https://www.facebook.com/share/r/18grRgUj5k/ Hmm....The impounding of the vehicle and seizing of the tag is fair. She has no priors. You ask her to call and arrange for someone to pick her up so that she will be safe. She is on the phone making the calls you asked her to make. Then, you ask her to sign a citation. The window was rolled up when you asked and she was on the phone. It is not clear she heard you. It is not clear that she resisted signing or understood the consequences if she had resisted signing. Then, you say to your friend that this is a potential charge but you did not communicate the same to the CITIZEN. You walk away and then you come back and ask her to open the door. She seems not to have understood that you intended to arrest or why. You communicated the issue of potential arrest to your colleague but not to her. That is why she did not understand. She is credible with no priors. She did not intend to resist. We cannot say that she did understand when you did not communicate her rights if she could refuse to sign and then also the consequences. It would seem that signing a citation is not mandatory under Florida law. So, she is to be compensated for being arrested falsely. The charges are withdrawn. The Court date is cancelled. Signing a citation is not mandatory any where in the US. You cannot arrest the CITIZEN if they refuse.

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Hmm....The impounding of the vehicle and seizing of the tag is fair.  She has no priors.  You ask her to call and arrange for someone to pick her up so that she will be safe. She is on the phone making the calls you asked her to make.   Then, you ask her to sign a citation. The window was rolled up  when you asked and she was on the phone. It is not clear she heard you.  It is not clear that she resisted signing or understood the consequences if she had resisted signing.  Then, you say to your friend that this is a potential charge but you did not communicate the same to the CITIZEN.   You walk away and then you come back and ask her to open the door.  She seems not to have understood that you intended to arrest or why.   You communicated the issue of potential arrest to your colleague but not to her. That is why she did not understand. She is credible with no priors.  She did not intend to resist. We cannot say that she did  understand when you did not communicate her rights if she could refuse to sign and then also the consequences. It would seem that signing a citation is not mandatory under Florida law. So, she is to be compensated for being arrested falsely.    The charges are withdrawn.   The Court date is cancelled.   Signing a citation is not mandatory any where in the US.  You cannot arrest the CITIZEN if they refuse.  




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