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| Question pretaining to law (coughwildcough) | ||
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| Rusty |
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FTS Server Op
Registered Member #159
Joined: Wed Mar 01 2006, 06:33PMPosts: 2682 |
ok, so after the cop told us we were under arrest for internal posession under age, and put the handcuffs on us (which I told him was kinky) and sat us in jail for over 5 hours, still no need to be read our rights? this is what happened, we were going to a bonfire in the woods, just so happens, the fire was in a pit, but was definitly not controlled, heard that our campus police were comming, we too off, after people put the fire out to an extent, I ran with this girl, the way no one else ran, and about a mile deep into the woods we found another friend, there we went out, got to the end of the woods and onto a side street. We see cops going up and down the street looking for the group of us, so we dive back into the woods and call a sober friend to pick us up. He drives an SUV, and so about 30 minutes later, an SUV pulls into the side street, looks just like our friends car, and it stops where we told our friend to stop. My buddy, the one we found in the woods, jumps out,, and so we follow a few seconds later, boom, on go the sirens, it was the fire marshall's truck. nice. Instead of running, we wait like he asked (didn't run again cause the girl had sandles on). A cop comes yells at us telling us we could have burnt down the woods, but we didn't start the fire, quote the great Billy Joel. Guy places us under arrest, put us in the cruiser, and off to jail. Lucky for me, the sober one, gets put in the drunk tank for about two hours, boy did I love that tiny little metal seat in the corner, I sat there imagining a fat guy trying to fit in this seat. Then a few hours later the investigation starts to see who started the fire, no one told him any names, because we don't know who started it. He threatens to charge us with arson and all those fire laws, which he knew wouldn't hold through in court, since we didn't start the fire. Our stories were all the same and everything. So we got arrested waiting for our friend, who never showed. Took him all of 5 minutes to place us under arrest, all whilst being a huge dick. This is all for going to a bonfire. Unforgivable! |
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| Wildcard23 |
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Registered Member #514
Joined: Wed Dec 20 2006, 06:33AMPosts: 1067 |
Fire Marshall's go through the academy with us as they are sworn police officers so you can't argue that he detained you. That will fall under investigative detention. When the cop came and yelled at you for saying that you started a fire, did he tell you that you were under arrest or did he simply put you in handcuffs? There is a distinct difference. It sounds to me like he detained you and transported you back to the station for purposes of the investigation. By depertment policy, no one is transported in a police vehicle without handcuffs and we are allowed to handcuff when we stop someone if we deem necessary for our own safety. Handcuffs do not mean arrest. It simply means detention. Few things to touch on realy quick. Did he tell you that you were under arrest when he placed you in handcuffs? If he did, then he has to tell you what you were under arrest for. Either drunk in public or arson. If he didn't tell you what you were under arrest for a good attorney can tear it apart in court. Also, a good attorney will argue that there was not enough or no probable cause to arrest you at that time. ***This is usually how a lot of cases get tossed out.*** If you were detained and not under arrest, keeping you there for a few hours can also be torn apart by a good attorney as that is NOT a reasonable amount of time to detain someone and falls under a violation of your civil rights. If the officer claims that he had to wait for you to sober up before he talked to you then he is going to have had to charge you with drunk in public PRIOR to putting you in jail. Which means you were in fact under arrest. If he fails to tell you that, a good attorney can tear that apart also. If you were under arrest, any questioning concerning even a seperate case means you should have been mirandized. It is a little gray line since it's about a different case but you are still going to have to be mirandized considering it's all concerning the same general events. In addition, you were detained during the questioning and if he didn't you that you were free to leave then that will get torn apart by a good attorney. Once you've done your time in the drunk tank, they can't keep you longer to talk to you about a case. Therefore, my question to you is what did you actually get arrested for? What were you actually charged with? Once I know that, I can help you out further but I have this nagging suspicion that I'm going to be telling you that IF you were actually charged with something other than drunk in public to get an attorney as it sounds to me that a lot of violation of police procedures and civil rights occurred here. And just FYI, that does mean you can file a lawsuit against the department for hundreds of thousands of dollars for illegal detention and false arrest. If you did get drunk in public, then I have to hear more specifics about this to tell you if there is holes in that charge. |
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| Amped |
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Hi
Registered Member #301
Joined: Thu Jun 15 2006, 01:55AMPosts: 888 |
You see Rusty, the first thing you should have done (and I'm sure wild will agree with me here) is run from the cops. That's what all smart people do. After gaining a reasonable distance, you should have found someone else walking around, and paid him $10 minimum to trade clothes with him. Then you should've befriended a monkey and had him show you the ways of the jungle, because you would be living there for the rest of eternity. |
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| Wildcard23 |
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Registered Member #514
Joined: Wed Dec 20 2006, 06:33AM Posts: 1067 |
Hmm. Interesting Amped. You could run from most cops. But I never lost anyone that tried to run from me. 100% capture rate during foot pursuits. And some them I wasn't the initiating officer. I just responded to assist. LOL!! But Rusty already said he couldn't run cause they had a girl in flip flops with them. Although she should have taken them off and ran with you guys back into the woods. Or you could have given her a piggyback ride and then she could touch your wee wee as she'll be sooooo grateful.  That sounds like a good plot for a porno... |
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| aborted fetus |
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The All-Cum Diet
Registered Member #47
Joined: Mon Dec 05 2005, 04:55PMPosts: 1888 |
Wildcard23 wrote ... Or you could have given her a piggyback ride and then she could touch your wee wee as she'll be sooooo grateful. Cops or no cops, I'd be willing to give a man a blow job if he gave me a piggy-back ride. |
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| Czech Pride |
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Registered Member #518
Joined: Wed Dec 27 2006, 01:15AMPosts: 911 |
Case of Miranda vs. Arizona. The cops cannot formerly place you under arrest or question you without telling you your rights (Miranda rights) You were just detained so no foul play was involved I agree with amped |
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