Intro #
First off, thanks for getting back to me. I’ve reached out to about 10-12 area attorneys, and most don’t even get back to me, the other ones don’t want the case. Anyways; as mentioned, this whole thing is a clusterfuck to be honest. Sorry if I ramble during my explanation here, that’s the ADHD kicking in and remembering certain parts.
This whole thing started a year ago, technically. An illegal resident to the country hit and totaled my car, with no insurance. I got a rental car during that whole mess, and then I found out she had lied about having insurance, and was here illegally, so I didn’t have the funds to repair the car, which then led to it getting repo-ed. After that four month trek, once I finally found out, I admit that I did then stop paying for the rental vehicle. I was still in contact with the rental company though. Then in July, I got a speeding ticket. Went to court, got it setup to enter a class to have it wiped off my driving record, etc. I forgot to bring in paperwork for insurance though, and wasn’t asked, so it all slipped my mind. They issued a non-compliance suspension due to start on October 20th, 2023.
First Case / Criminal & Traffic #
On October 20th, at approximately 1:30AM, I was arrested. I was sitting, parked obviously, in the car, in front of a friend’s house. Police were called for a separate incident, and I was sitting there watching the entire situation of the original call, for around 30-45 minutes, when suddenly one of the cops finally notices me. Doesn’t say anything to me – but darts to his car, and starts playing around on his computer in the car. About 10-15 minutes later, he comes up and asks me for my name. Simply giving him my name, he said he knew that, and had seen my name come up for something (didn’t say what) and asked me to step out of the car, and that I was being detained. Now first off, he didn’t know my name. Nothing about the car should have pulled up any flags, nor my name even. At the time of him even finally running my name after the fact, I had only been suspended at best an hour. Not to mention the fact, the car was never in motion. A story was then fabricated about the car being stolen, even though I produced and showed them a bill from the rental car company that wasn’t due until the first week of November. Two weeks after the day of this incident. How can a car be stolen, if I’m the renter, and my next bill due date, is two weeks out. Then they tried to tell me the license plate was reported stolen. Back in May. But it was also unreported (or whatever the proper term is) a week or two later, by the same people, claiming they had found it. Nothing since. Then they added four driving under suspension charges to the bag, officially arrested me, and took me downtown. (More on the car itself and all of my property to be added later)
I was released on the 48 hour detective hold. Charges dismissed. But now, those are the two felony charges I’m currently facing in Montgomery County. Receiving Stolen Property, license plate. And they dropped the motor vehicle theft down to Improper Use, Possessing Over 48 Hours or Taking Out of State.
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How can I go to court for a speeding ticket, and officially pass every check through the original charge, and court proceedings, without anyone claiming I had a stolen vehicle or stolen license plate (which the officer claimed all occurred and whatever else, before the speeding ticket) – but then suddenly this jerkoff can claim it to arrest me under?
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How can I be in possession of a stolen vehicle, when I have a bill for it due two weeks after the date I’m being arrested on? Regardless of that, wouldn’t it be a breach of contract, and not stolen, especially when I still had open communication with the rental company?
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They won't release the actual police reports to me since it's an open case, technically. (Bullshit) But the dispatch call is public record, and in the dispatch logs, it specifically says the license plate was not reported stolen.
The new charges didn’t arrive until a few weeks later, and they sent the notice to an old address, so I had no idea. You can even look up the FedEx package on ProV3 for Montgomery County today, and see that the mail in question of them telling me about it, is literally still attempting to be delivered. But still, I got an indictment. Had no idea for the longest.
Second Case / Traffic & Property Seizure #
Moving on. Fast forward to February of 2024. I got my school check, and knew I needed to get a car again. So I did. February 26th. Now granted, I should taken smarter steps next, but that’s not the point here. I knew I couldn’t register the car just yet, had to clear up the prior warrant block. So on February 28th, I went to Dayton Municipal Court and went to traffic court. Pleaded not guilty. I was assured all warrants were taken care of. Since my judge for the Common Pleas case only does Tuesdays and Thursdays, and at the time, it was after this, but I was still making an appearance in court – I was told the warrants would be lifted and I just had to come back, or else. Fair enough.
February 29th, I was giving a ride to a friend, and heading home to park the vehicle. I was pulled over for a brake light being out. The friend, she decided to give a fake name. Got found out pretty quick. But as they were pulling me out of the car to arrest me for a warrant (which, as I’ll remind, is bullshit in my opinion, as I was literally just assured there was no warrant), during that, the “friend” in question, took all of my cash, in the envelope I had just gotten it from, from the bank, and shoved it in her pants. Just under $1300. They then found she had a whole bunch of drugs on her property, and inside of her, she was trying to conceal. Now mind you, the ride I was giving her – I had basically her entire life in my car. All of her clothes, etc. It wasn’t a whole lot, but it was everything. And she told them this. She told them she was homeless, knew she had a warrant, etc. etc. I say that part because they added all of that cash, to her property basically. Because she said she was using it to go rent a vehicle. Now, come on. You just caught her with drugs, giving you a false name, knowing she had a warrant, and not an ID on her, with her entire life fitting in a laundry hamper in the back of someone’s car – if you were a cop, and knew that, would you believe a story that she’s suddenly flush with cash about to go rent a car? It’s literally not possible. Regardless, I have receipts showing the EXACT amount of that cash leaving my bank account, me withdrawing it from an ATM, for an hour prior to the arrest. The ATM has cameras that would back it up, showing the two of us in the car, and me withdrawing it from my account, and the location history on my phone showing the next stop(s). I somehow dumped that exact amount of cash, and she wound up with the exact same? Strange.
Regardless, during this whole hour or so event of them playing with her, I was sat in the back of a cop car, and was refused to be told ANYTHING. Even spoken to, really. I didn’t even know I was being arrested on a warrant until we started heading downtown. I didn’t know they tried to tack on Possessing Criminal Tools charges until I was being booked downtown. Those were since dismissed.
The police reports of the two officers, who were in the car that pulled over, completely contradict each other as well. The one claims I was pulled over because he saw me, the driver, and recognized me and “knew” I had a history of stolen vehicles and narcotic possessions. First off, I’m never been arrested in his district. Second, I don’t have either one of those charges on my record. Third, you didn’t see me. And fourth, I haven’t even been arrested since he’s been in the fucking academy, let alone has he seen me anywhere, so no, you didn’t recognize me. Assclown. There’s a shit load more contradicting lies in the police report, too. It’s one thing for me to say he’s lying. It’s another for the report to blatantly contradict the other officer on scene, too.
Clusterfuck #
This is where the clusterfuck part of it all really begins. The warrant I was arrested on? Stemming from the four driving under suspension charges that I was in court for the day prior? Those were dismissed, as the vehicle literally never even moved.
Now maybe I’m misreading certain legal jargon – but wouldn’t this be added grounds for dismissal for the felony charges? If I was “pulled over” and arrested on false grounds, and that case was thrown out? Wouldn’t that make subsequent “evidence” a moot point?
Taking that a step further, wouldn’t it be recursive and have this secondary charge(s) be grounds for dismissal as well? If the original warrant was
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Bullshit, as I just had it cleared up the day prior, and
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Those charges were since dismissed, making the pull over and arrest a moot point as well?
Now, let’s take a step back, as I brushed over the Criminal Tools bit, and I’m sure you caught that. During the pat down before being put in the cruiser, I had a Flipper Zero in my pocket. (If you’re unfamiliar, Google it. It’s pentester’s tool. You can do some illegal shit with it, sure. But you can do as much with a screwdriver). The arresting officer, decided I was a criminal mastermind, and used that as jurisdiction to search my car. Found a few other things. An NFC reader. A small box of blank smart cards that came with the NFC reader. Both of those, mind you, were in an Amazon box, and unused. Opened, but unused. As I said, this officer thought he found a whole operation. Seized everything. The flipper zero, my iphone, the girl’s phone, the cash, the NFC reader, smart cards, my wallet (with my only form of ID and my bank cards, with all my own name), my school laptop, and even the car and the car title themselves. Like I said before, all of this was being done without a word to me as I sat in the back of a cruiser and was refused to be told what the fuck was going on. I have receipts for every one of these items, and it was all perfectly legal to have. There was no crime. I’m a pentester. It’s in my job title. One of my jobs, at least. The other I’m a certified counselor for the state of Ohio. Most recently worked at the MonDay program.
Refusal to Return #
It's almost two months later, and they won’t return it. Anything. It took a week before the detective would even call me back, and I called daily. Wouldn’t tell me literally anything on the phone, and then said “I actually don’t have any reason to tell you anything so I’m going to hang up” – to which I told him he’s a piece of shit, and I hung up. I tell you that part because after the first month went by, and no one had literally answered a word to me back since – I called his supervisor, and CC’ed their HR for the department, along with the captain, to make sure it was all documented – I gave a little talk and asked for any details and brought up other points – to which the supervisor flat out told me that no one has tried to contact me since that day, because I used profanity toward his detective. I’ll say it now, fuck that murderous pedophile dickbag. Has nothing to do with my case or argument here, but he’s the only officer in that entire police department’s history with a kill under his belt. And I know plenty of underage girls he’s gone after and forced himself on in the area over the years. Fuck that fucking piece of shit.
Moving on. They still claim it’s “under investigation”. Meanwhile, they’re holding about $6-7000 worth of property of mine, not including the cash seized. They were denied their warrant request by the judge, and haven’t attempted to get into my iPhone or the Macbook. If those even get turned on and opened, I get notified. Neither have, yet they took the Macbook over to Riverside for some reason. Meanwhile, because they took the phone, I had to pay out of pocket for that to get a new one. An entire month’s billing on top of that, that I had to forfeit. They took my laptop, meaning I had no access, and have now failed my semester. As well as now having to pay back the federal loan that would have simply been a grant if I had even barely passed, but couldn’t, because they cut off that access. They took the car I had just bought. The car title itself, so even the property they didn’t seize, I couldn’t get out from the tow yard because the car wasn’t signed over yet. Not to mention the fucking daily ass-rape fees being mounted for them storing the vehicle. If I’m reading right, we’re coming up on the forfeiture date as well that would grant them the opportunity to sell the car under forfeiture and pocket that cash.
First Car #
Take one more step back and go back to the first car in question. From October. That car was taken to the tow yard hours after the arrest, and taken to a body shop from there. The cops told the body shop it was a stolen vehicle, so the guy (this down in bumfuck Bethel, by the way) – the shop owner took everything from that car. Laptops, phones, clothes, dog food and toys, amounting to about $3-4,000 worth of stuff out of that car. When I called, he claimed he didn’t have any of it. Until I read him back his home address, because in that stuff, I had a Tile tracker in there. Then he said “oh maybe” and I told him I’ll meet him at his shop in an hour. The fucker got a speeding ticket on the way to his fucking shop, trying to beat me there. Then tried to pay off the god damn court with a bad check, and got another charge for that. I won’t say more, but I made sure his partnership with the rental company severed ties. He’s now had to sell his house to cover costs, and is now living back in the same trailer park that he got caught writing bad checks and beating his ex-wife in ten years ago.
What I'm Wondering #
So. All in all. Sorry about the rant/ramble. I warned you it would happen. This whole situation gets under my fucking skin. Here’s what I’m wondering though;
Since the original arrest in October was bullshit, the entire “pull over” and reason to even talk to me, let alone inflate made up stories that led to an arrest – since the traffic part was dismissed, can that be grounds for dismissal of the rest? If not, then can the fact it’s not a stolen vehicle, be grounds to dismiss stolen vehicle charges? (He says in jest)
Can that also be grounds to have the arrest and charges in February be dismissed as well? Since the warrant
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Shouldn’t have existed, since I was in court the day prior, and
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There shouldn’t have even been a warrant, if the charge that led to the warrant was itself dismissed.
What can be done about the property? At minimum what and how can I file a request to have property returned. There’s no charges from any of it, and their warrant was denied, to dig deeper into the electronics. And the car itself.
I've also seen where if conviction is overturned or dismissed, under Section 4511.195, that the original arresting police division may be liable for any stacked up charges during and because of the arrest. Now, this is due to OVI suspension, but -- the same OVI suspension rule that the Ohio Supreme Court deemed "operating a motor vehicle" to finally mean "the car has to be in motion." That rule does apply to non-compliance suspension and etc., which is how I got the aforementioned four driving under suspension charges dismissed. Since the car never moved.
Hell, I’m fully willing to press theft charges if that’s an option. I either want to press theft charges, or a referral to hit them civilly would be second best option. I’m thinking starting around $50,000 – see where it goes from there.
I don’t know, man. Hit me with your thoughts. I’m all ears.
Best regards, Chad Coburn 937-477-0560 chad@wutang.me