my story of wrongful arrest

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  • txt2020

    Active Member
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    Nov 14, 2012
    33
    6
    baton rouge la
    well go tell that to the ascension parish sheriffs office buddy cause actually it should just been a warrant for failure to appear not non support but seeing on my last court date if you you read the post correct the da told me i didnt haft tto come to court my next court date if the payments started coming out of my payroll check and to the state online witch they did and i never missed a payment ! therfore there should have been no warrant and no arrest and its my word against the das now and i dont care if they put it on here and you either a cop or work for the court house cause i have heard your quote many times and everything on here is true ass a matter of fact i posted to ascension parish sheriffs facebook page under my arrest post they made and emailed this to clerk of court and six news papers they can tell the whole dam world all this true and i have not a dam thing to hide but thanks for your comment
     

    txt2020

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    Nov 14, 2012
    33
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    baton rouge la
    no not consequences my name is in the computer to pay child support i pay state go back and read post again TOMTERRIFIC AND NO SIR I WAS NOT SERVED A WARRANT I GUESS MY LAST COURT DATE I WENT TOO WAS MY WARRANT ? THANKS FOR YOUR HELP SORRY TO COME OFF PISSED BUT I AM SORRY BUDDY thanks for your comment
     
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    OneStory

    Warrior in God's Army
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    Feb 5, 2010
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    Wandering
    Most of the people involved were "just doing their job" because at least one person screwed up.

    We need to do our job. Resist oppression. Encourage liberty.
     

    kcinnick

    Training Ferrous Metal
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    Dec 24, 2008
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    Most of the people involved were "just doing their job" because at least one person screwed up.

    We need to do our job. Resist oppression. Encourage liberty.

    Yeah, well they put a huge loophole in the resisting unlawful arrest law, all the LEA has to say is they were working with bad information they thought was good. We are already screwed to the walls.
     

    txt2020

    Active Member
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    Nov 14, 2012
    33
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    baton rouge la
    yes sir i truly believe that and its gonna cost me a ton of money but im going to get a lawyer thats for sure i atleast would like a public apology in the paper and on the ascension parish sheriffs departments facebook page anyone who is interested can check it out if they dont believe me go to there facebook page look up my arrest its under toby mire me and look what i have posted under my arrest annoucement and no response from them ! I AM TOBY MIRE AND PROUD TO SAY MY NAME BECAUSE I HAVE NOTHING TO HIDE AND WOULD LOVE TO THANK EVERYONE ON HERE FOR YOUR COMMENTS AND SUPPORT AND THE OFFICERS THAT PROTECT AND SERVE I DONT COMPLETELY BLAME THE ARRESTING OFFICERS BUT THEY CAN QUESTION COMMAND WHEN I HAVE PROOF TO SHOW THEM ! ON THE STATES WEBSITE
    Yeah, well they put a huge loophole in the resisting unlawful arrest law, all the LEA has to say is they were working with bad information they thought was good. We are already screwed to the walls.
     

    txt2020

    Active Member
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    Nov 14, 2012
    33
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    baton rouge la
    We need many more of these lawsuits in places where they may be won.

    Man’s arrest on gun charge prompts lawsuit

    By SONYA KIMBRELL
    Advocate staff writer
    http://www.2theadvocate.com/news/police/3100841.html?showAll=y

    Story originally published in The Advocate


    A Baton Rouge man has filed a civil rights lawsuit in U.S. District Court against the Gonzales Police Department, the Ascension Parish Sheriff’s Office and five Gonzales police officers.

    In the lawsuit, Mark Edward Marchiafava claims he was the victim of false arrest, false imprisonment, assault and battery and unlawful seizure of property.

    Marchiafava said Friday afternoon that on Jan. 28 he was in the parking lot at the Tanger Outlet Mall in Gonzales and was wearing an unconcealed blue-steel .357-caliber Magnum in a holster on his right hip.

    A Gonzales police officer asked Marchiafava why he was carrying a gun and asked for Marchiafava’s driver’s license. The lawsuit, filed Wednesday, alleges that the officer checked Marchiafava’s license for violations and returned it. Marchiafava claims that he left as a passenger in a vehicle driven by a friend along with his adult daughter and a child.

    According to the lawsuit, as the vehicle Marchiafava was riding in approached the exit at La. 44, an unmarked Gonzales police unit and four marked police units forced the vehicle onto the median. Five officers surrounded the vehicle and at least one of the officers drew a weapon and aimed it at Marchiafava, the lawsuit says.

    Marchiafava claims he was arrested and taken to the Gonzales police station where he was shackled to a wall.

    He was booked into the Ascension Parish Prison in Donaldsonville on a count of illegal carrying of a weapon. He posted the $200 bail within a few hours and was released.

    Marchiafava, in his lawsuit, claims his constitutional rights under the Second, Fourth and 14th amendments were violated.

    Marchiafava said Friday he also carries a gun for protection. *If you ever need one (a gun), you don’t have time to run home or run to your car,* he said.

    Gonzales Police Chief Bill Landry declined to comment Friday afternoon.

    Ascension Parish Sheriff Jeff Wiley was on vacation and Chief Deputy Tony Bacala would not comment Friday afternoon.

    Ascension Parish deputies were not involved in Marchiafava’s arrest.

    He said the Sheriff’s Office was included in the lawsuit because he was wrongfully imprisoned in the parish jail.
    THIS MAN WON THIS LAWSUIT AND SETTLED OUT OF COURT FOR DISCLOSED AMOUNT WE NEED MORE PEOPLE LIKE HIM !!
     

    RyanW

    Koch-head
    Rating - 100%
    8   0   0
    Nov 5, 2010
    2,377
    36
    Baton Rouge
    We need many more of these lawsuits in places where they may be won.

    Man’s arrest on gun charge prompts lawsuit

    By SONYA KIMBRELL
    Advocate staff writer
    http://www.2theadvocate.com/news/police/3100841.html?showAll=y

    Story originally published in The Advocate


    A Baton Rouge man has filed a civil rights lawsuit in U.S. District Court against the Gonzales Police Department, the Ascension Parish Sheriff’s Office and five Gonzales police officers.

    In the lawsuit, Mark Edward Marchiafava claims he was the victim of false arrest, false imprisonment, assault and battery and unlawful seizure of property.

    Marchiafava said Friday afternoon that on Jan. 28 he was in the parking lot at the Tanger Outlet Mall in Gonzales and was wearing an unconcealed blue-steel .357-caliber Magnum in a holster on his right hip.

    A Gonzales police officer asked Marchiafava why he was carrying a gun and asked for Marchiafava’s driver’s license. The lawsuit, filed Wednesday, alleges that the officer checked Marchiafava’s license for violations and returned it. Marchiafava claims that he left as a passenger in a vehicle driven by a friend along with his adult daughter and a child.

    According to the lawsuit, as the vehicle Marchiafava was riding in approached the exit at La. 44, an unmarked Gonzales police unit and four marked police units forced the vehicle onto the median. Five officers surrounded the vehicle and at least one of the officers drew a weapon and aimed it at Marchiafava, the lawsuit says.

    Marchiafava claims he was arrested and taken to the Gonzales police station where he was shackled to a wall.

    He was booked into the Ascension Parish Prison in Donaldsonville on a count of illegal carrying of a weapon. He posted the $200 bail within a few hours and was released.

    Marchiafava, in his lawsuit, claims his constitutional rights under the Second, Fourth and 14th amendments were violated.

    Marchiafava said Friday he also carries a gun for protection. *If you ever need one (a gun), you don’t have time to run home or run to your car,* he said.

    Gonzales Police Chief Bill Landry declined to comment Friday afternoon.

    Ascension Parish Sheriff Jeff Wiley was on vacation and Chief Deputy Tony Bacala would not comment Friday afternoon.

    Ascension Parish deputies were not involved in Marchiafava’s arrest.

    He said the Sheriff’s Office was included in the lawsuit because he was wrongfully imprisoned in the parish jail.
    THIS MAN WON THIS LAWSUIT AND SETTLED OUT OF COURT FOR DISCLOSED AMOUNT WE NEED MORE PEOPLE LIKE HIM !!

    No, we don't. Do a quick search on his name. He does far more harm than good, especially now that he thinks the cops won't mess with him.
     

    tim9lives

    Tim9
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    Jul 12, 2010
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    New Orleans
    No, we don't. Do a quick search on his name. He does far more harm than good, especially now that he thinks the cops won't mess with him.

    Agreed....From a quick search, he appears to be an anarchist. I imagine he provokes these encounters. Furthermore, considering the recent shootings and murder of police by those Sovereign Citizen members in LaPlace area... and this guys public disdain for police officers...I have little sympathy for his cause.
    I have no doubt we will read about him one day...and it won't be good.
     

    kcinnick

    Training Ferrous Metal
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    Dec 24, 2008
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    Baton Rouge
    I would take Anarchy over what we have now. If you look at the Federalist Papers and US constitution our Federal Government should be just left of Anarchy, with We the People having the power.

    Agreed....From a quick search, he appears to be an anarchist. I imagine he provokes these encounters. Furthermore, considering the recent shootings and murder of police by those Sovereign Citizen members in LaPlace area... and this guys public disdain for police officers...I have little sympathy for his cause.
    I have no doubt we will read about him one day...and it won't be good.
     

    kcinnick

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    Really? I don't think I've ever heard anyone over the age of 16 say that.

    Quote the entire sentence next time.

    Edit: We are now in an Oligarchy, we have two parties that dominate the Federal Government both of which have adopted Socialism. The Republican plan contained 2% less socialism than the Democratic party plan which adopted the Socialist platform 90 years ago. Big choice there. The Federal Government had a budget of 2-3% of GDP for 150 years and we did just fine, we rose as a nation, now they don't even have a budget and spend 25% of the US GDP. Well at least the money they tell us about is 25% of GDP. Damn straight I would prefer going towards Anarchy over what we have now, which is straight up Socialism/Fascism controlled by an Oligarchy. Anarchy doesn't mean no rules like a teenager would think. Anarchy is a level of government which fears the people, they don't use coercion, violence, and force to "manufacture" a peaceful and productive nation.
     
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    Jotuns

    Well-Known Member
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    Jul 22, 2012
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    Anarchy doesn't mean no rules like a teenager would think. Anarchy is a level of government which fears the people, they don't use coercion, violence, and force to "manufacture" a peaceful and productive nation.

    an·ar·chy
    /ˈanərkē/
    Noun
    A state of disorder due to absence or nonrecognition of authority.
    Absence of government and absolute freedom of the individual, regarded as a political ideal.
    Synonyms
    chaos - misrule - anarchism
     

    SpeedRacer

    Well-Known Member
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    Feb 23, 2007
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    Mandeville, LA
    Quote the entire sentence next time.

    Edit: We are now in an Oligarchy, we have two parties that dominate the Federal Government both of which have adopted Socialism. The Republican plan contained 2% less socialism than the Democratic party plan which adopted the Socialist platform 90 years ago. Big choice there. The Federal Government had a budget of 2-3% of GDP for 150 years and we did just fine, we rose as a nation, now they don't even have a budget and spend 25% of the US GDP. Well at least the money they tell us about is 25% of GDP. Damn straight I would prefer going towards Anarchy over what we have now, which is straight up Socialism/Fascism controlled by an Oligarchy. Anarchy doesn't mean no rules like a teenager would think. Anarchy is a level of government which fears the people, they don't use coercion, violence, and force to "manufacture" a peaceful and productive nation.

    I've never heard anarchy described as having any form of controlling government. Not sure where you're getting that from.

    Anarchy is a flawed concept because it goes against our human nature. Humans will always want control and abuse their power. It's in our DNA. Even communes in the '70s failed, and those were friggin' peace loving hippies. Imagine the entire populace trying to work things out amongst themselves.

    Where our country is today is the natural evolution of anything controlled by mankind. Every republic has gone the same route for thousands of years. There's no permanent solution and never will be. It's cyclic. From here we head towards socialism/communism, or collapse. Even if the system failed and got rebooted, let's say in the most ideal way possible (exact reset to 1776), guess where we'd be in 200 years? Right back here. The system is flawed because humans are flawed, and that will never change.
     

    kcinnick

    Training Ferrous Metal
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    Dec 24, 2008
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    an·ar·chy
    /ˈanərkē/
    Noun
    A state of disorder due to absence or nonrecognition of authority.
    Absence of government and absolute freedom of the individual, regarded as a political ideal.
    Synonyms
    chaos - misrule - anarchism

    That is the far left version of Anarchy, a state in which their is no government.

    The far right version of Anarchy would include a federal government with limited power that feared the people, sound familiar? Some guys started a country based on that idea sometime almost 250 years ago. You can look at the left-right as it has been used in the US, you must look at the left-right on an historical political scale. On both ends left and right, there is Anarchy. Far left of communism in its purist sense is an Anarchy of no government, Far right of a republic is anarchy as would be described in the Federalist papers. Our founders are closer to Anarchist than today's form of government. Left/Right in this country is so far left we are really in a society of socialism.

    I think we could have a mighty fine nation operating on 3% of the US GDP, get out of Debt, make being a national leader a position of responsibility and not a position of power and infinite wealth and return the power and wealth to the people.
     

    Hey

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    Nov 23, 2012
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    Good post, Speed. Flawed human beings with a nature to do bad things over the good cannot be expected to adhere to voluntaryism, as coercion and force is natural, perhaps not always chosen, for a human. Some speak about leaving society, and are welcome to do so; the Fed has nothing to do with it. You may exfil to whatever nation or country you wish, or declare yourself sovereign. Do not wish to be a part of some tax that was somehow forced upon you? Do not wish to be an American, or dislike our oligarchical state? Leave; go somewhere beyond the sea if you think there are more golden sands there; you will not likely find it. I have friends from India, Canada, Cuba, Burnkia Faso, and all comment how this is, even in this sickly state, how this is the land of opportunity and freedom, and what we must do to return to our roots.


    OP, PM me.
     
    Last edited:

    kcinnick

    Training Ferrous Metal
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    28   0   0
    Dec 24, 2008
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    Baton Rouge
    I've never heard anarchy described as having any form of controlling government. Not sure where you're getting that from.

    Anarchy is a flawed concept because it goes against our human nature. Humans will always want control and abuse their power. It's in our DNA. Even communes in the '70s failed, and those were friggin' peace loving hippies. Imagine the entire populace trying to work things out amongst themselves.

    Where our country is today is the natural evolution of anything controlled by mankind. Every republic has gone the same route for thousands of years. There's no permanent solution and never will be. It's cyclic. From here we head towards socialism/communism, or collapse. Even if the system failed and got rebooted, let's say in the most ideal way possible (exact reset to 1776), guess where we'd be in 200 years? Right back here. The system is flawed because humans are flawed, and that will never change.

    I had to take a political science class as part of an honors program, mostly dealt with the different levels of government, not US government, but throughout history. Then I am just interested in want our founders created. We did pretty good until the War of Northern Aggression, then the federal government started taking power from the states in the name of war, and we did pretty good on spending until FDR really screwed us up. Today we are a socialist nation that is out of control at the federal level.
     

    Hey

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    Nov 23, 2012
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    I had to take a political science class as part of an honors program, mostly dealt with the different levels of government, not US government, but throughout history. Then I am just interested in want our founders created. We did pretty good until the War of Northern Aggression, then the federal government started taking power from the states in the name of war, and we did pretty good on spending until FDR really screwed us up. Today we are a socialist nation that is out of control at the federal level.

    Well, Woodrow, FDR, KJF, LBJ, ad nauseum. Time for a reboot of it all and to start anew, hopefully in a peaceful way.
     
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