South Carolina sheriffs defend arresting woman over nine years-overdue video

[Judi Lynn]

Source: Agence France-Presse

South Carolina sheriffs defend arresting woman over nine years-overdue video
By Agence France-Presse
Tuesday, February 18, 2014 20:12 EST

A county sheriff’s department in South Carolina said Tuesday it had no choice but to detain a 27-year-old woman overnight over a Jane Fonda movie she allegedly failed to return to a video shop nine years ago.

Kayla Finley went to the Pickens County sheriff’s office last Thursday evening to lodge a complaint in connection with a domestic dispute, chief deputy Creed Hashe said.

But when her name was typed into a database, it came back attached to an arrest warrant issued in September 2005 by a local magistrate at the request of a video shop — no longer in business — that claimed she failed to return a rented copy of “Monster-in-Law,” a comedy starring Fonda and Jennifer Lopez.

Finley was detained overnight, before she appeared before a judge on Friday who released her on $2,000 personal recognizance bond, pending a court date.

Read more: http://www.rawstory.com/rs/2014/02/18/south-carolina-sheriffs-defend-arresting-woman-over-nine-years-overdue-video/

[awoke_in_2003]

1. Probably VHS...

do VCRs still exist.

[LuvNewcastle]

4. I've got one. I've had it for about 20 years.

Sometimes I watch movies on video that I've kept through the years. I've got some good ones. I'll have a VCR as long as I have the tapes.

[KeepItReal]

2. They should have arrested the cast and crew for making Monster in Law

I'll never get those minutes of watching back.

[blackspade]

3. What a collossal waste of taxpayer money.

Why would the judge even hear this case?
Stupid.

[DeSwiss]

31. It gets stupider.

- The store no longer exists, so there's no one to press charges.

[LuvNewcastle]

5. For a video shop that doesn't even exist anymore.

Why wasn't this dismissed? She spent a night in jail! We lock people up too much too easily and too frequently in this country.

[gopiscrap]

10. You can murder a black man and get a hung jury

but mess with a merchant and you're going to do hard time-capitalism at it's best!!!!

[Arugula Latte]

24. Also, you can plunder billions and cause the entire economy to tank

and walk away free and wealthy beyond measure ... as long as you're a grand poobah in big banking.

[gopiscrap]

28. No kidding!

[AverageMe]

12. The reason the shop may not exist anymore

is because of people like her. In essence she stole the tape by never returning it.

[LuvNewcastle]

14. The shop doesn't exist anymore because people stopped renting videos.

It's not because of "people like her." She probably spent plenty of money renting videos there already, and that $5 tape didn't break that business.

[valerief]

16. What typewriter do you use? nt

[Aristus]

23. 'AverageMe'? I think you overshot the mark.

Your comment reveals you to be BelowAverageMe.

Yeah, it has nothing to do with the fact that nobody watches VHS anymore, and dowloadable videos put the rental outlets out of business.

[jmowreader]

33. Downloadable videos, Redbox, and $5 DVDs at Walmart

It is cheaper to buy videos now than to rent them.

[Arugula Latte]

25. Heh heh...

You might want to look up a little concept called "digital."

[JoeyT]

26. Or the more likely reason,

besides people not renting movies anymore, might be that after the first time they put a warrant out on someone for not returning a VHS tape word got around and no one wanted to do business with them anymore. Having had a video rental store screw up processing a return before and call me to insist the DVD sitting on their shelves was totally at my house and that I should really bring it back, I certainly wouldn't patronize one that overreacted this much.

[gopiscrap]

29. I agree

[blkmusclmachine]

6. HA! American jurisprudence..strain the gnats, but swallow the elephants!

[jdadd]

7. Ha! The real reason for the arrest

Is for watching Jane Fonda. This IS South Carolina.....

[brush]

8. This is so foolish it's hard to comprehend

First the deputies, then the judge, who should have the most sense of all, act on this?

The judge and deputy should both be reprimanded for using extremely poor judgement, and for costing the woman two grand.

Are we going backwards in intelligence, or is it just South Carolina?

God!

[loli phabay]

19. shes on a PR bond, so she does not have to pay the money unless she does not come to court.

[msanthrope]

22. She's on personal recog. nt

[bemildred]

9. I defend firing this fool. nt

[Lost_Count]

11. Do police in your area have the choice...

... to determine which warrants they are going to follow through on?

[loli phabay]

13. yup, there is no leeway with capias warrants, some warrants are permitted which means

they can be isdued as a summons but without seeing the warrant we dont know.

[Lost_Count]

15. Interesting...

That is what would make the difference to me.

If they had a choice, then they are morons.

If it's rules are rules, then it isn't their call and it goes to the judge etc...

[loli phabay]

18. there is no leeway with court orders, thats why the warrants are served and the court is the next st

step.

[bemildred]

20. The police in my area do whatever they like about warrants.

It's not like the court system is prepared to deal with anybody they arrest.

[marble falls]

17. What about her complaint about the domestic dispute?.....

[Scruffy Rumbler]

21. +1 nt

[Divernan]

27. SC's statute of limitations on this CIVIL matter is THREE YEARS.

This is a civil matter, not a criminal matter. People who had accounts at these video rental stores had signed a form agreeing to pay specific fees for late or lost videos. Those forms were written contracts, but not "under seal", i.e., notarized. South Carolina's statute of limitations for those contracts is THREE YEARS!

Contracts: Written and under seal, 20 years. Otherwise, 3 years.


http://www.expertlaw.com/library/limitations_by_state/South_Carolina.html

Picture Sheriff Andy explaining this to Gomer and Barney who have just hauled in Floyd the Barber.

From the OP link: “We have to serve any warrant a judge issues,” said Hashe, adding that there is no expiration date or statute of limitations where criminal arrest warrants are concerned.

Here's the deal, Gomer and Barney: If someone STOLE a video from a store, the magistrate/judge would issue a criminal warrant. If someone fails to return a validly rented video, it is CIVIL, NOT A CRIMINAL MATTER, INVOLVING BREACH OF CONTRACT!

[Riftaxe]

30. The database in SC makes such a distinction

I have no clue whether it does or not, if so, then it is overkill and their will be civil remedies.

[gerogie2]

32. Back in the day losing a VHS rental waqs expensive!

My kid lost a VHS rental tape twenty years ago and the store charged $500 in damages. The charge was listed on the receipt I signed when I picked up the video, so I was stuck paying the cost on my Visa card.