Has anyone ever had a police report or records destroyed relating to the hobby ?
- Thread starter ocean
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Mr. Spock, please distinguish between court records and police records. Court records can be sealed or in certain situations expunged. I don’t know what Supreme Court decisions Ocean is talking about but I assume he refers to Canadian common law. In the USA, I am aware of no such common law. However a significant body of privacy law has developed in recent years which forbids filing any personal identifying information in Court (birth dates, social security numbers, any medical record of any kind, other personal ID numbers or identifiers) and there are penalties for doing so if one doesn’t immediately move to seal the Court file.
No such law exists on police records as they sit in the police department. Different story once they are filed - in the public court file they are redacted.
It’s possible if a nolle prosequi were entered by the prosecution (under American common law) that records get expunged, but those are only court records and only after a period of time passes, in CT I believe it’s 13 months, wherein the defendant does not have further charges and lives up to terms of dismissal.
I once had a client ask me if, after a nolle prosequi entered against her 17 year old son on a 7th degree larceny charge with expungement of Court records, whether “records of the arrest can be deleted from the Internet.” I called my private investigator who accesses arrest databases and asked whether such a thing was even possible. He laughed out loud and said “no.” It stays in the arrest databases and can be accessed by LE and PIs with connections. Meaning a good background check - if done - will pick that shit up.
No such law exists on police records as they sit in the police department. Different story once they are filed - in the public court file they are redacted.
It’s possible if a nolle prosequi were entered by the prosecution (under American common law) that records get expunged, but those are only court records and only after a period of time passes, in CT I believe it’s 13 months, wherein the defendant does not have further charges and lives up to terms of dismissal.
I once had a client ask me if, after a nolle prosequi entered against her 17 year old son on a 7th degree larceny charge with expungement of Court records, whether “records of the arrest can be deleted from the Internet.” I called my private investigator who accesses arrest databases and asked whether such a thing was even possible. He laughed out loud and said “no.” It stays in the arrest databases and can be accessed by LE and PIs with connections. Meaning a good background check - if done - will pick that shit up.
In certain cases, a few on this site, they police follow you around make a secret police report, then keep it, without prosecution. ( I guess prosecution makes it immpoissible to keep it if they cops loose).
The idea I think is that they come after you not arrest you so that they can keep the records forever. But that should not be the case.
The idea I think is that they come after you not arrest you so that they can keep the records forever. But that should not be the case.
In my case I was driving around (alone). stopped by 2 "young guns" hot shot cops, my id taken and found out that a "secret report" was made under my name. I am fighting this. Never prosecuted, but the report is still there.
Also I am wondering given that my case could help others, would folks be willing to help out a bit so I can get a proper lawyer to look at this.......... as it would definitely cause legal precedent ie make it easier for others to have their stuff purged also.
Also I am wondering given that my case could help others, would folks be willing to help out a bit so I can get a proper lawyer to look at this.......... as it would definitely cause legal precedent ie make it easier for others to have their stuff purged also.
I don't like when big brother is keeping notes on me. If I did something wrong then give me a citation but there is no need to start a file. At least give me a written warning or something. Keeping notes and secret files sounds like the Soviet Union or the Nazis or something.
I was once pulled over by a cop for speeding. And the officer asked me about my driving. I said my records clean. I had zero points. She comes back 10 minutes later with a ticket and said when an officer asks me hows my driving say "you tend to speed" and showed me that I had a speeding ticket something like 5 years ago and 10 years before that and 20 years ago etc. She said "It's like your lying to us." I said my records clean and it was. I explained I didn't have any points with the State or Insurance points. I didn't know she was going to go back to my childhood. What a bunch of bullshit.
I was once pulled over by a cop for speeding. And the officer asked me about my driving. I said my records clean. I had zero points. She comes back 10 minutes later with a ticket and said when an officer asks me hows my driving say "you tend to speed" and showed me that I had a speeding ticket something like 5 years ago and 10 years before that and 20 years ago etc. She said "It's like your lying to us." I said my records clean and it was. I explained I didn't have any points with the State or Insurance points. I didn't know she was going to go back to my childhood. What a bunch of bullshit.
Your best bet is to retain an attorney who regularly sues the local police department and knows their policies and procedures. It makes a big difference. There is a local attorney I know (in USA) who is well known for suing local police departments. I saw him defend a man on trial who was accused of murdering his wife. The defense was that the local police department had badly botched the investigation. I saw him cross examine some of the investigating police officers and he clearly knew the police manual better than they did and made these guys look like Keystone Cops. It was textbook police officer cross examination and one guy he blew up his credibility so bad I thought the dude was gonna start crying because the look on his face on the stand was “shit I hope this doesn’t mean I am fired.” Unfortunately the defendant went down for murder 1 because the State produced as their star witness the defendant’s mistress who testified that she held the pillow down while he pushed and suffocated the wife with it. There is no way the defense could overcome that in front of the jury despite the fact that they exposed the investigating cops as total schmucks.
That was a fun trial to watch.
But anyway you need someone who is used to shaking up the local PD and there is always one attorney in every community who does that and scares up the cops. Someone has to keep them honest and accountable.
That was a fun trial to watch.
But anyway you need someone who is used to shaking up the local PD and there is always one attorney in every community who does that and scares up the cops. Someone has to keep them honest and accountable.
Unfortunately? Unfortunately you say? I'm sure as hell glad that ruthless, cold-blooded, psychopathic murderer didn't walk due to some procedural error. Fortunately for society the guy is locked up. He killed his wife!!!
Back in the 90's in NYC cops would keep different logs regarding traffic stops or when questioning people. So if you were stopped for suspected DWI there were notes made and they stayed at the local precinct. Is this what we are talking about or being targeted for something else?
I'm having a tough time understanding what your "secret report" is or why it's secret in the first place.
Nowadays I'm assuming they keep all of that stuff so they can look at it at any time regardless of the precinct. That along with all the license plate readers, toll records being recorded, there's no escaping big brother.
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