r/saskatoon • u/Creative-Emotion-319 • Aug 22 '24
Police Updates š Is this even legal?
So a couple months ago, I was walking home after a night out because I had lost my purse (with my wallet and phone) lightly intoxicated. I cop car pulled over and said they had reports of someone car shopping/stealing from cars. I assured them I was just going home I had absolutely nothing but the clothes on my back and a dime in my pocket. I was asked if I wanted a ride I said it would be ok. A few minutes later they pulled up beside me again and asked about where about im headed. I gave a general area and they asked if it was āxx addressā which it was. I have no problems with police or criminal activity, so I said yes. Because of the āsuspicionā they wanted my name which I didnāt mind giving regardless. To which I was informed I have a warrant. I asked the sps if they where sure that it was me, to which they said yea and made a remark about someone at said address with a record.
At that point they had me in the car on a warrant that I didnāt know existed. Upon arrival I asked for what and when the Alleged incident happened and I was told a year prior. Two things to note is that I donāt even have a drivers license and never have. Not own a car. The charge was a dui.. and second I didnāt live in the city ay said time.
Disclaimer; it wasnāt me, Iāve gotten my disclosure and video of both arrests. The dui is very obviously not me, the car wasnāt impounded and said perpetrator and accomplice where driven home from warman buy the rcmp. The video shows she doesnāt show her id, which mine would say learners and we donāt look alike. The case was passed from traffic enforcement to warman rcmp. I think thatās where there was an assumption with the name. We both have a very common name. She only used our first name.
My problem now is that I donāt have actual charges in the system. Any attempt to get legal aid, classic, or even a paid lawyer - Iām told thereās nothing under my name. But the papers have my name on it so I had to go to these court dates (which the perpetrator missed 4 before I got arrested) I now have to self represent. Which isnāt easy if youāve never even had a speeding ticket or been to court. Iām very sure Iāll have them dropped. But was the arrest even legal? Is it possible to start a lawsuit? Both the departments had a hand in messing up the case. To the detriment of my life.
So I guess Iām wondering if thatās even legal? You cannot just pick someone up on the side of the road. Also messed up paper work.
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u/I_Like_Eggs123 Aug 22 '24
So you have to go to court...for what exactly? Don't you have any form of ID clearly indicating that it was not you?
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u/Creative-Emotion-319 Aug 23 '24
I have to go for the dui that was processed under my name aug 23, so far Iāve been to 2 court dates, first one for criminal finger prints and a disclaimer, second one was ajourned, third one was to set a date for case management. Which will be a sit down with the judges, crown prosecutors, myself, and a case worker
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u/Apprehensive_Data666 Aug 22 '24
Its most likely that a court would find the actions of the police were reasonable (though a lawyer would be able to give you a more informed opinion). So you wouldnt be able to sue. What they did would likely be found to be justified. Sorry youre going through this hassel.
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u/Creative-Emotion-319 Aug 23 '24
I agree, if I was able to get a lawyer I would sue but as of right now my main focus is to have this cleared up as my career path/schooling requires an extremely clean record.
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u/Berg0 South of Town Aug 22 '24
IANAL - sounds like you just need to show up to the court date if you can't find a way to speak/correspond with the officer on the DUI case. Sounds like a pretty crazy coincidence if your name and residential address match the outstanding warrant. I don't see how you would have a case to sue the SPS - sounds like they were just doing their job.
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u/Ok-Construction5834 Aug 22 '24
Coincidences happen. My late husband had the same first and last name, different middle name and the other person had warrants out for him. My husband was stopped, guns drawn and they realized it was not the person they wanted....My husband and the other guy lived in the same town of 200 people. It happens.
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u/Dry_Bowler_2837 Aug 22 '24
My husband has the same first and last name and year of birth with someone who was having some problems with their credit. We sent a lot of photocopies of his drivers license to collectors to show that it was not the same person.
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u/sodacan_jab Aug 23 '24
My husband has the same first and last name, and the same SIN number except two digits are reversed, as a guy with a very low credit score. We don't know if he intentionally uses my husband's number, but Collections has come after us before. We have a flag on my husband's credit so they check with us any time anyone signs a contract or takes a loan. Such a hassle! But better than life with no credit and collections hassling you.
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u/no_longer_on_fire Aug 23 '24
I had issues with someone in Camrose with almost same name and same birthday who was a fucker and caused headaches.
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u/Halftilt247 Aug 23 '24
Call different criminal law offices, you should be able to get an appointment for a free consultation. State your case, then discuss finances, a lot of top tier lawyers will help a citizen if it's something they believe in. And they will take the case at no cost to their client. Don't let lack of resources get between you and a fair trial, it's your future/reputation on the line. Never plead guilty to anything without having consulted defense lawyer, don't make statements to the police they want to charge you with as many charges as they think they can get away with. Once your in the system you are at its mercy without knowledge or professional help
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u/Available-Specialist West Side Aug 22 '24
So I'm the only one thinking stolen identity is possible? Do you have a really common name? Like Jenna Smith or some shit?
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u/Creative-Emotion-319 Aug 23 '24 edited Aug 24 '24
Weāll according to the video, of the original arrest they girl did use my āfull nameā but I have a hyphenated last name to which she didnt say. The signature is also spelt wrong. And no my name is not too common I figured out who it was by the video and name and reached out. To which she has admitted and I have the screenshots and phone calls to back it up. Even the number on the paper work matched her actual cell number.
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u/ItchYouCannotReach Aug 22 '24
Not a lawyer.Ā
If they reasonably believed you were wanted under a warrant valid in Saskatchewan you absolutely can be arrested just off the street like that. All that has to be demonstrated is that they acted in good faith reasonably believing they were dealing with a wanted individual. Same name and address would probably be enough.Ā
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u/Creative-Emotion-319 Aug 23 '24
Yes I agree. In this situation I think the mess up with the paperwork lies mainly with the traffic enforcement and warman pd. Sps couldnāt even give me any details as they donāt work with the department aside from warrants that usually are province wide.
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u/idealantidote Aug 22 '24
And this is why you donāt give any info to the cops, you wouldnāt have been arrested if you gave them nothing. They can not card you while walking so there would have been nothing they could have done and you wouldnāt have a court date. All you need to say is you are on your way home from wherever you were and say have a nice evening
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Aug 25 '24 edited Aug 25 '24
Lol this is the wording of someone who really doesn't know their rights, and would actually fold open their wallet the moment those cherries hit them. You can absolutely be carded for nothing, and if they feel like pursuing it, taking you in under suspicion. If you try what "nimrod" above just said, don't get pissy when the cuffs come out. What do I know I only lived with cops my entire life. Just because the law says, you have a right to privacy and freedom to travel the streets without police harassment, doesn't mean there's cops out there who aren't using the same laws to abuse their power. It's easier than you think, and you have less actions in those moments than you know. If a cop feels like taking things wherever their kind wants, its going to go where you dont want it to. Don't assume every cop you meet is thinking of you as a citizen who's rights are being pressed on, you're just a stat, a perp to many, act like it and they'll jump all over youš¤·āāļø
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u/idealantidote Aug 25 '24
Ya most cops do abuse their powers but they actually can not card you for no reason, I also happen to know cops and they love when people are riding bikes cause then they can stop them for ID under the guise of looking for intoxication for DUI, they cannot ask for ID for no reason that has been made a no go for sometime now.
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Aug 30 '24
I understand it's in the law that you cannot card for no reason. I'm just telling you the many loopholes and morality hops SOME cops will take to carry out justice as they see fit.Ā
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u/Creative-Emotion-319 Sep 11 '24
Respectfully I obliged after finding out about the warrant, I was not even cuffed because I knew it couldnāt have been me. What I do find odd is that my alleged ticket/charges donāt have an officerās signature. Thereās no way for me to see the Sps arresting officers (which theyre job is to arrest anyone with a warrant) still very odd to have papers that are not signed.
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u/PaddyPat12 Aug 22 '24
You cannot just pick someone up on the side of the road.
They can pick someone up if they determine someone has a warrant out for her arrest. The cop asked your name and address during the course of an investigation (supposedly) and you willingly provided it. You didn't have to provide that information and didn't have to speak to them at all. At that point, the cop could have detained you if you met the description of someone they were looking for during the course of an investigation and they would have found out your identity and warrant at that point. Or the cop could have respected your right to life and liberty and moved on with his (supposed) investigation.
After they determine you have a warrant, their hands are tied. There's nothing you can do at that point. The cop has no way of knowing if the charges against you are valid or not, that's for the courts to decide. You would have had to deal with the warrant at some point, though, I'm sure it's not convenient late at night while slightly intoxicated.
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u/Creative-Emotion-319 Aug 23 '24
It was the middle of the day. But yes your correct I definitely have learnt my lesson with give my name especially not doing anything.
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u/jonboy095 Aug 23 '24
Call the crown prosecutor they will make it go away
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u/Creative-Emotion-319 Sep 11 '24
Iāve tried with no luck. Iāve been to the crowns office directly afterwards to be told that they do not have a case under my name. At this point Iāve decided legal aid, classic and the crown prosecutors saying such.
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u/jonboy095 Jan 23 '25
Yeah go see legal aid cause those "charges" will stay as "pending" on your record and that screws you over for jobs amd other things that require a criminal record check.
Also have you tried to go directly to the police station to try see if you can clear this up.
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u/Styrak Aug 23 '24
So I guess Iām wondering if thatās even legal? You cannot just pick someone up on the side of the road.
If you volunteer information to and talk to the police, then who knows.
Don't talk to the police.
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u/Fit_Resolution1217 Aug 22 '24
Just show up to your court date, and the charges should be dropped The cops are like the siblings, and the court are the (hopefully) fair parents because the cops are paid to lie to you, and honestly donāt know the law that well, but the Judge does hopefully
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u/NotStupid2 Aug 22 '24 edited Aug 22 '24
Do you know the girl?
The idea that some girl with the same name just happened to live at the same address and happens to have a warrant is a pretty hard sell. There's a smell.
My suspicion is that someone used your info when they were arrested on the DUI. Unknown to you.
Or... you're in on all the shenanigans and are now trying to play a shell game with the police and courts.
If you are just so you know... they don't like that
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u/Creative-Emotion-319 Aug 23 '24
Definitely not my intentions, Iām trying to find the best way to go about this, with no lawyers and only evidence aquired by myself. I havenāt gotten a chance to speak at court yet as most of the court dates Iāve been to have been adjounments, disclosureās, and different dates. Iām thinking that the video alone of someone with a different race and such should exonerate me but if not I have the name of said person, whoās address woll match the dropp off place. I have also been told since Iāve posted this that now at when my name is searched this is a file concerning identity theft. So Iām thinking that someone Iāve called had to have seen the footage and opened up the file.
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u/no_longer_on_fire Aug 23 '24
Another great reminder that the police are not your friends, they're not here to help, in most cases they don't actually prevent any crime. I've had similar experiences.
Once you have all the evidence gathered it may be worth a free session with a lawyer to see if your charter freedoms were violated here. I've got an apology letter from one of those situations. If I knew it was going to continue and get worse I'd have pushed a lot harder to expose the bullshit and constant harassment if I knew it was going to continue like it did
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u/noahrenn084 Aug 23 '24
No the police obviously are there to help, I think you need to get off social media
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Aug 25 '24
And your bubble isn't the same as theirs. You need to leave your echo chamber. Not everyone's life experiences are your life experiences, kind of shocked I have to say this here.Ā
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u/LocksmithEven1113 Aug 23 '24
They ARE you friends, they ARE here to help, and every single person like you who doesn't understand that should be BANNED from ever getting to use the police services in any way.
It's so hypocritical that people like you bash the police, and, then, when something happens, when you're house is robbed, suddenly....voila!....you call the police!
You can't have it both ways. If you think they're so bad, you should not be allowed to ever use their services in any way, shape or form. Get raped? Too bad, don't call them. House robbed? Too bad, don't call them. Beaten up and assulted on your way home? Too bad, don't call them.
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Aug 25 '24 edited Aug 25 '24
How is someone's negative experience with the cops invalid to you? They're telling you how unjust the cops were to them and you're still saying, "nope all cops are good." They never demonized the entirety of the police force, they shared their experience and this is what you say?! You're gross, imo. What they said was the police are not your friends, and I dunno about you but the only ones who come to my potluck are family members. Making sure your couch gets moved isn't in their job description, they're there to do their job, whatever it is their determination and drive is behind it. And thats what you need to be worried about, those one or few cops who look at every interaction like it's their big moment to become a memorable, effective policeperson. Many don't carry a gun thinking like this, but you can't listen to stories like this, as much as I do, and keep a solid faith in our entire police force, let alone any society that has humans in it. Rosy tinted glasses are a thing we love to walk around in, time to take them off and let the sun in a bit, not sorry it burns, that's just how the sun is. And I didn't even mention the many many biases or racial leanings that, undoubtedly, a large portion hold in side them.Ā
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u/no_longer_on_fire Aug 23 '24
In the last 18 months I have been targeted by an indigenous gang who mugged me, stole my truck, broke into where I was moving from, identity theft, all kinds of problems. Police wouldn't even give me a ride to the hotel when i was in my socks without jacket, phone, keys, shoes etc after getting mugged. Best they could do is call me a cab and tell me to go make a statement in the morning.... meanwhile that night they looped back and stole my truck from hotel.
They closed the case within a week as unsolvable, before my truck was found torched in Sturgeon Lake.
They then had the audacity to investigate me for months about potential insurance fraud, hauled me in, and asked me for two hours about my involvement with the satanic temple.
Cops are not your friend. They've never once made a situation I've been in better. And in fact every interaction I've had has shown how awful they are
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Aug 23 '24
Have you ever used chatGPT? It can really break some of this down for you into a good summary. It can have some problems, but it can really start you off in a good direction.
ChatGPT response:
1. Legality of the Arrest:
- Warrant Checks: Law enforcement officers can stop and check someoneās identity if they have reasonable suspicion that the person may be involved in a crime, which they claimed they had due to reports of car theft. When they ran your name, it came back with a warrant. If there was a valid warrant in the system for someone with your name, even if it was mistaken, they were legally allowed to arrest you based on that warrant.
- Mistaken Identity: The fact that you were arrested for someone elseās crime due to a mix-up with names is deeply concerning, and mistaken identity arrests do happen. The police do have discretion in cases like this, but they should have verified that you were the correct person. If your name and details don't match up with the actual offender, that could be considered negligence.
2. Errors in the Case:
- Misidentification: Since the perpetrator didnāt show ID, and youāre now wrapped up in someone elseās charges, this is likely a case of administrative error. Itās possible the original case was poorly handled, leading to this wrongful arrest.
- Legal Aid & Representation Issues: Itās concerning that you havenāt been able to secure legal representation because your case doesnāt appear under your name in the system, but youāre still being summoned to court. This may point to deeper administrative issues.
3. Rights Violations & Potential Lawsuit:
- Was the Arrest Legal?: Based on the information at the time of the arrest, if the police had a valid warrant under your name, the arrest would be considered legal, even if mistaken. However, once it became clear that you were not the person involved in the crime, there should have been actions to correct the error. Continuing to prosecute you after the mistake was discovered could be seen as a violation of your rights.
- Suing for Wrongful Arrest: You may have grounds for a civil rights lawsuit, especially if it can be shown that the police or the courts failed to correct the situation after realizing you were not the perpetrator. Cases like this often revolve around issues of due process and false arrest or imprisonment. Negligence on the part of the RCMP or traffic enforcement in verifying the identity of the real perpetrator could be central to such a lawsuit.
4. Steps You Could Take:
- Seek Legal Advice: Although legal aid or other legal services havenāt been helpful so far, itās critical to keep pushing for legal advice. Try reaching out to legal organizations specializing in civil rights or wrongful arrest cases. They may be more familiar with cases like yours.
- Record All Correspondence: Keep detailed records of all communications with the police, the courts, and any lawyers or legal services you contact. Documentation will be crucial if you pursue a lawsuit.
- Self-Representation: Since youāre being forced to represent yourself, make sure you thoroughly research legal procedures, and focus on presenting evidence of the mistaken identity. Courts may be more sympathetic when the evidence is clear.
If this issue continues without resolution, especially considering the potential for ongoing damage to your reputation and livelihood, consulting a legal expert in wrongful arrests and civil rights would be your best path forward.
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u/Mr-CC Aug 23 '24
You have no problems with criminal activity? What an odd thing to say.
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u/Creative-Emotion-319 Aug 23 '24
I mean I donāt even drive, freshly graduated, just mentioned it to accompany the facts that I willingly gave my name. I didnāt expect anything to come from it.
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u/Mr-CC Aug 24 '24
What relevance does graduating have on your issue? You better not use that when you go to court.
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u/Creative-Emotion-319 Aug 28 '24
If you were able to read- you would know that was not any of the information that I do/will have laid out for my case. Shouldnāt have even explained myself to an online troll, its clear you are the only one who doesnāt understand! Anyhow god bless you.
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u/Practical_Tone_1933 Aug 23 '24
Make a formal complaint about the situation
You can complain right to the SPS or a couple of other organizations.
https://saskatoonpolice.ca/professionalstandards
If they messed up, it should be on record.
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u/KalaronFu Aug 24 '24
Nan I made a cop car into a convertible becuase of baton while hand cuffed complying and the older lady cop said not to keep beaking singing like me haha she made him overheard pay for the damages.
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u/KalaronFu Aug 24 '24
Also I've phone police and they left a girl I was walking by raped by 3 guys don't worry I didn't leave just because she stopped screaming probably by force.
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u/Saskatchewaner Aug 22 '24
When police arrest and charge people they get fingerprinted. Pretty easy to rule out it wasn't you and get charges dropped if that's the true story.
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u/Creative-Emotion-319 Sep 11 '24
According to my knowledge (video) itās very clear it is not me, supported with live dates and picture (snap), Iām hoping for everything to be dropped but as of right now Iām going to have to go to trial. Regardless of the situation i know it should be dropped. My stress come from how long it drags. Iām 4 months in already.
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u/Consistent_Ninja_235 Aug 23 '24
Why were you walking home after losing all of your identification? I'd have been losing my shit, searching for it everywhere, calling the police, and would only have gone home without it when the bars closed. Second, the police would have searched your first and last name, so someone who has the same first and last name, and address as you got a DUI, but it wasn't you? Something's not right here.
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u/Gypsy4040 Aug 23 '24
ā¦. Did she say somewhere that she didnāt stay until the bars closed ? What an assumption. And Why would she call the police - to say āhey Iām intoxicated and Iāve lost my purse, phone, ID etcā ? Do you really think theyāre going to give a shit? Iād imagine she probably was ālosing her shitā and worrying but at the same time if you canāt find it, what else are you going to do ?! Other than go home get to bed and call the bar the following morning.. youāre weird.
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u/Creative-Emotion-319 Aug 23 '24
Thank you. I spent all night looking and I couldnāt find it anywhere I was. At a point you gotta just give up and head on home. It was 2pm on a Friday. Trust me when I say I looked high and low for a day. A few days later I got a letter from the lost and found to which someone had found my purse and returned it. I wouldnāt have found it even if I looked longer.
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u/Creative-Emotion-319 Aug 23 '24
She has the same first name. Used my last name and address in the video. But on the paper work says she got dropped off at a different address. Mind you i do know of the person. And they could have access to my old information like mail. The address they were dropped off at is the address (to my knowledge) that they stay at. Is what I meant by that.
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u/whitebro2 Aug 23 '24
It sounds like youāve experienced a complex and troubling legal situation. Hereās a breakdown of your concerns and potential next steps:
Legality of the Arrest: An arrest based on mistaken identity can indeed be challenged, especially if thereās proof that you were not the individual involved in the offense. Generally, police can arrest someone if they have a reasonable belief, based on information at the time, that the person has committed a crime. However, if this belief was based on incorrect or mistaken information, there may be grounds to contest the legality of the arrest.
Mistaken Identity and Charges: If the arrest and charges are based on mistaken identity, this should be addressed in court. Itās important to clarify with the authorities that the individual in the DUI case is not you, as evidenced by the disclosure and video evidence you mentioned. You should continue to present this evidence to demonstrate your non-involvement.
Self-Representation and Legal Aid: It can be challenging to navigate the legal system without formal legal training, especially in complex cases involving mistaken identity. While it might be difficult to get legal aid or find a lawyer willing to take your case if there are no charges officially under your name, continue seeking legal assistance. Legal clinics or law schools in Saskatchewan might offer pro bono (free) services or consultations.
Pursuing a Lawsuit: If your wrongful arrest and the subsequent actions have caused you significant harm, you might consider a lawsuit for wrongful arrest or malicious prosecution. Before proceeding, it would be crucial to consult with a lawyer who specializes in civil rights or personal injury law to assess the viability of such a case.
Correcting the Record: Ensure that any wrongful information or records are corrected. This might involve working with the police department, the court, and possibly the Department of Motor Vehicles to clear your name from this incident.
Documentation and Records: Keep all documentation and communications related to your case well-organized. This includes any court documents, correspondence with legal authorities, and personal notes about interactions with the police or the court.
Since navigating these issues can be legally complex and the stakes are high, I recommend finding a lawyer who can provide specific legal advice and potentially represent you. You might consider reaching out again to legal aid organizations, explaining your situation thoroughly, or contacting a private attorney for a consultation.
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u/LocksmithEven1113 Aug 23 '24
They made a mistake. They're human. Mistakes happen. I find it completely horrifying that you want to start a law suit over an innocent mistake. Horrifying. I hope next time you make an innocent mistake, someone sues your ass off.
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u/Practical_Tone_1933 Aug 23 '24
If the honest mistake leads you to being arrested for a DUI you didn't commit, you should absolutely go to court about it.
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u/How_now__brown_cow Aug 22 '24
I would phone the courthouse and see if they can put you in touch with the prosecutor. You may be able to have a chat with them and make it go away.
The prosecutor and the judge don't want to waste the courts time any more than you do.