ex wife and I.    Granted I told her that I was taping the conversations she was dumb enough to rise to the bait that I laid out for her.  

It is NOT illegal to tape conversations as part of the evidence gathering process.  Take a look at videos from police cars.  Do they always tell the perp that they're being recorded?
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Offline Holden McGroin

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« Reply #35 on: September 30, 2007, 12:55:44 AM »
Quote
Originally posted by lasersailor184
Actually, this would accomplish nothing.  Recordings of someone without their permission or a warrant cannot be submitted as evidence.


Quote
A foundation for authentication of sound recordings was established in the federal courts in United States v. McKeever, and upheld in cases such as United States v. McMillan. In McMillan the court ruled that where a government agent testified that he heard the voice .of an informant at all times when he was making a recording of a telephone conversation, that this part of the conversation was accurate, and that immediately after the telephone calls were completed, a tape was replayed by the agent in the informant's presence to verify that the conversation had in fact been recorded and that the instruments were operating correctly, it was sufficiently established that the recordings were true and accurate as a basis for their admission in evidence.


Quote
Voluntary elicitation of the recorded conversation:as long as one participant in the conversation is aware that he is being recorded, the tape fulfills this final requirement. This means that a defendant's Fourth Amendment rights are not violated when the conversation is electronically monitored by a government agent with consent of the government informant in the investigation.


And that's when the government is doing it.  A private citizen can submit recordings to law enforcement and the rules are less stringent since the government was not involved in the act of recording.
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Offline Pooh21

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« Reply #36 on: September 30, 2007, 01:03:24 AM »
Wow that sucks All the Leasing Office Women I deal with during my day are for the 97% professional, even in in propertys with a few hundred units they know their residents Apt by just their last name.

You can also try contacting UPS once she signs for the box she is responsible for it so if it damaged then the Apt managment is responsible then for loss or damage.I dont really know what they do in this situation though you might want to contact them though. as I said all the ones I deal with are professional and the place that isnt professional main sin is too long of lunches and this has not happened to me before.
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Offline LePaul

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« Reply #37 on: September 30, 2007, 01:34:55 AM »
Honestly, based on the expense of lawyers and all....I'd chill out, talk to the building management and see what plays out there.  If they give you a ton of crap, its time to go apartment hunting.

Also, in regards to UPS...if the Center is close to where you live, you can request the package be "Held for Pickup" at the center.  This saves you all the hassles of dealing with the gang-banger babe/management.

Or, get a Mailboxes Etc/UPS Store mailbox, where they can sign for your parcels.  And they are open Saturday.

Offline Jackal1

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« Reply #38 on: September 30, 2007, 05:25:57 AM »
Move.
Democracy is two wolves deciding on what to eat. Freedom is a well armed sheep protesting the vote.
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Offline thrila

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« Reply #39 on: September 30, 2007, 05:42:54 AM »
Have UPS deliver some fish guts and errr...forget to pick it up.:D
"Willy's gone and made another,
Something like it's elder brother-
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Offline thrila

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« Reply #40 on: September 30, 2007, 05:44:06 AM »
Or atleast until you get your other package
"Willy's gone and made another,
Something like it's elder brother-
Wing tips rounded, spinner's bigger.
Unbraced tailplane ends it's figure.
One-O-nine F is it's name-
F is for futile, not for fame."

Offline Neubob

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« Reply #41 on: September 30, 2007, 05:48:20 AM »
You may have a Trespass to Chattel claim against her. She denied you access to property that was yours--plain and simple.

Unfortunately, in this particular tort, if you want compensation you generally have to prove damage. If you take her fat ugly neck-wagging bellybutton to court you will have to explain to the judge how your inability to access your camera cost you money, or prevented you from making money. That's for your compensatory claim. A punitive claim is another matter, and does not require a proof of actual damage. Duress, anguish, discrimination, all that good stuff comes into play there.

However, there is another way to approach this. She is an employee acting within the scope of her duties as an employee. The doctrine of Respondeat Superior dictates that her employers may be held responsible for her actions if such actions were committed in the course of, and in relation to her normal job functions. Therefore they very well may end up liable for her behavior, and any damages, either compensatory or punitive may fall on their shoulders. Their reaction to a demand letter, and the subsequent complaint is anybody's guess. If you get a real bastard of a lawyer (especially working on contingency), he'll also try to get them on negligent retention--but only if you prove malice.

In law school, the first thing they teach is that there is never a definitive answer other than the universal 'it depends'.  What this will depend on is your lawyer, your judge, your jury, and, most importantly, your defendant. Get lucky and she'll never forget the day she laid eyes on you. Get unlucky and you'll only end up with your nerves frayed even more than they already are.

Good luck.
« Last Edit: September 30, 2007, 06:20:17 AM by Neubob »

Offline Curval

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« Reply #42 on: September 30, 2007, 07:56:32 AM »
I don't understand at all why he has to wait until next week to get his package.

Now, I'm not into astrology, so I changed his story around into something that might mean a bit more to those of us here who likewise are not into astrology.

Let's assume for a second that he was picking up his brand new CH joystick, with HOTAS and rudder pedals.  Let's also assume that he had organised his weekend to get some free time for himself to fly Ah all weekend.  He won't get another chance like this for months.

I for one would be calling whomever was necessary to get that UPS employee to hand over my package.  I'd also file whatever charges I could against her....just for eating into my flight time and having the cops called on me.

Maybe it is just me.

Sorry Wabbit...no disrespect for astronomy...but sometimes you need to give the people here some perspective.

;)
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Offline culero

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« Reply #43 on: September 30, 2007, 09:08:25 AM »
Quote
Originally posted by AKWabbit
snip
My only beef is they would not help me go get my stuff, but I guess they have their boundaries.

Wab


Wab, its unfortunately a sad aspect of police SOP: First caller is "Victim" (not in fact, I'm talking about how they fill out their report forms). If you'd called immediately, before she did, and alleged theft, you'd have been "Victim" and its possible they might have pointed out to TatooBiyotch that it would be in her best interest to surrender your property.

Still, I woulda just walked in the closet and taken the package while she was on the first call. If she'd called the cops, when they arrived I'd have shown them the UPS ticket. No way they could have pursued theft, and so long as you acted calmly with no threats etc before the situation became heated, they would have been telling her the same as they told you ("fuggetabouit" ;))
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Offline lasersailor184

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« Reply #44 on: September 30, 2007, 07:29:54 PM »
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Originally posted by Holden McGroin
And that's when the government is doing it.  A private citizen can submit recordings to law enforcement and the rules are less stringent since the government was not involved in the act of recording.


Whoops, where I wrote 'Permission', I meant to write 'Knowledge.'

Even then, without a warrant or the knowledge that the conversation was being recorded, it will not stand up as evidence.  The key in the piece you quoted was that the informant didn't have a problem with the recording.  If he did have a problem with it, he could contend it's integrity.  


I could record someone secretly and then immediately play it back.  When they say that it is not them on the recording, you're still screwed.
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8.) Lasersailor 73 "Will lead the impending revolution from his keyboard"