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To: Candor7
If these are the facts, it would appear that she has a case against the Officer for tortious false arrest and false imprisonment, and also against the town of Mesa.

Better yet, she has a claim under the Federal Civil Rights Act, 42 USCS §1983, for deprivation of her constitutional rights without due process of law. (The "due process" in this case would have been a simple field Breathalyzer that would have demonstrated that she was 100% sober.)

The very simple solution is for all police departments to equip their patrol vehicles with audio and video recording devices. The police department in my city did that about three years ago and the result has been a significant reduction in the number of DUI arrests and a significant increase in the number of convictions of those who are arrested. Let's face it: Cops lie like Bill Clinton, except when they know they are being recorded, in which case they tend to follow the rules and only arrest people those people who, from any reasonable objective standard, are driving under the influence. As a result prosecutions are down, but convictions are up because the audio/video tapes are much more believable than a lying cop with an attitude.

81 posted on 06/05/2008 4:53:32 AM PDT by Labyrinthos
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To: Labyrinthos
Well looks like federal court jurisdiction, and a parallel law suit for the torts. It will be an interesting set of Statements of Complaint.
86 posted on 06/05/2008 12:20:34 PM PDT by Candor7 (Fascism? All it takes is for good men to say nothing.)
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To: Labyrinthos

I think we all should have audio and video equipment in our own cars just to protect ourselves from the cops.


93 posted on 06/05/2008 9:11:46 PM PDT by elkfersupper
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