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Theft allegations found nothing inside the car

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cutie_cebuana


Arresto Menor
Good day.
My friend and his bf were accused as theft this is their story
They check in in the motel and after check out they pay the room boy the exact amount. The guy go down first because the girl had to go to the cr for having a bad stomach. The room boy give the gatepass. When they are about to go out with their car they were blocked and the staffs wanted to open their car because they saw that they put the tv inside their car but they insisted and they ask to call a police if they wanted to open their car. When the police arrives they opened their car but the staffs found nothing inside their car. They look for it and found it far behind. The two go to the police to clear their sides but was complained directly and accused as theft.
Questions:
1. Can they be accused of theft well in fact it is not found in their position
2. There were no cctvs in the place..what the staff say they saw one carrying it and putting it inside the car but when they opened they found nothing they look for it and one room boy saw it and found it far behind. Their statement in their affidavit it was recovered inside the car but the room boy said it was not inside thier car it was far behind outside their car. They said they dont need cctv because their are the eyes are the cctv and they saw it.. Are their statements can be used to them even they found nothing in the car.
3. Can a statement in the affidavit be change? Can they change the word because they have used these word instead of this word.... And just tell the judge its a typo or i forgot the word it is just rhyming words...
4.  They found no tv inside the car... What they found is a remote that doesnt match with their tv... Can itbbe used as evidence against them.
5. The car was opened already and they found no tv..
They opened the car again when the two are detained without any witnesses on the side of the accused only the complainant and police is it not illegal?
6. The two was not really arrest by citizens of the establishment they just go with the police to clear out their names. Is not illegal they handcuff them just while boarding going to the station??
6. No miranda doctrine was read or utter they were directly accused when they arrived at the police station. Was is the violation there...
7. I still have so many questions on their case... But for now that would be

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attyLLL


moderator
I suggest they try to settle it, but in my opinion, there is a risk they can be made liable if the prosecutor believes the version of the staff


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cutie_cebuana


Arresto Menor
But on the affidavit of the complainants they recovered it inside their car but on an interview on tv one said it is not inside their car. They already had gate pass.
And is it right to open the car again without any presence or any witness from the accused.

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attyLLL


moderator
then they should submit a copy of the interview on tv to counter the statements on the affidavit.

considering the one who opened the car is not a state agent (police, etc.), whatever he finds may be admissible as evidence but the car owner can file a case against him


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cutie_cebuana


Arresto Menor
What they saw on the car was a remote that is not theirs. Its a universal remote intended for our samsung tv to our room at home bought in the sidewalk. Then they returned the tv on their premises already. On their affidavit it said it is 42" inches tv but its 50" inches the one that is in the room.
They are not really arrested but when they go with the police who respond the police handcuff them inside the mobile and then in the police room they took mugshot directly even the complaint was not yet finished or no case yet filed against them.
How can they get their car?
They returned their tv on their premises?
What case can they file in opening their car again without any presence from their side.

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cutie_cebuana


Arresto Menor
They dont even know who opened it because there was no one in the side of the accused. Can they opened it again without the search warrant. And i think its the hotel staff that searches the car..

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cutie_cebuana


Arresto Menor
Can the gatepass and the interview on tv be evidences that its not with them.
Then atty they are not arrested as what they said that they are arrest by the citizen but no miranda was uttered or read as what their allegations on their affidavit.

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attyLLL


moderator
If a case has been filed in the prosecutor's office or they are detained then they should get a lawyer to assist them. If they are not detained but the car is impounded then they should inquire with the police how to get it released. It may require a motion for release at the prosecutor's office


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