Legal Magazine
Incident Report Indicates Warrant Was Unsigned In The Arrest Of Legal Schnauzer Publisher
Posted on the 13 May 2014 by Rogershuler @RogerShuler
The incident report in my arrest indicates the warrant was unsigned, and that comes on top of courtroom evidence suggesting there was no warrant at all.
What does all of this mean? We still are researching the issue, but we have found Alabama law stating that an unsigned warrant is "utterly void." That suggests my arrest and the resulting five-month incarceration in the Shelby County Jail might have been conducted outside the law.
Alabama incident reports include a notation that certain parts of the report are considered officer work product and "may not be public information." We therefore are not publishing the entire report, but a copy was made available for my defense at the resisting-arrest trial, and I learned the following:
At the bottom of the second page on the report is section No. 208. The section says "Warrant Signed," with boxes for "yes" and "no." The box for "no" is checked.
Our research indicates this is not a minor detail. Long-standing Alabama law has held that an unsigned warrant is "utterly void," and we will be taking a closer look at that law in upcoming posts.
What does all of this mean? We still are researching the issue, but we have found Alabama law stating that an unsigned warrant is "utterly void." That suggests my arrest and the resulting five-month incarceration in the Shelby County Jail might have been conducted outside the law.
Alabama incident reports include a notation that certain parts of the report are considered officer work product and "may not be public information." We therefore are not publishing the entire report, but a copy was made available for my defense at the resisting-arrest trial, and I learned the following:
At the bottom of the second page on the report is section No. 208. The section says "Warrant Signed," with boxes for "yes" and "no." The box for "no" is checked.
Our research indicates this is not a minor detail. Long-standing Alabama law has held that an unsigned warrant is "utterly void," and we will be taking a closer look at that law in upcoming posts.
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