Author Topic: More Legal Advice Needed....  (Read 1837 times)

Offline Holden McGroin

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« Reply #45 on: September 30, 2007, 10:22:58 PM »
Quote
Originally posted by lasersailor184
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.


In your above what if, you would be the informant and I suppose you would not have a problem with the recording you made. As a private citizen you do not have to have a warrant to record your own conversations.  You can hand over your recording to the police and they can use it as evidence in a criminal proceeding.

The defense can challenge all evidence.  That's kind of the job of defense attorneys.
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Offline lasersailor184

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« Reply #46 on: October 01, 2007, 07:39:05 AM »
Quote
Originally posted by Holden McGroin
In your above what if, you would be the informant and I suppose you would not have a problem with the recording you made. As a private citizen you do not have to have a warrant to record your own conversations.  You can hand over your recording to the police and they can use it as evidence in a criminal proceeding.

The defense can challenge all evidence.  That's kind of the job of defense attorneys.


The defense will successfully have the evidence thrown out.  Everytime I've heard about someone doing this, it was inadmissible.
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Offline Maverick

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« Reply #47 on: October 01, 2007, 11:23:28 AM »
Laser then you must not have very good hearing. I recorded many conversations I was involved in and gave myself permission to do so.
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Offline SaburoS

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« Reply #48 on: October 01, 2007, 11:29:04 AM »
Quote
Originally posted by AKWabbit
Snip~

Thanks in advance for any advice.


Regards,
Wab


What's wrong with you??!! Did you not read the great THREAD here in this forum?
Everyone knows in your case you should have extracted a knife from your buttcrack and...

Hehe  J/K


Actually talk to her corporate customer service department and explain what happened. Heck you already wrote what happened, share it with that dept. Everything that happened will validate your version for why in the world would you get so upset that she had to call the cops on you?
Use her company's department to punish her. If they refuse to do anything to your satisfaction, then consult legal advise. Gotta use evolution and weed those types out.
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Offline Shuffler

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« Reply #49 on: October 01, 2007, 12:35:45 PM »
hmmm You have to question a business that would hire a carnival side show in a position that deals with the public.
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Offline Maverick

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« Reply #50 on: October 01, 2007, 12:42:32 PM »
OK Wabbit,

It's Monday, did you get your stuff and was it in working condition? Let us know what happened.
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Offline john9001

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« Reply #51 on: October 01, 2007, 12:43:44 PM »
Quote
Originally posted by Shuffler
hmmm You have to question a business that would hire a carnival side show in a position that deals with the public.


they work cheap, got to watch that bottom line.

find out who owns the building, and sue them. For example, alex rodriguez who makes 26 million a year playing baseball owns 40 or 50 apt buildings, start the snow ball at the top of the mountain.

Offline MotorOil1

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« Reply #52 on: October 01, 2007, 03:52:18 PM »
Well, Wabbit, you were definitely wronged no doubt about it.  Only thing you can really do from here on out is launch a complaint with the building management and hope they actually deal with it.  Be sure to tell them what the cops told you and how disrespectful the whole situations was.  

They will either deal with it or not.....

Moving forward, if you need to pick up a package from the office again, you need to bring a witness with you....  Sucks but whatcha gonna do?  If like you say the office can't keep staff it's unlikely management will do much about it.  With a little luck this tattoo gal won't be at this job for any length of time.

Seeking legal advice?  I wouldn't waste the time as chances are not much will come of it and it's going to be a bigger hassle than it's worth.  You'll just end up loosing more sleep over it and the outcome probably won't make you feel any better, even if it's in your favour????
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Offline KONG1

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« Reply #53 on: October 01, 2007, 08:58:02 PM »
Keep a dairy of every conversation. Deal with the ownership/management company using registered mail. Do something like this:

http://lowes-sucks.com/

Explain that every time someone searches for their company or property names this information will be found.

There are many "sucks" sites on the internet and the creation and hosting of such has been tested and upheld in court. (See eff.org).
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Offline x0847Marine

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« Reply #54 on: October 02, 2007, 05:08:35 AM »
The idea the cops can't get involved is disenginous at best. I stood around many a time while some dirty hole retrieved her belongings from a hostile dudes place, it's called keeping the peace.

While it is a civil matter, that only prohibits the gendarme from forcing / ordering her to give up the package, she can ignore them.. it does not prevent the police from standing by and keeping the pace while you retrieve your package.

"We can't get involved in civil matters" is cop code for "this crap is boring and we want to leave".. while it is technically correct, it omits the fact they can and often do 'keep the peace' during civil matters, they could have easily walked with you to get your package, their sole mission being to stand there and observe.

Should there be a next time, ask them if they'll simply keep the peace, if they refuse..  request a supervisor and make threats of generating paperwork (citizen complaint / theft report / citizens arrest), a Sgt. would rather take 5 min to keep the peace than deal with the avalanche of paperwork poo should you complain. The minds eye image of IA crawling up sphincters can be a tremendous motivator.

Besides that, the police have other tools to motivate people into not acting a fool; like asking ms hood rat if she had warrants, was on probation, the last time she went to jail / what charge, or did drugs.. if they had turned their attention on her, my guess is she would quickly realize calling the cops was a bad idea, promptly retrieved your goods, smiled, and said "have a nice day sir" .. but I guess the cops weren't interested enough to do that.

Offline CptTrips

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« Reply #55 on: October 04, 2007, 01:13:59 PM »
LoL.  Its just a really weird world sometimes.  
 
So all weekend I've been stessing.  I'm about to have heart trouble.  I just keep getting ready for this big climatic fight with cops, lawyers, eviction notices, explosions, car crashes, the works.  
 
I call and verify the apartment manager is there go I go down.  When I walk in they are falling over themselves to apologize.    

Apparently after the cops left my place they went over to the apt office to get her story.  She gave her side, which for the most part was the same as mine.  After comparing the stories the cops basically told her they she had no valid complaint against me.  They did tell her that she was in the wrong not to hand over my property regardless of any fight or argument.  She should have handed over my package and then if she felt I had been rude to her, take it up with the manager later.  I guess she didn't take it very well and started going off on the cops yelling and crying.  Then she got up grabbed her stuff and just left.  Just left.  Didn't lock up, didn't contact her boss or any co-workers.  Just left.  I guess the cops were finished with her and had no reason to stop her.
 
The cops had to walk around and find one of the grounds people and let them know there was now no one in the office.  She never came back.  The grounds keeper didn't have keys to lockup the office.  He had to call the manager, who was home sick with the flu or something.  She had to drag her butt out of bed and drive over to man the office until she could contact one of the other agents.  
 
It wasn't clear if they had contact with her later, but they suggested I let them know immediately if I see anyone suspicious hanging around my building (frankly, all my neighbors look a little suspicious to me).  They also suggested I keep my vehicle parked out in the main open area for a while where it is in clear open view.  Great.  The .45 is staying loaded with hollow-points and in my bedside table for a while.

Its so stupid.  

First of all the manager said she handled the phone thing all wrong. If it was going to be a lengthy call you should have paused to handle me first.  She should not have been on her cell.  They had been having trouble with her on her cell with personal calls during her shift.  (She apparently is having all these personal issues and the other employees have been having to cover for her a lot.)  And she CERTAINLY should not have gone on to finish an entire second conversation with me waiting.  

She did not HAVE to see my drivers license.  They could ask for one if they didnt recognize the tenant.  But she knew exactly who I was.  They can accept either the UPS slip or a drivers license.  Even if she felt like she needed one, a Xerox copy of my license is in my apt file in her desk.  She could have just pulled it.

Finally, unless I had become violent or threatened her, she had no right to not hand over my property after I had brought all requested identification.  Hand over the package and take it up with her boss later.

Oh, and she REALLY should not have blown her cool and abandon the office unsecured without notifying anyone. ;o)




So she is basically not employed there anymore and I have my camera.  And you want to know something really funny?  I am now feeling a slight ting of guilt that she is fired.  I hate to see anyone lose a job.  I guess I could have been less angry at being kept waiting.  I mean in the grand scheme of things whats 30 extra minutes out of your life.  In the end if I had gotten my camera, a written letter of apology for the management, and a promise to council the employee on proper customer etiquette, I would have been satisfied with that.  All I want is my stuff and to not be ****ed with.  The same two things I wanted last Sat morning.  

On a side note, the box did have a noticeably crunched in corner.  It was stamped fragile all over so I doubt that happened at UPS.  Maybe, but I doubt it.  It looked to me like someone held the package over their head and gave it a good toss onto the floor.
Luckily it was very well boxed.  There was an outer box, Styrofoam panels inside surrounding a second box lined with egg-shell foam.  The second box didnt show any deformation. I havent used it yet but plugged it in and made some sanity checks.  It appears fine.

What creeps me out is that I feel I was probably lucky.  She apparently told the cops pretty much what happened; stupidly still thinking she had been in the right.  She could have easily made up any crap she wanted, like accusing me of threatening her or trying to grab at her.  There would have been nobody to back up my story as we were alone.  I dont have any confidence in our jury system.

Oh well.  Lessons learned all around.


And thanks all for the support and great advice and information.

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

Offline Ripsnort

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« Reply #56 on: October 04, 2007, 01:29:47 PM »
Hell haveth fury on a man who scorns a woman! Be safe out there Wab!

Offline rpm

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« Reply #57 on: October 04, 2007, 01:43:31 PM »
Glad to hear all turned out well. You should feel a ting of nothing. You did not cause any of this.
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Offline SaburoS

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« Reply #58 on: October 04, 2007, 01:47:43 PM »
Quote
Originally posted by AKWabbit
I am now feeling a slight ting of guilt that she is fired.


No need to even feel that. She got herself fired. Think of it if she was still at that job, you'd be fearing that your future packages might get damaged or "lost".
Men fear thought as they fear nothing else on earth -- more than ruin -- more even than death.... Thought is subversive and revolutionary, destructive and terrible, thought is merciless to privilege, established institutions, and comfortable habit. ... Bertrand Russell

Offline SIK1

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« Reply #59 on: October 04, 2007, 01:56:17 PM »
Quote
Originally posted by AKWabbit
So she is basically not employed there anymore and I have my camera.  And you want to know something really funny?  I am now feeling a slight ting of guilt that she is fired.  I hate to see anyone lose a job.  I guess I could have been less angry at being kept waiting.  I mean in the grand scheme of things whats 30 extra minutes out of your life.  In the end if I had gotten my camera, a written letter of apology for the management, and a promise to council the employee on proper customer etiquette, I would have been satisfied with that.  All I want is my stuff and to not be ****ed with.  The same two things I wanted last Sat morning.  


You are kidding right? First of all you didn't get her fired she quit, and if you would have got her fired she deserved it.
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