So Police Decided to come and sieze my computer in the middle of the night

[JeNNiF00F00]

I am in Southeast Georgia.

And yes, sadly, he said could we take your computer to look for evidence, and I said yes.

But my plans are to just compile all the information about this guy I think who is harassing and send it to this policeman.

God. I have been pulled by cops over in SE Georgia. May god be on your side dood. And for future incidents, NEVER give up any of your belongings or consent to a search WITHOUT a warrant.

 

[PaulaGem]

Arnack how did it go last night?

My prayers were with you even though I could not get on line.

 

[Arnack]

Called him. He said that he was legally able to seize it because it was evidence at the crime scene, he said the investigators will be able to look at it next week, and it will take 2 or 3 weeks for them to look through the harddrive.

I have no clue what to do. This can't happen... He didn't care at all that my job and school and life relies on that computer.

 

[pcosmar]

Called him. He said that he was legally able to seize it because it was evidence at the crime scene, he said the investigators will be able to look at it next week, and it will take 2 or 3 weeks for them to look through the harddrive.

I have no clue what to do. This can't happen... He didn't care at all that my job and school and life relies on that computer.

Life Lesson.
Never talk to the Police.

 

[Arnack]

So should I call a public attorney Tuesday and talk directly to the investigators instead and beg them for my computer back?

 

[PaulaGem]

Called him. He said that he was legally able to seize it because it was evidence at the crime scene, he said the investigators will be able to look at it next week, and it will take 2 or 3 weeks for them to look through the harddrive.

I have no clue what to do. This can't happen... He didn't care at all that my job and school and life relies on that computer.

There was no crime committed on your premises. The crime was committed elsewhere.

Submit an affidavit to district court stating that it was not a crime scene and the seizure was a violation of constitutional right. He has no legal right to retain posession of the computer.

If there are any witnesses or room mates who can give valid testimony in this matter get an affidavit from them.

Request an injunction and protective order from the district court. Submit the affidavits in support of your request.

If you can't afford to pay ask for the form to file without cost.

PM me if you need to talk to me personally.

 

[PaulaGem]

So should I call a public attorney Tuesday and talk directly to the investigators instead and beg them for my computer back?

There is no such thing as a "public attorney" , you'll have to give an attorney several hundred dollars to get him to look at this.

You want to go to his supervisors - they may be on duty before Tuesday. Ask them what the grievance procedure is.

Begging will get you no where.

 

[JeNNiF00F00]

Called him. He said that he was legally able to seize it because it was evidence at the crime scene, he said the investigators will be able to look at it next week, and it will take 2 or 3 weeks for them to look through the harddrive.

I have no clue what to do. This can't happen... He didn't care at all that my job and school and life relies on that computer.

Anything that you say or do can and will be held AGAINST you in a court of law. The police are not on your side.

 

[Arnack]

Okay, now I'm pretty much furious. I talked to the administrator there at the PD. I explained to her the situation. I asked simply if I have my computer back because the officer I talked to simply didn't care. I have both work and school things on that computer. She said since I signed it off under a "Receipt for Property" form, that means they can keep it.

She said I am listed as a suspect for "reckless behavior". On this sheet I was given during the night of the incident, it lists me as a victim. She basically told me (not in these words) to fuck off, that I'm a minor, and she doesn't really care about me. "If I was a computer technician, I Could go to my shop and get a new computer".

Hilarious. This is fantastic. I'd love to sue every single f*** one of those hicks over at that clueless police station. They don't care about anyone but themselves.

 

[PaulaGem]

Okay, now I'm pretty much furious. I talked to the administrator there at the PD. I explained to her the situation. I asked simply if I have my computer back because the officer I talked to simply didn't care. I have both work and school things on that computer. She said since I signed it off under a "Receipt for Property" form, that means they can keep it.

She said I am listed as a suspect for "reckless behavior". On this sheet I was given during the night of the incident, it lists me as a victim. She basically told me (not in these words) to fuck off, that I'm a minor, and she doesn't really care about me. "If I was a computer technician, I Could go to my shop and get a new computer".

Hilarious. This is fantastic. I'd love to sue every single f*** one of those hicks over at that clueless police station. They don't care about anyone but themselves.

If you're a minor your signature on that sheet of paper is worthless - WHERE ARE YOUR PARENTS?

Start working on an article for your school paper.

Do you have any friends among the teachers or school administrators?

Did you ask for a copy of the grievance procedure IN WRITING like I told you?

 

[PaulaGem]

Is any one else out there reading this forum?

Should he go the the sheriff and try to file a complaint for theft?

I really want to know where this kid's parents are. Their absense is probably the reason that the police are screwing with him.

 

[ScoutsHonor]

If you can get a local newspaper interested, the bad publicity might be enough pressure to force the thieves, err, police, to return your property, which in fact has been stolen despite the facade of "helpfulness" the cops are showing you.

Police are Not supposed to steal from citizens, needless to say.

Bringing them bad publicity is probably the line I would take, it being the least costly and the shortest distance between two points at this time.

Maybe a lengthy Letter to the Editor?

Wish you luck!

 

[Arnack]

Yes, I was thinking about getting the media's attention. But, thinking back to the incident, I did sign the paper to give up my item (however, I am a minor). And with the recent homicides that have taken place in my area, I doubt the investigators will get to this matter in the next month or so.

 

[ItsTime]

Yes, I was thinking about getting the media's attention. But, thinking back to the incident, I did sign the paper to give up my item (however, I am a minor). And with the recent homicides that have taken place in my area, I doubt the investigators will get to this matter in the next month or so.

I dont believe the police can even talk to you with out your parents consent? Never mind have you sign something and it be legal. Am I wrong here?

 

[MelissaWV]

From what was originally stated, seizing the computer was part of the "investigation" because it seemed like your calls were coming from within your home. Perhaps they figure your computer was compromised and they asked you if they could take it in to investigate. Perhaps there are other instances like this out there.

However! they did not disclose to you that it would take such a ridiculous length of time, and they did not know at the time that you would require the computer for your work. Now it's the big run-around, and I would write to the local paper before spending money on an attorney. In addition to writing, I would look on the local paper's website and see if they have any sort of editor's email or similar. On slower news days they like to post little stories like this and they will phone the police to try to get statements and the like. That should scare them shitless, or at least help things along.

I'm in agreement that you also need to exhaust every outlet with the police department. Holding your entire computer is insane. What they're after is on the hard drive, and making a copy of it should not take too terribly long. You should also get assurances that all of the files being "investigated" will be destroyed when they're done with them. If it's work property on there, that's a big liability you've opened yourself up to.

All of this boils down to the fact that, as Paula pointed out, your signatures and involvement in this case are IRRELEVANT as you are a minor. Do you live with your parents? Who purchased the computer? If you did not pay for the computer, it isn't even your property! Your parents can state that the computer was removed without their being informed of such, and demand its return. There was no real consent given in that case. Is it your parents' house? I mean really, what on earth is going on?

 

[ScoutsHonor]

Yes, I was thinking about getting the media's attention. But, thinking back to the incident, I did sign the paper to give up my item (however, I am a minor). And with the recent homicides that have taken place in my area, I doubt the investigators will get to this matter in the next month or so.

If it were me, I would pursue the Letter to the Editor strategy, to start, as I like simpler solutions, when possible.

That you signed the paper is just further proof you were taken advantage of
(as you are young & ignorant of the law) and is what most people would also think, and I would be sure to mention my age in my Letter. JMO.

 

[PaulaGem]

Georgia Code -

http://law.justia.com/georgia/codes/51/51-10-6.html

51-10-6.
(a) Any owner of personal property shall be authorized to bring a civil action to recover damages from any person who willfully damages the owner´s personal property or who commits a theft as defined in Article 1 of Chapter 8 of Title 16 involving the owner´s personal property. The owner of the personal property may recover as follows:
(1) In any such action, the property owner may recover compensatory damages which may include, in addition to the value of the personal property, any other loss sustained as a result of the willful damage or theft offense; and
(2) In any such action in which the value of the total claim, including exemplary damages, is less than $5,000.00, the property owner may recover compensatory damages, as described in paragraph (1) of this subsection, and additionally may recover liquidated exemplary damages equal to $150.00 or twice the amount of the entire loss sustained by the property owner as a result of the willful damage or theft offense, whichever is greater, and the cost of maintaining the civil action if all of the following apply:
(A) The property owner, at least 30 days prior to the filing of the action, provided written notice of a demand by personal delivery or certified mail or statutory overnight delivery, return receipt requested, for payment of the value of that personal property, the amount of any other loss sustained as a result of the willful damage or theft offense, and the liquidated exemplary damages set out in this paragraph upon the person who willfully damaged the property or who committed the theft offense;
(B) Either the person who willfully damaged the personal property or who committed the theft offense did not make payment to the property owner of the amount specified in the demand within 30 days after the date of receipt of the written demand or did not enter into an agreement with the property owner during that 30 day period for such payment, or the person who willfully damaged the personal property or who committed the theft offense entered into an agreement with the property owner during that 30 day period for such payment but the person did not make such payment in accordance with the terms of the agreement; and
(C) The property owner did not file a civil complaint against the person who willfully damaged the personal property or who committed the theft offense prior to the expiration of 30 days after the date of service of the written demand upon the person, or, if the person had entered into an agreement with the property owner during that 30 day period for payment, prior to the day on which the person failed to make payment in accordance with the terms of the agreement, whichever is applicable.
(b) The person or persons against whom the property owner brings a civil action pursuant to this Code section shall be entitled to recover reasonable attorney´s fees and court costs upon a finding that the claimant raised a claim which was without reasonable, factual, or legal support.
(c) For purposes of paragraph (2) of subsection (a) of this Code section, written notice of demand for payment shall be substantially as follows:
'Upon reasonable cause, notice is given of (my) (our) demand for payment of damages in the amount of (state amount claimed: total should be $150.00 or twice the amount of the entire loss sustained by the property owner as a result of the willful damage or theft offense, whichever is greater) arising out of your (willful damage, theft, or unlawful conversion) of the following personal property owned by (the undersigned or other owner):
(List affected property) _________________________________________________
____________________________________________________________________
____________________________________________________________________
Pursuant to Code Section 51-10-6 of the Official Code of Georgia Annotated, you are further notified that if the above-stated amount is not paid, or a written agreement as to its payment is not reached, within 30 days of the date you receive this letter, (I) (we) (other owner) intend to bring an action against you for such amount, plus attorney´s fees, plus court costs, and such other relief as the law provides.


____________________'
(d) If a property owner whose personal property was willfully damaged or was the subject of a theft offense provides written notice of demand for payment upon a person who willfully damaged the personal property or who committed the theft offense, and the person makes payment in accordance with the demand within 30 days after the date of service of the written demand upon him or the person enters into an agreement with the property owner during that 30 day period for such payment and makes payment in accordance with the agreement, the property owner shall not file a civil complaint against the person in relation to the willful property damage or theft offense.
(e) In a civil action to recover damages for willful damage to personal property or for a theft offense, the trier of fact may determine that an owner´s property was willfully damaged or that a theft offense involving the owner´s personal property has been committed, whether or not any person has pleaded guilty to or has been convicted of any criminal offense or has been adjudicated delinquent in relation to any act involving the owner´s personal property.
(f) As used in this Code section, the term 'value' means the retail value of any personal property that is offered for sale by a mercantile establishment or the replacement value of any other personal property.
(g) If a civil action is filed pursuant to Article 4 of Chapter 12 of Title 44 to recover personal property or damages resulting from willful damage to or theft of such personal property, no civil action authorized by this Code section shall be permitted.

 

[PaulaGem]

I just spoke to Arnack - apparently there was no complaint filed by an adult at the home (he was staying with friends) so I don't believe there is anything to even investigate.

I am typing out a chronological list of measures that could be taken. Quote and add if anyone has additional suggestions.

His father should:

1) demand that the police return the stolen property

If refused:
2) demand to see the police report the complaint, all paperwork on the incident and get a copy.

3) Get a written copy of police department grievance procedure.

4) Contact the sheriff and try to file a complaint for theft.

5) Contact city council, mayor, city attorny and advise them of illegal and unconstitutional activity on the part of the police department. In person if possible but still confirm with email so you have written proof of contact.

6) Contact district court and file for an order of protection for a minor child, start action for civil theft - see Georgia code previously posted.

7) What you can do -Write an article for the school paper about what happened to you. Try to get it published in local papers. Watch Google vids on civil rights and read up on it so you understand the violations of law and constitution involved. Start a "Constitution Club" in school, your friends are in danger. I bet you can get the government teacher to sponsor it.

Kids who do not know their rights are vulnerable to police who beef up charges to the point where their whole life is ruined. You need to take action.


Laws violated:

14th amendment due process
U.S.C. 42 section 1983 color of law civil rights
interviewing and harassing the son without contacting the parents

 

[PaulaGem]

Anyone from your area listed here?

http://www.policecrimes.com/police_brutality/Georgia_police.html

 

[Arnack]

Anyone from your area listed here?

http://www.policecrimes.com/police_brutality/Georgia_police.html

Sadly, no

Thanks for the help, and any more help would be appreciated.