tl;dr,
OP was arrested for swearing at the police after he accused them of using his phone while it was taken in evidence after OP reported that his company was part of a paper mail phishing scam. OP now has his phone, but now faces jail or a fine.
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Wow, damn that's so shitty...
Cops like these are the ones who make every other have a bad reputation.
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Wow, sorry to hear this Zelg. I thought the police here in America were bad. I don't suppose there's a way to repeal it or fight against it? Hoping it doesn't land you in too much trouble :/
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don't pay fine because of principles. see you in a year. o/
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Really dude.... you shouldn't have said SHIT. Police can get away with some crazy shit. I never would have even reported the damn mailer. However if I did and they gave me the "fuck off" I'd have just left. Honestly, this was your own fault. Sorry but it's true. You had more then a few times to back away and drop it.
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police should not be something you think about like: "Uh, better not mess with them!" This is not what they are there for. The police's task is to protect citizens and execute the law. Imo this is not his fault, and i dont know how i would react if they did this to me...
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May not be what they're for, but it is what happens when you give individuals power to enforce the law that they get to selectively enforce since they're the ones with the power to choose to punish themselves for not punishing themselves for not enforcing the law they broke.
Basically, it rarely matters what country you're in or if you're a criminal or not, police officers are your enemy like any human being with an unfair advantage and/or power over you. It's best to avoid them in anyway you can and try to cause as little trouble for them as possible.
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+1. In principle, the police were wrong at every step of the way, but sometimes being right doesn't matter. The safer okay would have been just to walk away when they weren't helpful.
Given it has escated to this point and evidence of phone and Internet use should be clear, hire a lawyer if you want to take this forward. Never go against the police as a single individual.
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it sounds like you need a hug and a trout to slap the police with even if it would get you in more trouble
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I'd buy him a beer for resisting authority.
Shit like this is insane, and it's fantastic that some people have the courage to stand up and fight against, even though it ended up with him being handcuffed.
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At least to get rid of the problems the policemen did.
There's something called abuse of authority, and well, what they did with your mobile, too much crimes there...
Hope something can be done at least to clean yourself.
If not for a few thousands someone may disappear and for some hundreds someone may not work for months...
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At least in the US many and I think most law firms have a policy of if they can't win your case their service is free. Idk if you have any in Poland, but there are some in the US.
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IUIUIUIUI (police sirens)
edit : but seriously, sorry about this shit that happened.
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Oh shit, dude! That's terrible. I hope you're able to get things sorted out. Take care.
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Oh I have no words to explain how very, very, very much I hate police. Have you some sort of Ombudsman you can complain to or something? Also, puzzle is far too hard for me.
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i´m pretty sure thats something you only find in Germany. but maybe he could get something like a "Beratungshilfeschein". Thats a form you can get at court here, where you are able to talk to a lawyer for little money. Maybe there is something similar in poland?
and normaly there i something like legal fees. if you talk to a lawyer he can tell you what those would be in your case. Normaly those aren´t that high.
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Counter-sue them. No police station would get away with that in the US. Shooting people? Sure. Mishandling someone and not following protocols? Hold onto your butts.
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I'm sorry but you shouldn't have been a pain in the ass. Police hates when civilians try to correct them in the matters of Law. It seems like either they were right or they were just too lazy to deal with your request. Taking your phone was obviously a way of getting back at you. The only wrong I see on their part is those unexplained calls and apps appearing on your phone. It's a damn serious issue. Tampering with evidence can get the person much more than a fine or a short jail time.
Shouting at the policemen was effin stupid (I'm sure you know that by now) and you shouldn't have lost your temper. They'll probably let you go with a warning so long as you don't pursue the calls/apps issue. I would try to settle this issue out of the court.
Shouting cuss words at the police isn't a crime in Scotland unless it's done in the public, the general idea is that the police should be able to take some "pounding" while on duty. Also they cannot allege that "you are trying to scam them for compensation" unless they have proof, therefore what the policeman did was illegal, but then again I'm not familiar with Polish law.
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I know correcting people's jobs is wrong, but they were obviously in the wrong here if the law is true. They shouldn't try to cop out (Get it? Because... yeah) of their job. If they're too lazy to deal with the request then that's their fucking problem, nothing wrong with OP.
I don't think OP did anything wrong here, they reported a legitimate scam attempt and the police tried to do fuck all.
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Yeah most likely he was right, but still wouldn't it be nicer just to leave that damn flyer behind and just be in peace? He could have avoided the possible fine, jail time, handcuffing and misuse of his smartphone. Being a knight standing up for the truth at all costs is sometimes a really stupid thing to do. Common sense. (and this is coming from a soon-to-be lawyer)
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You can still "sense" that the police is not co-operating. I mean he shouldn't have insisted quoting the law etc. I didn't say he isn't right but it's a matter of gain to loss ratio.
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Agreed completely. Being right doesn't mean you win.
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i agree with the shouting at the police part, that that was unwise.
But saying he should be on his way without an explanation after he brought the flyer is not what i would have done either. they are working for and with the people (at least i think the police does that) so they sould be able to take those 5 minutes to explain why they can´t or won´t do anything in that case.
and getting his phone back witch was obviously used, i think he had the right to demand an answer. But as everywhere the tone you use does decide what answers you get.
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those letters are well known fraud now i think in poland. I think that some institution called UOKiK have them censored but as it is in Poland that thing is just using holes in law and is hard to end it deffinitely in accordance to law as it is now
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Dunno posing as a governmental agency is a serious criminal offence in most countries. I have no idea how could they let this happen in the first place. If they are well known fraudsters how come the police didn't know about it?
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These scam mails are a thing in PL for at least 3 years - that's when my friend got one - and that's why we knew it was a scam mail and tried to report it. And yeah - maybe I was stupid for fighting for my rights - but that's what I have always feel and what I have always done - not lying my ears down and convincing myself everything is allright - if something is not allright I do voice it. And in this particular situation it's not even a case of my "something being wrong" being inconvenient - it's a case my "something being wrong" would make lazy-ass officers do their work for once and me trying to force them to do their god dqamned work. So I'm the one to be blamed for making them do their work? So if for example a doctor doesn;t opperate your mom and instead play on his tablet you should do nothing instead of forcing him to do his work?
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I understand your hands-on approach, but sometimes it's better to take a step back instead of losing your temper. Instead of verbally assaulting that officer you could have done much much worse to him. (for example bringing the issue to court through the lawyer suing his ass off). Generally your idea is right, but your course of action isn't. Believe me if you'd assault a doctor in a similar fashion for not operating, not only he will not do the job (so it's no help to "your Mom") but you'd be charged with assault etc again.
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Crazy story :o Sorry for you man... :(
Now you can sing along that (forbidden) song : https://www.youtube.com/watch?v=7kakUJARSOc
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Maybe you should shoot the Sheriff. AND the Deputy.
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just last 27 years... but I always tried to be the fair one and tried to make all around fair - so if I get a scam mail using scammed stamps I report it as a scam instead of just throwing it to junk and being happy I'm not the one who fell for it.
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The sad thing that I heard from a lawyer is that my billings with timestamps does not mean anything. I can use them to prove I was right they used my phone - but it does not change the fact I insulted them. And insulting them even for good reason (aka lying straight to the face) doesn't mean I did not insult them, and any insult towards police officer is a crime.
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They were tampering with evidence, and what's worse they did it for personal gain. You could sue them and pay off your fine from the compensation you get. (I mean you'd need a good lawyer to do that and they aren't cheap). There are three separate legal cases in your story. (1 you reporting a fraud 2 their misuse of your phone, 3 you verbally assaulting an officer)
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That's a load of horseshit, and I'm sorry that you have to put up with crap like that. Unfortunately, you can end up with cops like that in any country. A job like that can draw people who want to feel powerful, rather than joining for the proper reasons.
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Of course, it's two different cases. They will likely not be run at the same time, or even by the same judge.
It's a sad story, matey, sorry to hear it! Wish you all the best.
Quick word of advice, though (and without being a lawyer nor being Polish): consider if you really want to bring your case (about them using your phone) to court and discuss this with experts (i.e. lawyers), or if it's going to cost more than it's worth. You'd have to swallow your pride, but might get away cheaper, both financially and with less time required. Such cases against the police are almost always not worth the effort, unless you got time and money to spare, even if you're right.
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Whole story:
FRIDAY:
My fiance started her own company 3 weeks ago. Last week she received a mail - inside was something looking like an official letter from government, with official stamps etc - calling her to pay 195 PLN (46EUR) for mandatory registration in "Polish Companies Registry. Below was a blanket to send money via bank transfer. On the other side of sheet of paper there was written with small letters that "This is just an advertisement. No payment is mandatory. We are not government agency, but just private company".
WEDNESDAY:
We went with that letter to police to report a fraud attempt. 1st policeman told us it's not a fraud, because there's this text on the other side. We said we'd like to report anyway and let a court decide if it's a fraud or not. He told us we'll have to wait for his supervisor.
His supervisor comes, we tell whole story over again - he says he cannot take our statement cause it's no Police work and we should go to civil court if we want to. I take out my smartphone and google through polish law codexes and show him a point that it's not a matyter for civil court but for the police. Very unhappy he writes down a statement then he asks me for a smartphone I just googled it on. I think he wants to copy what paragraph number it is or something, but no - he puts a smartphone into an evidence bag. WTF? - I ask. "You used your company's smartphone for private matters, which is against the law.". "It's not company's smartphone! It's my private phone. Plus I bought it over 1.5 year ago while company is up for just 1.5 week!". "In this case we will have to verify it - if it's really private smartphone, not a company one. You can take it back in 24 hours". "Can I at least have my SIM card back?". "No, SIM card is part of protected evidence now". He gives me piece of paper to come back tommorow for my phone.
THURSDAY :
I go to pick up my phone. They give it back to me - batterry dead. I go back t home, charge it - and what do I see? 26 calls made while phone was there, whole internet package used, shitload of some useless shitty apps from "money-for-download" pages installed. I go back to police to report it. What do I hear? "You probably made all these calls and downloaded all this stuff right now, while changing phone clock, just to blame police". For next few minutes I try to calmly resolve this issue - but I hear that if I don't stop talking I'm the one who they will arrest for fraud on them - as I obviously try to scam them for compensation right now. The moment I hear it I break - I scream on an idiot who tells me this that he must be a moron, that the fucking Android would change all timers the moment I'd change time, and that some fucking asshole from their fucking police station is just a thief that decided to use smartphone which was suposed to be evidence to save himself some money and earn some fucking credits on some shitty website for downloading shitty aps.
Next thing I know I lie on the ground handcuffed behind my back. They take me to prosecutors and I find out I'm charged with insulting police officer (because I used vulgar language) and resisting an arrest (yeah - me fat, unhealthy nerd resisted 3 bigass muscled cops who were lying on me and handcuffing me). And I hear I now face a threat of big fine or up to one year of jail time... So yeah - that's my story - if you read up to here the GA cove is hidden right after Thursday.
AFTER NECRO EDIT
OK... idk why the hell someone necroed such an old topic, you're an idiot dear sir, but as for update how things ended up:
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