MelissaWV
Member
- Joined
- Jan 4, 2008
- Messages
- 17,200
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:
1a) offer a compromise where the police make a copy of the hard drive. Any "investigating" will have to do with that piece of the device only, and the rest does not need to be detained. A copy should include anything the police are looking for. He should make sure nothing he signs in getting the computer back, if the police agree to this, limits or negates his rights to file suit or complaint.
2) demand to see the police report the complaint, all paperwork on the incident and get a copy. Make sure this paperwork includes any documentation of Arnak's communication with the police department. If they do not have it, Arnak should put this together in journal format as specific about times and dates as possible.
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. Why stop at the school paper? Local newspapers are often looking for articles. Tailor your language to a broad audience, but make sure you get your point across: If you surrender property to the police, you're not likely to get it back anytime soon, even if you're "the good guys"!
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* This isn't quite "a law" but the confiscation itself was unconstitutional, yes.
U.S.C. 42 section 1983 color of law civil rights
interviewing and harassing the son without contacting the parents
All in all, a very good plan. I would also compile a list of "lost wages" and inconvenience charges, just in case this goes further. How much work could the son realistically have had during the confiscation period? How did he do his work without the machine? Were expenses incurred in having to find alternate means? Did the parents suffer any losses, such as time away from work to have to investigate this matter?