Recent submissions

Comment · 23 days ago
Just totally fabricated. The indictment does not say the debit cards were stolen, it says he paid the issuer for them.
Comment · 23 days ago
This is just totally made up. The indictment says he paid for the debit cards. There's no allegation that it was stolen.
Comment · 3 months ago
Thomas Alan Arthur is currently serving 40 years in a US prison. He was convicted of publishing fictional text stories and two cartoon style drawings. (Note that he was accused of assault decades ago, which apparently factored into his sentence, but he was not charged or convicted of that.)
Comment · 4 months ago
In this case the statement they checked off said that there was an unlawful reproduction of a trademark. There was no reproduction at all, since the products were originally manufactured by the brand. Boggles my mind how that can be an opinion.
Comment · 4 months ago
Comment · 5 months ago
The case shouldn't have been brought, but even if brought he should have had a prompt bond hearing and been let out within 24 hours.
Comment · 5 months ago
My concern is that new crimes will be weaponized.
Comment · 5 months ago
In short, unlawful means different things in different contexts.

In the context of false imprisonment, it generally means without legal process, and legal process later overturned does not count.

See eg. https://caselaw.findlaw.com/court/us-supreme-court/549/384.h...

>Reflective of the fact that false imprisonment consists of detention without legal process, a false imprisonment ends once the victim becomes held pursuant to such process--when, for example, he is bound over by a magistrate or arraigned on charges. Dobbs, supra, §39, at 74, n. 2; Keeton, supra, §119, at 888; H. Stephen, Actions for Malicious Prosecution 120-123 (1888). Thereafter, unlawful detention forms part of the damages for the "entirely distinct" tort of malicious prosecution, which remedies detention accompanied, not by absence of legal process, but by wrongful institution of legal process

Comment · 5 months ago
What does that have to do with the elements of false imprisonment?
Comment · 5 months ago
Magistrates are supposed to verify that the warrant contains probable cause and reject ones that don't.

You could make the system more adversarial at that point, although I think enforcing bail hearings where a public defender can argue would help in this and many other cases.

Comment · 5 months ago
>We need to tame the impulse to throw people in jail for doing things we dislike

And in comments I expanded on this and gave several specific reforms.

Not sure what your understanding was.

Comment · 5 months ago
Look up the elements of false imprisonment.

When there's a warrant, even if wrongly granted, the arrest and imprisonment is considered lawful.

Comment · 5 months ago
The magistrate judge should not have approved the warrant. They should have had a bail hearing within 24 hours, at which it would have been clear that they posed no threat.

Instead somehow bail was set at $2 million and the hearing to reduce bail was delayed.

Those are flaws in the system that should be fixed, and will continue harming people even without bad faith from sheriffs.

Comment · 5 months ago
The warrant here was approved by a magistrate judge, and I would suggest making the process for approval more robust to reduce this kind of abuse.

Personal civil liability and firing can also help.

Comment · 5 months ago
As I mentioned elsewhere, neither currently apply because due process of law was followed.

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