Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF RIDGEWAY Civil Action No. PETITION FOR WRIT OF HABEAS CORPUS Petitioner becousep, by and through his undersigned counsel, hereby requests this Court to issue relief consistent with habeas remedies under law. Habeas Corpus proceedings governed and recognized pursuant to Rid. R. Civ. P. 54(a)(1)(1). CUSTODY 1. On or near February 17, 2024, Petitioner becousep was in the custody of Ridgeway County Corrections, with his chief place of detention at the Ridgeway County Detention Center located in Palmer, Ridgeway 33328 JURISDICTON 2. This Court has jurisdiction pursuant to Article V, Section IV of the Constitution of the State of Ridgeway. STATEMENT OF FACTS 3. On or about February 17, 2024, Petitioner was driving around the county. 4. During his drive, Petitioner seemingly blocked Respondent, a Palmer Police Officer, from being able to leave the area to respond to an ATM robbery. BECOUSEP, Petitioner, v. PALMER POLICE DEPARTMENT; TASTEFULSAHIL1212, in his official capacity, Respondent. 5. Respondent exited his police cruiser and detained Petitioner. Shortly after, Respondent searched Petitioner and his vehicle. 6. During the search, Respondent notes that he found a clipboard on Petitioner. 7. When Respondent was booking Petitioner, Respondent charged him with § 5.08 – Unlawful Possession of Government-Issued Equipment. 8. No other government-issued property and/or equipment was found on or within Petitioner or his vehicle—only a clipboard from his job. CLAIMS FOR RELIEF Habeas Corpus Claim – 1 R. Stat. § 2210 CONSTITUTIONAL GROUNDS 9. Pursuant to 1 R. Stat. § 2210, an individual may petition this Court for habeas relief. That statute furnishes a cause of action for habeas relief. 10.In assessing habeas petitions, this Court must determine “whether the police were legally entitled to make that arrest — that is, the police either had a judicial warrant ordering an arrest, or the police had probable cause that a crime was committed.” See In re ZachCasisbeast, RSC-CV-367 (Rd. Sup. Ct. 2022). Indeed, If the arrest was not lawful at the outset, “the inquiry ends there; the record must be removed.” Id. 11.The habeas standard is such that a “reasonable and well-informed jury could not convict the petitioner in a hypothetical trial if they were aware of those facts, and those facts were admissible evidence.” Id. Petitioner unequivocally satisfies this test. 12.First, Respondent was not justified in making the arrest because he lacked probable cause. On or about February 17, 2024, Petitioner was detained for blocking Respondent from responding to a call. Respondent detained him for Obstruction of Justice and searched him. During the search, Respondent only found a clipboard. As a result, Respondent charged Petitioner with Unlawful Possession of Government-Issued Equipment. Under state law, clipboards are not unlawful to possess, and they are “police issued” equipment. 13.In the eye of the law, “unconstitutional arrests are unreasonable seizures of the person that violate the Fourth and Fourteenth Amendments.” See Rose v. Mitchell, 443 U.S. 545, 577 (1979); see e.g., Terry v. Ohio, 392 U.S. 1. (1968). 14.By way of interpretation, an unconstitutional arrest is one that is made without probable cause. See Clay v. Conlee, 815 F.2d 1164, 1168 (8th Cir. 1987) (“The Constitution prohibits only arrests that are not based on probable cause.”) 15.The arrest is unlawful as the arresting officer could not have reasonably concluded that Petitioner was in possession of equipment regulated by state law. Therefore, like all unlawful arrests, “the record must be removed.” ZachCasisbeast, supra. On these grounds, it is concluded that no reasonable person (the jury) would convict Petitioner because the statutory elements of Unlawful Possession of Government-Issued Equipment is neither satisfied nor appropriate when a police officer arrests an individual with a work clipboard. WHEREFORE, Petitioner demands relief. PRAYER FOR RELIEF WHEREFORE Petitioner requests that the Court grant the following relief: i. Issue a permanent injunction ordering immediate reversal and vacatur of the criminal record stemming from the unlawful possession charge issued on or about February 17, 2024, by Respondent; ii. Award Petitioner his costs and reasonable attorneys’ fees incurred in bringing this action; and iii. Grant any other and further relief that this Court may deem fit and proper. Dated: February 18, 2024 Palmer, Ridgeway. Respectfully Submitted. /s/ S. Stickza Stickza, Esq. Counsel of Record Cohn, Cicero, & Goodrich LLC Suite 1B, Palmer Suites Palmer, RW 27841 (111) 222-3333 [email protected] Attorney for Petitioner

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