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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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What is the code of law in alabama on being arrested on

Customer Question

What is the code of law in alabama on being arrested on private property in one county, and took to another county on a warrant that you were innocent of, when you were only checking your oil in car. And is this a lawsuit? Things were missing from my car and purse.
Submitted: 2 months ago.
Category: Legal
Expert:  Brandon M. replied 2 months ago.

Good day, my name is*****'m an attorney, and I can answer your question.

Expert:  Brandon M. replied 2 months ago.

First, nothing would generally prohibit someone from being arrested on private property, or being arrested in one county and taken other another. In the days of the Wild West, county lines were treated like borders between countries, but now counties have agreements with others that allow them to send their law enforcement in to enforce warrants. We can't escape the law by leaving the county.

Expert:  Brandon M. replied 2 months ago.

To make an arrest, law enforcement only needs probable cause to believe that the law has been broken. If a warrant is issued, law enforcement doesn't determine whether you're innocent or guilty, they only need to determine if the warrant is valid. Your innocence or guilt is something decided in court.

Expert:  Brandon M. replied 2 months ago.

However, if an arrest is made without probable cause, a lawsuit is possible. If, for example, a warrant is issued based on lies, or if the police don't have reason to believe that the law has been broken, it is possible to sue.

Expert:  Brandon M. replied 2 months ago.

Let me know if further information is needed, and please feel free to leave a positive rating once you are finished. Thanks.

Customer: replied 2 months ago.
But don't they need probable cause to pull up to even check your info to know you have a warrant? Wasn't driving, you could clearly see I was putting oil in car, no music no nothing car was not running.
Expert:  Brandon M. replied 2 months ago.

Can you clarify what the layout was like? Do you live in the middle of the woods? Was your driveway gated? How long is your driveway? How far did they have to venture off a public road to get to your car?

Customer: replied 2 months ago.
I was in a parking lot of a business under light in lot off of hwy 72 Athens al. Maybe 50 ft from center of hwy. You could clearly see I was maintancing my engine. Is that probable cause? They didn't ask if I needed any help! I am a woman, I think they knew who I was and going by who I live with and pinned me out! Didn't read me my rights took me across county line and charged me with manufacturing when I've had hazmat on license and hauled tons of chemicals i know what they can do plus I don't know how to make the crap, never been to Jail and I'm 45. Now you tell me. I need a good attorney and I want compensated! Actions show more than words, and I'm no drug maker. My rights have been violated because of assumption I'm guilty because people I know. That shit just isn't right. At least drag out and make Lauderdale county be out of more money on their court hearings.
Expert:  Brandon M. replied 2 months ago.

Was the parking lot open to the public?

Customer: replied 2 months ago.
Well yes, I pulled in it.
Expert:  Brandon M. replied 2 months ago.

If you were in a public parking lot and the police pulled up to you, no probable cause would be needed to do so. Police are allowed to interact with the public. In fact, they have a duty to do so. They need reasonable suspicion to detain someone and probable cause to make an arrest. I'm not saying that they had probable cause to make an arrest, but there's nothing wrong with just pulling up to you.

Expert:  Brandon M. replied 2 months ago.

So if there wasn't probable cause for an arrest, take your case to a local attorney and sue the snot out of them. Let me know if I may be of further assistance, and please feel free to leave a positive rating once you are finished. Thank you!

Customer: replied 2 months ago.
That's right but checking my name for warrants when I was clearly having machanical issues on a dark late nite and being a polite nice woman is not probable cause to run my name. I want to know where the protect is in PROTECT AND SERVE... oh they just serve warrants that they conjure up. That's alabama for you, they do it cause the whole state is broker than our other states and nobody got $ to stand up for themselves. I DO! MONEY TALKS THEY SAY. HAVE A NICE NITE
Expert:  Brandon M. replied 2 months ago.

Thanks, ***** ***** definitely wish you the best. Was I able to answer your questions to your satisfaction?

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