I was arrested on 6-6-2001 at trans pacific national bank corner of Santa Clara st. and Webster st. in Alameda,CA 94501. The police had arrested me on 6-5-2001 at 3:00pm and taken all of my personal possessions. My watches(two),my three wedding ring set, an emerald/gold ring bought by my wife in 1994 for our first wedding anniversary,a Dell Inspirion computer for the MM Orr Trust,New/Man Aerospace and New/Man Int.,$800-$1000 cash from my wallet,my keys and my wallet,a solid gold Eagle on a chain around my neck that was given to me by my wife in 1995? and I was placed in an isolation cell. It was freezing and at the time I was taking morphine,desoxyn,valium,
prozac, I was physically dependant on them all. I had been taking them since 1994, but I never took more than subscribed by the doctors. I began to go into withdrawals around 1030am 6-6-01 that morning. I began to ask a Ms Denny to please give me my medicine. She told me to
F#$% off. I was very scared. More story, Help me
2006-07-10 06:34:53 · 12 answers · asked by dnewman.ncsp 1 in Politics & Government ➔ Law Enforcement & Police
You need to talk to a lawyer since there must be more to the story. Did they know you had a prescription and the medication was medically necessary? I don't think any of your amendments were violated, unless you didn't receive due process, or were not allowed a lawyer.
You're thinking of the 4th and 5th amendment.
1st prevents the government from making laws that establish a state religion or prefer certain religion, prohibit free exercise of religion, infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, and limit the right to petition the government for a redress of grievances.
3rd prevents the quartering of soldiers during peacetime on private property without the owner's consent.
4th dictates searches. Searches of individuals on public property is allowed "Under common law, a police officer could arrest an individual if that individual committed a misdemeanor in the officer's presence, or if the officer had probable cause to believe that the individual committed a felony." Arresting means they can search/seize things from the individual. When you mentioned the items, do you mean they were not returned after you were released?
5th prevents forcing someone to testify against themselves, guarantees due process, prevents custodial interrogation after asked for a lawyer, allows eminent domain, etc.
2006-07-10 06:53:45 · answer #1 · answered by ? 3 · 0⤊ 1⤋
First off, what were you arrested for? Second, it is police policy to remove all of your personal possessions once you are booked. As far as your meds go, your withdrawal symptons would not be at a dangerous level by that time. Ms. Denny, whomever she might have been, might not have been qualified to administer any medication to you at that time. Third, if there was any misconduct, it would have come from the police, not the DA. Malicious prosecution would have occured through the court system, not at the police station. You need to focus on how to correct your behaviors instead of looking for excuses to justify them.
2006-07-10 14:09:32 · answer #2 · answered by haray11 2 · 0⤊ 0⤋
Neo Man, This is for the legal profession, if it's not one of these little stories we sometimes see on this site. To have all those possession, you must have some money. So use it to bring on a case of wrongful arrest. Also, take some of that money and get into rehab. You are a Zombie with all those meds, prescribed or not. Remember a guy named Elvis and how he died. He didn't have an illegal drug in his body. God bless you and heal you.
2006-07-10 13:45:26 · answer #3 · answered by Darby 7 · 0⤊ 0⤋
I don't see any prosecutorial misconduct here, but obviously this isn't the whole story. Plus, who is Ms Denny? The prosecutor or officer at the jail? Consult with a lawyer and he will be able to answer you questions with all the facts.
2006-07-10 13:41:01 · answer #4 · answered by Casual Traveler 5 · 0⤊ 0⤋
Your chances of winning a case like that are between slim and none.
BTW, people who have worked in drug rehab know that the "withdrawel" from morphine based drugs is no more than mild flu like symptoms and most people don't even get that. The judge knows it too.
2006-07-10 13:40:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
This is a job for...
A lawyer.
If you really are serious about this, you will need one regardless; talking to one now will let you know what's necessary and involved for a lawsuit.
2006-07-10 13:37:08 · answer #6 · answered by kx_wx 3 · 0⤊ 0⤋
Are you still on them? First off lay off the hideous jewelry, secondly you need a therapist, not a lawyer. I am not totally trying to be mean... I am serious.
2006-07-10 13:38:23 · answer #7 · answered by Mike Hunt 5 · 0⤊ 0⤋
i'd say take all that money and gold and gems and etc, and get thee to a lawyer asap. should be talkin to one right now instead of dinkin around on yahoo. good luck.
2006-07-10 13:45:56 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I believe that you should press charges. Unfair treatment to innocent civillians should cease.
2006-07-10 13:41:09 · answer #9 · answered by Vie 3 · 0⤊ 0⤋
i WOULD SUE THE PANTS OFF THE POLICE DEPT AND THIS MS DENNY FOR MEDICAL NEGLECT - GET A GOOD ATTORNEY CAUSE IF YOU WOULD HAVE HURT YOURSELF THEN WHERE WOULD YOU BE. GET DRS NOTES COPIES OF YOUR MEDICAL RECORDS
2006-07-10 13:38:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋