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ser
03-09-09, 11:43 PM
are there procedures in place that dictate when an officer should be creating an NCIC record for a stolen vehicle?

In other words, if a false police report is filed, and an NCIC record is created, could that record be purged from the system on the basis that a certain police procedure, was either being followed or not followed?


Taz_bb2
03-09-09, 11:52 PM
While I will not comment on procedures, if a false police report is filed, the person who filed the false report would be charged appropriately, and any errant records would be removed and/or corrected.

Samuel
03-10-09, 07:51 AM
are there procedures in place that dictate when an officer should be creating an NCIC record for a stolen vehicle?

In other words, if a false police report is filed, and an NCIC record is created, could that record be purged from the system on the basis that a certain police procedure, was either being followed or not followed?

I hesitate to comment cause I really don't care BUT, if you're going to ask, how about telling the WHOLE story... :rolleyes:


retdetsgt
03-10-09, 01:51 PM
In other words, if a false police report is filed, and an NCIC record is created, could that record be purged from the system on the basis that a certain police procedure, was either being followed or not followed?

Like what? Wasn't the officer wearing his hat when he took the report? Way, way too vague.

MRBEST
03-10-09, 06:28 PM
While I will not comment on procedures, if a false police report is filed, the person who filed the false report would be charged appropriately, and any errant records would be removed and/or corrected.


I hesitate to comment cause I really don't care BUT, if you're going to ask, how about telling the WHOLE story... :rolleyes:


Exactly. Would love to hear the full story and not just your follow up question. However, if your thinking about simply reporting your vehicle stolen when it's not, there are repurcussions.

mcsap
03-11-09, 09:50 PM
are there procedures in place that dictate when an officer should be creating an NCIC record for a stolen vehicle?

In other words, if a false police report is filed, and an NCIC record is created, could that record be purged from the system on the basis that a certain police procedure, was either being followed or not followed?

So what were you or a " friend" arrested for ?

ser
03-11-09, 10:22 PM
OK, OK. to make a long story long, then:

the original owner signs the title and hands the vehicle and open title to Buyer A (friend-of-a-friend-of-a-friend type), as a partial trade for monies owed by the original owner to Buyer A.

Buyer A then sells me the vehicle. Everything is documented. I register and transfer the title, no problems.

2 weeks later, the original owner calls the cops and says the vehicle was stolen from his garage. Entry gets created in the NCIC, and i get contacted by the sheriff. I give my end of the story, as does Buyer A.

Original owner changes his story, after another week. Now the vehicle was not stolen from his garage, but he did not receive payment for the vehicle, because a check written by Buyer A (for twice the value of the vehicle, ~$20k), bounced. Supposedly, this check was for payment of the vehicle, even though the check has 3 different types of handwriting on it and looks totally sketch.

I'm thinking this is starting to sound like some kinda insurance fraud attempt, or a drug deal gone bad, or something... and now i'm caught in the middle of these 2 clowns.

criminal case is now dismissed by the state attorney, but the vehicle is still on the NCIC. so i cannot use it. it's sitting in my yard, as i'd get arrested if i got caught driving it. even though the title is in my name.

i realize this is pushing limits of you all's legal knowledge, but what *should* be happening to that NCIC entry? and does anyone have any suggestions, on what i should do from here?

Samuel
03-11-09, 10:46 PM
OK, OK. to make a long story long, then:

the original owner signs the title and hands the vehicle and open title to Buyer A (friend-of-a-friend-of-a-friend type), as a partial trade for monies owed by the original owner to Buyer A.

Buyer A then sells me the vehicle. Everything is documented. I register and transfer the title, no problems.

2 weeks later, the original owner calls the cops and says the vehicle was stolen from his garage. Entry gets created in the NCIC, and i get contacted by the sheriff. I give my end of the story, as does Buyer A.

Original owner changes his story, after another week. Now the vehicle was not stolen from his garage, but he did not receive payment for the vehicle, because a check written by Buyer A (for twice the value of the vehicle, ~$20k), bounced. Supposedly, this check was for payment of the vehicle, even though the check has 3 different types of handwriting on it and looks totally sketch.

I'm thinking this is starting to sound like some kinda insurance fraud attempt, or a drug deal gone bad, or something... and now i'm caught in the middle of these 2 clowns.

criminal case is now dismissed by the state attorney, but the vehicle is still on the NCIC. so i cannot use it. it's sitting in my yard, as i'd get arrested if i got caught driving it. even though the title is in my name.

i realize this is pushing limits of you all's legal knowledge, but what *should* be happening to that NCIC entry? and does anyone have any suggestions, on what i should do from here?

Another piece of information that would be nice to know - where are you?

The whole thing sounds like a big civil matter. If that's so, IMO, the vehicle shouldn't be listed as stolen. Are you 100% SURE it's (still) entered into NCIC (and how is it entered, as what)? And, who told you that you'd be arrested?

ser
03-11-09, 11:32 PM
this is in florida

a cop buddy warned me "whatever you do, do not drive the car ANYWHERE!"

if i get pulled over and they run the VIN, and it shows stolen, i'm pretty sure i am getting arrested. probably not prosecuted, but i will at least up taking a ride in the back seat.

Samuel
03-11-09, 11:34 PM
Doesn't make much sense. I would check to see if it's still listed as stolen. If so, talk to the agency that entered it into the system...

mcsap
03-12-09, 04:07 AM
Only the agency that entered the vehicle into NCIC can remove it. You need to find out the officer who is " handling the case" and request that they remove it.

It is also possible that the state attorney didn't notify the PD that the matter is now civil.

I can remove an item from NCIC with a phone call.

MRBEST
03-13-09, 09:58 PM
OK, OK. to make a long story long, then:

the original owner signs the title and hands the vehicle and open title to Buyer A (friend-of-a-friend-of-a-friend type), as a partial trade for monies owed by the original owner to Buyer A.

Buyer A then sells me the vehicle. Everything is documented. I register and transfer the title, no problems.

2 weeks later, the original owner calls the cops and says the vehicle was stolen from his garage. Entry gets created in the NCIC, and i get contacted by the sheriff. I give my end of the story, as does Buyer A.

Original owner changes his story, after another week. Now the vehicle was not stolen from his garage, but he did not receive payment for the vehicle, because a check written by Buyer A (for twice the value of the vehicle, ~$20k), bounced. Supposedly, this check was for payment of the vehicle, even though the check has 3 different types of handwriting on it and looks totally sketch.

I'm thinking this is starting to sound like some kinda insurance fraud attempt, or a drug deal gone bad, or something... and now i'm caught in the middle of these 2 clowns.

criminal case is now dismissed by the state attorney, but the vehicle is still on the NCIC. so i cannot use it. it's sitting in my yard, as i'd get arrested if i got caught driving it. even though the title is in my name.

i realize this is pushing limits of you all's legal knowledge, but what *should* be happening to that NCIC entry? and does anyone have any suggestions, on what i should do from here?

No, its not "pushing limits of you all's legal knowledge" because you don't necessarily know who your talking to. On here, there is a wealth of knowledge from professionals in various agencies in various states.

Now thats stated, like 'Samuel' stated, it does sound like a HUGE civil matter. And by the way, one more item, food for thought, here, you don't have to be driving the vehicle to be arrested for "possession of a stolen vehicle". And like other stated, thats ofcourse if it is still in fact listed as stolen.

If I were you, I would go down to either the local police department or (if different and close) the department that supposedly listed the vehicle as stolen and explain the situation. Bring whatever proof or documents you have with you to expedite the process.

Good luck, sounds like a mess.

Cat_Doc
03-13-09, 10:30 PM
This is exactly why an affidavit must be signed by the complainant in Arizona for a stolen vehicle to remain in ACIC/NCIC.

I have seen this crap before where some AH sells a car but does not take care of signing over the title and the buyer steps on it by not insisting on title transfer and properly registering the vehicle in their name. The "owner" does not get their payment on time, and then reports the vehicle stolen. The cops are not mind readers. They confirm the vehicle is registered to the complainant and take the report.

Now, you are driving down the street and all of the sudden you have a few patrol vehicles stacked up behind you. You pull over and to your dismay, you hear shotguns being racked and notice, if you can through the bright lights, that you have all sorts of pistols, shotguns or rifles pointed at you. You and your passengers will then be instructed to go through this intriguing little dance routine before being placed in handcuffs and debriefed.

The "owner" will eventually be charged with false reporting, but the damage is already done to you, including a potential stay in jail until it is figured out.

Should this happen to you, a large part of the responsibility falls on your shoulders for not conducting the transaction properly and most importantly, legally.

Cat_Doc
03-13-09, 10:34 PM
I just read further (one of the reasons you should put more information in an original post) and see that you claim you legally had a proper title registration transfer. The only way I can see this happening is if MVD was behind on their data entry and during the time of the report by the original owner, records still showed him/her being the owner.

What you are describing is a HUGE civil issue that is going to have to be worked out in front of the courts and I have no idea who is going to end up being the legal owner of that vehicle sitting in your yard.