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  #141  
Old 06.02.2015, 13:02
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Re: Unjustified police intervention and pressed charges

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One thing I'm not clear on, was the OP arrested before going to the police station? Must you accompany police to the station if you have not been arrested before hand?

As far as badges are concerned, it would surely be quite easy for criminals to make their own badge. This is really all that's required to compel someone to admit them to enter your residence?
Dack Rambo No, of course I wasn't arrested, there was no grounds for arrest! I was sitting in my own home, suspicion wasn't on me to start with. I am also told the person they were after was not a criminal either, it turns out it was the ex-partner of my landlady, but I am told he was a decent person, no known reason exists as to why he has been searched for. As I said, police didn't tell me anything, just made accusations against me.
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  #142  
Old 06.02.2015, 13:04
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Re: Unjustified police intervention and pressed charges

I am very sorry that you got such a nasty surprise and have my sympathies.

I'll share something that happened to a German friend of mine when he first came here and who happened to have a very common name and surname.

On the very first day he arrived in Switzerland, he stayed in a hotel for the night. The staff took his details etc. as per protocol. Fast-forward to 4am on the very same night and his room was stormed by a team of SWAT-type black-clad commandos with assault rifles!! His reflex was to reach for his wallet (containing his ID) on the night table - a sudden move that could have gotten him shot on another day! Turns out he had the same name as a wanted German criminal.
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  #143  
Old 06.02.2015, 13:06
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Re: Unjustified police intervention and pressed charges

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but they can be accompanied by uniformed officers when appropriate
You have been tipped off that a suspect is at an address. You have a choice:
1) Turn up in a marked police car, sirens blazing and in full uniform
2) Turn up on foot in plain clothes

Which do you think is most appropriate for the task assigned?
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  #144  
Old 06.02.2015, 13:10
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Re: Unjustified police intervention and pressed charges

What is it that you Waco guys makes you open your door if UPS, DPD or die Post knocks at your door for e.g. a parcel? Greed?
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  #145  
Old 06.02.2015, 13:29
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Re: Unjustified police intervention and pressed charges

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Sorry OP, I don't want to derail your thread. Have you figured anything out from a legal perspective in regards to the pending charge?


I have decided it is time to let go of this case. I have better and smarter activities to occupy me.

No legal action for now from my side, it appears that this policeman made a mistake, overestimated his powers, played on my fears, made offender from a victim. To save his own face.

What else can you expect from a person who has an oversized plastic figure of Captain America on his desk?
A hero must remain a hero.

I was angry, anxious, couldn't sleep because of his actions. Apparently this was his intention.

Well, it is time to stop this nonsense.
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  #146  
Old 06.02.2015, 13:38
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Re: Unjustified police intervention and pressed charges

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I am very sorry that you got such a nasty surprise and have my sympathies.

I'll share something that happened to a German friend of mine when he first came here and who happened to have a very common name and surname.

On the very first day he arrived in Switzerland, he stayed in a hotel for the night. The staff took his details etc. as per protocol. Fast-forward to 4am on the very same night and his room was stormed by a team of SWAT-type black-clad commandos with assault rifles!! His reflex was to reach for his wallet (containing his ID) on the night table - a sudden move that could have gotten him shot on another day! Turns out he had the same name as a wanted German criminal.
I have a friend who has the same name and was born in the same Iranian city as a sought after terrorist. He has been arrested several times in different countries. He even has a letter from the US Dept. of Homeland security confirming that its not him and with a number that the police should call if they have doubts.
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  #147  
Old 06.02.2015, 13:41
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Re: Unjustified police intervention and pressed charges

I guess you are not wanting any negative feelings from your Air bnb hostess, but at the same time I think it might warrant warning future guests via the acceptable feedback channels. It seems unfair not to forewarn future guests even if nothing similar happens again.

Like fraud ebay sellers a bit of negative feedback doesn't seem to ruin their business, they just iffer a refund to take away the comment.
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  #148  
Old 06.02.2015, 14:45
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Re: Unjustified police intervention and pressed charges

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Your profile says UK, but your sense of irony feels distinctively American Movies



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  #149  
Old 06.02.2015, 15:04
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Re: Unjustified police intervention and pressed charges

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Well, it is time to stop this nonsense.
You did go see a lawyer, though, I hope.

After all, the police may not drop the matter.

Tom
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  #150  
Old 06.02.2015, 15:11
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Re: Unjustified police intervention and pressed charges

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Not sure what you mean by "haven't been arrested", but they can order you to make a statement on a certain matter
you can be compelled to make a statement even if you haven't been arrested? And if they do arrest you do have the right to silence? Seems contradictory to me.
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  #151  
Old 06.02.2015, 15:15
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Re: Unjustified police intervention and pressed charges

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You have been tipped off that a suspect is at an address. You have a choice:
1) Turn up in a marked police car, sirens blazing and in full uniform
2) Turn up on foot in plain clothes

Which do you think is most appropriate for the task assigned?
Definitely option one if the suspect is a dangerous criminal. If police are not clearly identifiable as such, the criminal may assume that they are members of a rival gang and could well open fire on them.

Plain clothes guys are useful for arresting shoplifters or street drug dealers but certainly not for arresting someone at their home (unless accompanied by uniformed police).
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  #152  
Old 06.02.2015, 15:17
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Re: Unjustified police intervention and pressed charges

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you can be compelled to make a statement even if you haven't been arrested? And if they do arrest you do have the right to silence? Seems contradictory to me.
Seems like it.

Furthermore, you don't have recourse to a lawyer or bail until you're arrested.

So if ever you're having trouble with the police, just demand to be arrested.
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  #153  
Old 06.02.2015, 15:25
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Re: Unjustified police intervention and pressed charges

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you can be compelled to make a statement even if you haven't been arrested?
Yes.

Happened to my wife recently.

She was called in to make a statement about something and look at a bunch of photos, and spent two hours with a criminal investigator in Lugano.

They weren't looking to arrest her, rather they wanted her to file a complaint against persons unknown so that they could arrest someone (who was not unknown to them).

Tom
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  #154  
Old 06.02.2015, 15:54
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Re: Unjustified police intervention and pressed charges

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What is it that you Waco guys makes you open your door if UPS, DPD or die Post knocks at your door for e.g. a parcel? Greed?
Hmmm, maybe because you ordered something that you're expecting? How would you know who's there or what they want until you open it? Maybe you're polite, in the house and someone wants help/attention and to ignore it would be just plain damned rude!!

Are you suggesting that if someone knocks at your door, you just say "f#ck it!! I don't know who that is" and ignore it? Or are you just suspicious of everyone? Not everyone that walks this earth is going to cause you harm or steal from you.
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  #155  
Old 06.02.2015, 15:56
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Re: Unjustified police intervention and pressed charges

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Hmmm, maybe because you ordered something that you're expecting? Maybe you're polite, in the house and someone wants help/attention and to ignore it would be just plain damned rude!!

Are you suggesting that if someone knocks at your door, you just say "f#ck it!! I don't know who that is" and ignore it? Or are you just suspicious of everyone? Not everyone that walks this earth is going to cause you harm or steal from you.
Have you been reading some of the other threads about DHL?
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  #156  
Old 06.02.2015, 16:04
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Re: Unjustified police intervention and pressed charges

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Have you been reading some of the other threads about DHL?
Ooh, no. What did I miss? Have they actually delivered something on time and at the correct location.
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  #157  
Old 06.02.2015, 17:30
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Re: Unjustified police intervention and pressed charges

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you can be compelled to make a statement even if you haven't been arrested? And if they do arrest you do have the right to silence? Seems contradictory to me.
You may remain silent if you're the accused because you have the right to not incriminate yourself.

But you have no right to not incriminate somebody else (exceptions apply, e.g. your wife and immediate family). In such a case you can be imprisoned (Beugehaft) though I don't know how serious the matter has to be to justify that.
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  #158  
Old 06.02.2015, 18:10
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Re: Unjustified police intervention and pressed charges

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You may remain silent if you're the accused because you have the right to not incriminate yourself.

But you have no right to not incriminate somebody else (exceptions apply, e.g. your wife and immediate family). In such a case you can be imprisoned (Beugehaft) though I don't know how serious the matter has to be to justify that.
But then if you are in fact guilty but the police doesn't know that and treats you as a witness .... where then do you stand, seeing you cannot talk yourself out of makeing a statement without either telling a lie or incriminating yourself ... and can't even talk to a lawyer as they won't let you have a lawyer before they arrest you.
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Old 06.02.2015, 22:15
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Re: Unjustified police intervention and pressed charges

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Are you suggesting that if someone knocks at your door, you just say "f#ck it!! I don't know who that is" and ignore it?

It could be one of the Billag guys, after all!
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Old 07.02.2015, 00:53
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Re: Unjustified police intervention and pressed charges

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You may remain silent if you're the accused because you have the right to not incriminate yourself.

But you have no right to not incriminate somebody else (exceptions apply, e.g. your wife and immediate family). In such a case you can be imprisoned (Beugehaft) though I don't know how serious the matter has to be to justify that.
Do you have a link? Are you sure you can be compelled to make a statement, that statement may well be used against you at a later time...... just because you were not cautioned does non mean it can't be used against you.

Edit, I don't believe you can ever be compelled to sign anything against your free will .

Last edited by fatmanfilms; 07.02.2015 at 01:05.
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