Can Police make up a charge to get you arrested?, page 2
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reply posted on 26-4-2009 @ 03:40 PM by GTORick
reply to post by fraterormus



However, they keep a 'rap' sheet on you that never goes away. Also, business (credit apps, apartment and employment) can legally ask if you have been arrested nowadays so even though the charges are dropped you can and will suffer for years. If you lie on a form you will be caught because a background check always seems to have that information. The cops bank on this. 1984 is here.


reply posted on 26-4-2009 @ 04:20 PM by fraterormus
Originally posted by GTORickHowever, they keep a 'rap' sheet on you that never goes away. Also, business (credit apps, apartment and employment) can legally ask if you have been arrested nowadays so even though the charges are dropped you can and will suffer for years. If you lie on a form you will be caught because a background check always seems to have that information. The cops bank on this. 1984 is here.


You can be asked if you have been CONVICTED of a crime, most specifically stating CONVICTED of a FELONY.

IMPORTANT NOTE: All private inquiries relating to arrests, such as "Have you ever been arrested?" are unlawful in the United States. (Note: Arrests are NOT the same as convictions. An innocent person can be arrested, remember.)

It is lawful for private parties make inquiries about convictions such as: "Have you ever been convicted of any crime? If so, when, where and disposition of case. "Have you ever been convicted under criminal law withing the past five years (excluding minor traffic violations)?" It is permissible to inquire about convictions for acts of dishonesty or breach of trust. Some State Laws limit lawful questioning of convictions to Felony Charges only, unless it specifically pertains to the application (i.e., inquiring about a conviction of Misdemeanor Shoplifting would obviously be pertinent to ask someone applying to a Retail Position).

So, you are still innocent until proven guilty. You CANNOT be lawfully discriminated against for being arrested and never proven guilty of a crime in a Court of Law.

Contrary to popular belief...the phrase "This will go down on your permanent record" only pertains if you are running for Congress or President or you are attempting to get a high level DoD Security Clearance.

No one really cares how many times you were arrested (even applying for a job at the FBI you'll find that they don't ask). It's what you have been found GUILTY of that matters.

Most District Courts won't even have (let alone retain) paperwork for Arrests that were made that never made it to Trial. Most Police Departments do not keep records on any Arrests that didn't go to Trial longer than 30 days. The only place that would have you listed on a "Rap Sheet" would be the Jail into which you were Booked. If you want to remove all evidence of a prior Arrest for which you were not found Guilty, you can always petition the Courts to have your Arrest Record Expunged (after paying the filing fee, usually pretty nominal...it's $45 where I live).


reply posted on 26-4-2009 @ 08:00 PM by LucidDreamer85
Originally posted by xunearthhxcx
I was looking for vids about police abuse/brutality and making up laws and came across this on youtube..
Here

this seems to be a protest about the recent Joe Arpaio sweep in Arizona

so basically, can police put a cone on a sidewalk and tell you not to cross it? and if you do, can they make up a charge just because they want to ?


You mean like how cops used to arrest black people and plant MJ seeds or sprinkle crack around them.

It happens but not as much as people think.

But since our country is so big, even if 3 % of cops do that, then that is still a few thousand cops doing it, which is way too many.



reply posted on 27-4-2009 @ 12:38 AM by GTORick
reply to post by fraterormus



No offense meant but you must be a 1st year law student. Arrest records must be kept by LE. Are you seriously saying they tear up the arrest record, take it out of the computer and shake your hand if the DA doesn't prosecute? What do you think The Smoking Gun usually posts? Do you have links to back this up? I have some for my position.

Honestly your post is full of disinformation. Unless it is a Federal crime it is common knowledge these type of databases are run by the individual states that all have different laws. To make such a sweeping statement that it is the same across the U.S. means you would have to know LE, the Courts and the individual states laws for all 50 states.

Findlaw.com Q&A on Topic

PDF From Findlaw.com Showing Records Needed for a Criminal Attorney

Information Service Offering/Advertising Said Records

Example Arrest Record (Actual Scan) - Dick Cheney 33 YEARS AGO!

Business can ask whatever they want however it depends on the state. It is mandated sometimes, i.e. working with children. "Have you ever been arrested for child molestation Mr. X?".
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