Possession W/Intent in Mississippi

[seniorjudge]

...Although I would like to Thank SJ for looking out for me. I'm what my kids call a "short and tiny" person and could use the protection ...

My wife is a short and tiny French-Canadian. She scares the hell out of me.

 

[needshelp2004]

My wife is a short and tiny French-Canadian. She scares the hell out of me.

Well I'm glad someone can relate. I'm a short and tiny german/american woman and I scare the hell out of a lot of people ...

 

[Florid-aise]

My wife is a short and tiny French-Canadian. She scares the hell out of me.

That does it. I'm outta here. The whole darn place is being overrun by "Willie Wonkas" - and I get into trouble because I thought that by keeping it short and sweet and in large type, you would appreciate it with the blurry eyes.

And BTW, I thought that you were a blonde, or is that another im-poster?

Get it? im-poster?

LOL

[Note: For editorial purposes, please take notice that this is a very humorous response being presented above.]

 

[needshelp2004]

That does it. I'm outta here. The whole darn place is being overrun by "Willie Wonkas" - and I get into trouble because I thought that by keeping it short and sweet and in large type, you would appreciate it with the blurry eyes.

And BTW, I thought that you were a blonde, or is that another im-poster?

Get it? im-poster?

LOL

LOL ... I have I guess what one would call "strawberry blonde" or "dirty blonde" hair, depending on the mood ...

Father was a American GI, Mother was a german barmaid, you but 2 and 2 together. Hence the being very demanding and having a bad temper ...

I do not think I'm short, it's just everyone else is TOO TALL.

I appreciate the thoughtfulness, I owe you one ...

 

[needshelp2004]

Elements of Malicious prosecution

O.K. My Friend, here are the elements of malicious prosecution. They go as follows ...

(1) that the defendant filed and/or prosecuted the underlying civil action

(2) a favorable termination of the prior case, in which the innocence of the former defendant was established

(3) the absence of probable cause, meaning that no reasonable attorney would have considered it to be tenable

(4) malice, which can be implied from a conscious disregard for the consequences, from a lack of probable cause, and from inadequate investigation and research

(5) damages.

I have to tell you that I"m doing A LOT of reading here. Get back to you in a few ...

 

[needshelp2004]

False imprisonment

O.K. your key elements of false imprisonment would be ...

(1)intent to confine

(2)bounded area

(3)there must be awareness

(4)unconsented and unprivileged

Basically it is (1) the restraint of an individual against his will and
(2) unlawfullness of such restraint

I still have one to go, be back in a moment ...

 

[needshelp2004]

false arrest

Ok, believe it or not this one was the hardest to decipher ...

Basically all it says is "the unlawful restraint of a person's liberty without proper legal authority" and then it refers you to the elements of "false imprisonment". ]

Do I get an A+???

And you see I didn't even need a day or two.

Im insulted ...

 

[Florid-aise]

Ok, believe it or not this one was the hardest to decipher ...

Basically all it says is "the unlawful restraint of a person's liberty without proper legal authority" and then it refers you to the elements of "false imprisonment". ]

Do I get an A+???

And you see I didn't even need a day or two.

Im insulted ...

I most certainly am impressed. A ++ -PLUS- A++ is given in this instance. Good work. (And here is your smiley face on your assignment----> ).

I am ever so hopeful that you stumbled across some things doing this exercise that will aid and comfort you in your stress and in providing you with something and somewhere to focus your efforts, rather than just to vent and frustrate in an ever-tightening cycle.

Now, there is another prize allotted such a studious effort.

When a successful 42 U.S. Code Section 1983 complaint comes to into being, the damage award, as intended to be a substantial penalty for the forbidden behavior, automatically;

A-U-T-O-M-A-T-I-C-A-L-L-Y.

is awarded Treble damages.

Whaddya think about that?

So you now can see what is ahead of you and your SIL. The present assignment is and will be a continuing one. Begin now, and continue to, establish the amount of escalating damages.

 

[needshelp2004]

Question ...

Just curious but last night I was going through ALL the notes, phone numbers, names of people who I spoke to, etc,etc, that has anything to do with this whole mess and putting them together in a folder when I asked my SIL to please give me ALL the paperwork he received from court etc, and I was a little surprised at what he handed me.

From the day he was arrested and processed, the 23 days he was incarcerated, 2 court appearances, and the charges being dropped he has only 2 (two) papers that have ANY significance, actually only 1 (one) has significance. The 1st paper he has is a paper for his booking intake/personal property inventory which doesn't mean too much considering I picked up his personal property IMMEDIATELY, except for his clothes which they do not allow to be released to anyone. The 2nd paper is from the 1st appearance in court but it doesn't state anything other than the name of the judge, court reporter, DA, PD, etc and that he was being charged as a "PC fugitive" from Jones County MS. Oh and that he signed "waiver of extradition" in open court. There is that "notification" of charges being dropped but that's just a little white note with his name, date and time, and the words "charges dropped released to streets" ...

I'm no expert, so correct me if I'm wrong, but it seems to me he should have had a copy of the extradition papers he signed and something from the 2nd court appearance. I would think there has to be a paper trail somewhere and isn't your right to have copies of everything pertaining to your case??? I mean he has copies of my going directly to the jail and dropping off money, Xmas cards, even copies of the books I sent him through Amazon.com but yet NOTHING that I would think was more important and had much more significance. Are those papers of ANY importance at all??? Do I need them and should I have them??? Shouldn't HE have been given them???

I Thank You for the smiley face it made my day ...

I am on the phone calling NCIC to find out if the warrant or whatever information they had has been cleared. According to San Diego "warrant query" there is none but I don't think that would include warrants from another state but am about to find out.

One last thing, I thought it would be interesting to call and speak to the "arresting officer" from SDPD who took custody of him from U.S. Customs and transported him to San Diego Central Jail. My SIL said Customs ran his ID that morning said they had a hit, told him he was a fugitive out of MS (WHICH BY THE WAY IS WHY IN MY 1ST POST I SAID HE WAS ARRESTED ON A FUGITIVE WARRANT), detained him, and called SDPD to transport him. Something to me doesn't sound right, somewhere along the line shouldn't a phone call have been made? The name of the booking officer, arresting officer, etc are on the booking intake paper but believe it or not something seems to have been spilled on it and the names are not legible, just my luck huh?

And Carl maybe you could answer me this ...why did U.S. Customs read him his miranda rights, hand him over to SDPD and then they had him in custody for 3 days, took him to court and read him miranda rights again in court? I would like to reming you he wasn't charged with ANYTHING that day?

I realize I'm very inquisitive and ask a lot of questions but if I don't ask I'll never know and I'll never learn, right? I'm basically a very logical person when I'm calm and not threatening bodily harm ... That's where all the how come's and the why's come from. I do appreciate all your expertise ... VERY VERY MUCH!!!

 

[CdwJava]

I'm no expert, so correct me if I'm wrong, but it seems to me he should have had a copy of the extradition papers he signed and something from the 2nd court appearance.

All the waiver of hearing paper is, is an internal document that states whether the subject is waiving a local court hearing prior to extradition or not. It's probably with his jail file. I doubt he had any "extradition papers" that he signed - only the waiver document indicating where he did or did not wish to see a local judge prior to extradition.

I would think there has to be a paper trail somewhere and isn't your right to have copies of everything pertaining to your case???

Not on release, and not necessarily automatically, no. He can get it later through the proper motions and requests, but we don't just hand released subjects piles of documents. They get their property list, their property, and their discharge paperwork, and that's usually about it.

Are those papers of ANY importance at all??? Do I need them and should I have them??? Shouldn't HE have been given them???

He can get them ... but it will probably have to wait until any court action is filed.

I am on the phone calling NCIC to find out if the warrant or whatever information they had has been cleared. According to San Diego "warrant query" there is none but I don't think that would include warrants from another state but am about to find out.

You might consider calling the state Department of Justice. CA DOJ is our NCIC representative organization. People there can probably tell you who to contact, or, what might be up with it. However, inquiries must usually be done in writing and might take a couple weeks for processing.

One last thing, I thought it would be interesting to call and speak to the "arresting officer" from SDPD who took custody of him from U.S. Customs and transported him to San Diego Central Jail. My SIL said Customs ran his ID that morning said they had a hit, told him he was a fugitive out of MS (WHICH BY THE WAY IS WHY IN MY 1ST POST I SAID HE WAS ARRESTED ON A FUGITIVE WARRANT), detained him, and called SDPD to transport him. Something to me doesn't sound right, somewhere along the line shouldn't a phone call have been made?

Before the warrant was confirmed, Customs should have made a call to MS for a verbal confirmation and to request the abstract. If they turned him over to SDPD, then SDPD was likely relying on Customs' having done that. If the ball was dropped, it was either Customs' failure to confirm the warrant, or (as is more likely), the fault of someone in MS for confirming it when they shouldn't have.

If I had to guess, Customs received a verbal confirmation from MS but then MS never abstracted the warrant to CA ... or they sent it to the wrong place. If there were three agencies involved (Customs for the arrest, SDPD for the transport, and SDSO for the booking) then God only knows where MS might have sent an abstract if they sent one at all.

The name of the booking officer, arresting officer, etc are on the booking intake paper but believe it or not something seems to have been spilled on it and the names are not legible, just my luck huh?

Unless the forms have changed, they are crappy carbons and just leaning on them would bleed them through to look like a big blue patch.

There are hard copies of those names int he jail booking records, I guarantee it.

And Carl maybe you could answer me this ...why did U.S. Customs read him his miranda rights, hand him over to SDPD and then they had him in custody for 3 days, took him to court and read him miranda rights again in court? I would like to reming you he wasn't charged with ANYTHING that day?

Some agencies (like NYPD) automatically read ANYONE they arrest their rights. Someone does not have to be charged before their rights are read. But, in any custoidal situation where a suspect might make an incriminating statement based on an inquiry from the court or law enforcement, it helps to be sure that the suspect has been appraised of his right to keep his yap shut.

It is not uncommon for this to be done.

And if the turnover WAS to SDPD, THEY did not likely have him in custody for 3 days ... unless they held him in the city jail prior to transfer to the County jail - but that would seem odd to me.


- Carl

 

[needshelp2004]

Thank You

You of course are correct, they were indeed the extradition waiver papers which obviously I don't need. He was transported by SDPD who in turn handed him over to the SDSO.

I cannot reveal my sources but I will tell you that after a lot of phone calls and a lot of brick walls, dead ends, and unaccessible people I decided to do the over the counter encounter. After more brick walls, dead ends, and unacceptable answers I finally came across an "angel" who gave me quite a bit of information. HE WAS TRULY MY ANGEL (as are ALL of you) and gave me answers to things I'm not sure he should have given me but did and I am glad he did. FINALLY, some INFORMATION that was "unobtainable" before I now have!!! (Sometimes it pays to be a WOMAN ) My only problem now is WHAT TO DO WITH IT!!! I would love to tell ALL of you and to ask questions but am not sure I should announce some of these things over the OPEN forum.

BUT, I will tell you this...
There is STILL an active warrant out for his arrest in the state of MS which promises "FULL EXTRADITION". Hmmm, full extradition huh? I suppose MS is just like a politician, making promises they don't intend to keep ... Or is that men that do that???
I also know the AGENCY who put out the warrant in MS and the DATE they put in the nation wide network and the DATE they claim he jumped bail and exactly what they claim the CHARGES are ... Along with other pertinent information you all might find "interesting" but I don't know what to do with it ... Let's just say A LOT of mistakes were made along the way and now EVERYONE is pointing fingers. Now I totally understand why I'm getting "the cold shoulder".

I know, get a lawyer!!! I AM, and armed with information I'm sure they're going to want to know how I found. Information I'm sure EVERYONE will want to know how I "obtained". An "Angel" told me in my dreams... My lips are sealed, I plead the 5th ...

See, the tables are turned now and they're finding out that "two can play that game". I can be just as "ruthless" as they were. They'll see that I will prove to be a "Worthy Adversary" or would that be a B----!!!

Thank-You Carl, I will try calling the Dept. of "Justice" and see if maybe I can get some for a change ...

 

[seniorjudge]

git lawyur
b completely honest wif lawyur
lawyur cain't spill beans

 

[needshelp2004]

Thank You

git lawyur
b completely honest wif lawyur
lawyur cain't spill beans

I don't have to reveal how I got the information do I??? I do not want to get ANYONE into trouble as I REALLY, REALLY, and TRULY do appreciate everything he did for me. I realize he was risking his job for me and I will forever be greatful. I know he was telling me things I wasn't suppose to know but for the first time since this began I found someone who thought it was wrong and wanted to see "Justice" served. It's more than any of the people who were supposed to uphold the law did and I give him credit for stepping up and doing the right thing. Finally, someone with a conscience.

 

[CdwJava]

Chance sare the info you got was not secret, hidden, or otherwise protected - just difficult to get.

And from what you said, I think MS is where your sights should lay. Suing people here in CA could be expensive and end up with a goose-egg in the pay-off department.

The other consideration is that YOU are not the aggrieved party here, your son-in-law is ... HE needs to get the lawyer and HE needs to do the follow through. YOU do not have a legal right to diddly, and anyone who gives YOU the runaround is well within their legal rights to do so.

- Carl

 

[needshelp2004]

Chance sare the info you got was not secret, hidden, or otherwise protected - just difficult to get.

And from what you said, I think MS is where your sights should lay. Suing people here in CA could be expensive and end up with a goose-egg in the pay-off department.

The other consideration is that YOU are not the aggrieved party here, your son-in-law is ... HE needs to get the lawyer and HE needs to do the follow through. YOU do not have a legal right to diddly, and anyone who gives YOU the runaround is well within their legal rights to do so.

- Carl

That Sir is were you are wrong ...

I KNOW the information I obtained was not something I was suppose to see or know. I KNOWthis person was not suppose to be giving me the information.

Let's just say I CAN PROVE that A LOT of people dropped the ball starting with MS and continuing right down the line...

YOU are the one who taught me about the "abstract warrant" and it just so happens that's where the "ball" started rolling in my direction. It was that information you gave me that lead me to "MY ANGEL", so THANK YOU!!!

I KNOW what documents to ask for by form number and which Agency has which form. I KNOW which papers should have been given and are MISSING...

I can tell you who put out the warrant, which agency, and on what day, what time and for what charge and ANYTHING else you want to know ...

Like I said, SOMETIMES IT PAYS TO BE A SHORT AND TINY WOMAN, no one considers you a threat. But they're wrong ... You'd be surprised what a little smile, a little batting of the eyelashes, a little flirting, and a low cut blouse, short skirt, and NO ring on your finger will get you ...

Hey, if they want to play dirty then so can I ...