Huh? California sheriff raids Indiana business with warrant? Batmobile?

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  • BehindBlueI's

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    Not that's its critical in this case, but a person can be tried criminally in absentia, but it is exceedingly rare.

    Thanks for the correction, I was unaware that could even be a possibility at the state level. I thought it was just 'flee the country on treason charges' sort of incidents.
     

    dlandersson

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    So the sheriff is taking a month long vacation after sending officers to Indiana to gather info on a case that wasn't criminal.... and he lost the election so is out in Jan?

    Sounds to me like he has a new job lined up with wanna be Batmobile owner.
    I think you may be on to something. :)
     

    SnoopLoggyDog

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    HoughMade

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    I doubt there will be a lawsuit.



    One little thing this should demonstrate is how long it takes for legal systems to get anything done even when everyone agrees.
     

    Ingomike

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    I doubt there will be a lawsuit.

    One little thing this should demonstrate is how long it takes for legal systems to get anything done even when everyone agrees.
    This is good but a likely costly outcome for the builder. Then if that is true he should bill the costs to the customer taken off the top of the deposits paid…
     

    HoughMade

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    This is good but a likely costly outcome for the builder. Then if that is true he should bill the costs to the customer taken off the top of the deposits paid…
    I'm not saying a lawsuit would be a loser and certainly not saying that I wouldn't consider it, but there are costs and obstacles.

    First, you have to figure out who to sue. If we are going after a 4th Amendment violation against a state agency, I think a suit against the Indiana LE agency is a loser. A suit against the California Sheriff's office would be stronger, but more needs to be known. Also, it would probably have to be brought in California (state or federal court). A lawsuit against the "customer" seems easier, but you would either have to sue him and the Sheriff or him alone, in which case he would claim he just told the Sheriff what was going on and he had no control over what the Sheriff did.

    Again, it all comes back to the California Sheriff...could be a decent suit on liability, then we have to look at damages. Attorney fees, certainly, but beyond that, I don't see it. I think there's a good chance that Mr. Racop's reputation has been enhanced by this.

    This is all off the top of my head....there could be something here. Will be interesting to see what happens.

    If it were me, I would probably go down the road towards a suit against the California Sheriff, make a tort claims notice (assuming there is that requirement in Calif.) and see if something could be negotiated short of suit.
     

    Destro

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    Sometimes criminal law and civil law can overlap. Sometimes one venue is more appropriate or both are appropriate.

    Even if the pretext for the search was to help his buddy, it wouldn't be illegal if it was supported by the probable cause. Something is going on here, so I would imagine the PC is probably OK.

    I think the accountability will need to come from California voters.
     
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