Saturday, October 19, 2013

Unlawful Detainment

I know many of you are worried about or have been Unlawfully detained/imprisoned for "non-payment"...

I suggest you show due diligence in your research efforts...

Paff v. Kaltenbach, 204 F.3d 425, 435 (3rd Cir. 2000) (Fourth Amendment prohibits law enforcement officers from arresting citizens without probable cause.

Allen v. City of Portland, 73 F.3d 232 (9th Cir. 1995), the Ninth Circuit Court of Appeals (citing cases from the U.S. Supreme Court, Fifth, Seventh, Eighth and Ninth Circuits)“by definition, probable cause to arrest can only exist in relation to criminal conduct; civil disputes cannot give rise to probable cause”;

Illinois v. Gates, 462 U.S. 213 (1983), therefore, no body attachment, bench warrant or arrest order may be issued. If a person is arrested on less than probable cause, the United States Supreme Court has long recognized that the aggrieved party has a Cause of Action under 42 U.S.C. §1983 for violation of Fourth Amendment rights.

Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213 (1967). Child support is a civil matter and therefore, you cannot be arrested for non-payment especially if there is no threat of harm..

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