I see a class action law suit coming

I see a class action law suit coming

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  1. #1
    Ex Member Array gunther71's Avatar
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    I see a class action law suit coming



  2. #2
    VIP Member Array Hiram25's Avatar
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    You'd think they would have checked into that before they used the kits! Yep, this one goes to a lawyer!
    Hiram25
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    Should've told the cops: "That's nacho cheese!"
    Liberty, Property, or Death - Jonathan Gardner's powder horn inscription 1776

    Tu ne cede malis, sed contra audentior ito.
    ("Do not give in to evil but proceed ever more boldly against it.")
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    VIP Member Array mlr1m's Avatar
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    The sheriff's office is writing Hernandez a $400 check to cover the food he lost when deputies thought it was drugs. But Hernandez said that isn't enough to also cover other expenses like the impound fee for his truck.
    I know that it is common but making innocent pay for impound fees has always angered me. You should not have to pay a fee to correct the mistakes of others.

    Michael
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  5. #5
    VIP Member Array paramedic70002's Avatar
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    Well he did attempt to flee instead of talking to the police. You'd think the whole "cheese may show positive' thing would be covered in the existing training that SHOULD be required before use. And does cocaine smell like nachos???
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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    I see several issues here; First, relying on a Nik test (I'm making an assumption on the name brand) to be the end all test. They are designed to give the officer in the field a idea if he should proceed with further investigation or not. They pound this in the training and it says so right on the package. Second is the communication issue; driving off when an officer approaches is generally a bad idea. The mans tires and even his jail time are a lost cause to get back, he earned those stupid prizes.


    So, the officer had RS for the stop in the first place, man drives off. Strike one against the man. Deputy gets vehicle stopped, (assuming he followed applicable law and procedure) Base hit for the deputy. Deputy uses Nik kit to test the food, food comes up positive... no other tests (we can only assume) to verify- strike one for deputy. But, man is already in hot water for driving away from a legal stop... the man is on the losing end of this one. He earned his flat tires and four days in jail IMO, at this point, the bad drug test doesn't matter. Drugs were not the pc for the stop, so the integrity of the contact is remains intact. No law suit, move along, do not collect $200.00.
    "Just blame Sixto"

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    VIP Member Array suntzu's Avatar
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    Sixto: Me not being LEO I have a few questions for my edumication.
    1. I understand the deputy thinking he may have been fleeing, but I have had a similair situation where the trooper was not very clear on what to do. But anyway, was he put in jail and charged with fleeing or whatever it is called? If not he was in there for the suspicion of drugs.
    2. If he was in there for the suspicion of drugs wouldn't that negate what you said about no lawsuit? You even said the deputy had a strike against him.
    3. If you are held in jail that long don't they have to tell you why you are there?
    4. And it sounds like he was not charged with anything at the end of the ordeal.
    I guess what I mean is I can understand after him "fleeing" for the deputy to look further, but one should not have anything to do with the other if he was locked up soley on the basis of the test which appears to have been faulty.
    And by them paying him 400 dollars would that hurt them in court because it does show that the police were partly at fault?

  8. #8
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    Class Action lawsuits require a "Class". The legal definition of "Class" is very strict. Where is the "Class". Ain't gonna happen. NOT even in North Carolina.

    But Hernandez missed a turn and ended up in Asheville. He told the newspaper through an interpreter that he saw steam coming from his truck and pulled over. A deputy approached, and Hernandez thought the officer wanted him to move and drove away with his hazard lights on. Officers thought he was trying to flee, and punctured his tires.
    He didn't wait to ask what the officer wanted? Tsk tsk................
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  9. #9
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    Quote Originally Posted by mlr1m View Post
    I know that it is common but making innocent pay for impound fees has always angered me. You should not have to pay a fee to correct the mistakes of others.

    Michael
    It's even better when you have to pay impound fees because your car was STOLEN and recovered...
    Rock and Glock and OldVet like this.
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  10. #10
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    1. I would hope he was. That was the only charge they had at that point.

    2. Yes, but it does not negate they fact that there is (or at least should be) other charges

    3. Yes. They are not going to hold anyone in jail without charges. They can hold in a holding facility until they sort out details, and that is different than actual jail.

    4. I did not get that impression... but its very possible. Administrations do far more stupid things than the rank and file.

    5. See answer to number 4. But in fairness, who knows what the circumstances were. The man gave the deputy plenty of suspicion and reason to search his vehicle. Maybe the deputy destroyed the food prematurely. Maybe it was pacakged in such a way that it had to be destroyed or at least tainted for the test. There are just to many variables to answer that accurately. We can only speculate.
    "Just blame Sixto"

  11. #11
    VIP Member Array suntzu's Avatar
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    Thanks. There were a lot of details missing. News now a days suck...no details. Kinda like a poorly written mystery novel with a crappy ending.

  12. #12
    Member Array jlately's Avatar
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    This happened in my neck of the woods. The news here is terrible about details. I think I remember that the guy was helped out by some local organizations.

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    False positives are a significant issue in all aspects of drug testing. They are swept under the rug by the test manufacturers and by governmental entities tasked with getting drug tests done.

    The chemistry of drug testing is exquisitely sophisticated but it has to operate at a "perfect" level of accuracy to avoid damaging
    reputations, causing job loss, or as in this instance false arrests. "Perfect" is not possible, and error rates are actually unknown because in truth, no one wants to actually invest in finding out.

    I'm unfamiliar with the forensic tests for contraband, but I do know there are really really bad and significant problems with
    the entirety of employment drug testing. Astonishingly, although it has the "look" of medical testing, and results are sometimes
    validated or invalidated by so called "Medical Review Officers," the whole process is legally outside of medical testing, and just about any joe can open a lab and do what is known as "non-regulated" testing; that is, testing not validated by Uncle Sam.

    There have been some startling injustices with employment testing.
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    Quote Originally Posted by Hopyard View Post
    ...
    There have been some startling injustices with employment testing.
    So true. My first interview out of college was with Wells Fargo. I crushed the interviews, but they said I turned up positive for cocaine on their drug test. Wrong.

    In hindsight, they did my career a huge favor by turning me down.
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    Ex Member Array gunther71's Avatar
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    I am confused, The article says Hernandez stopped and then and officer approached. So was he ilegally parked?

    Law suit coming!

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