Me and my boyfriend & friends were hanging out at the park, it was 8:30 at night & the park lights were on. we were walking around the park and all the sudden the police car turned on his spot light which made us run scaring us. well the cop then raced over there with no sirens & no lights on. he proceeds to check the whole park then come over to the cars where we were all standing. he takes his lights and flash them all over our faces & picks out my boyfriend jordan and josh. they both were interegated and then searched Josh was patted down and then Jordan was not in handcuffs and did not have any bulges in his pockets, well the cop then puts his hands down his pockets (without asking about wepons or any thing else) and rubbed around all 4 he found ciggs, a wallet & change. they also did not read the rights to them till they were at the police station. then the cop said he saw the boys had the hand on the locks to the food stand. he charged them only them with tresspassing. HELP!!!
2007-07-01 11:47:12 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
i would get a lawyer for this.
2007-07-01 11:59:11 · answer #1 · answered by Steven C 7 · 2⤊ 0⤋
You ran.
The officer at this point has a right to search you when he catches you.
Why does everyone seem to live with the delusion that if you aren't mirandized immediately it is a get out of jail free card? Really it primarily effects what can and can't be entered into evidence. Theoretically you could never be mirandized and if they don't need any further evidence to get the conviction you WILL be convicted anyway.
If the park did have closing hours and you were there past them then you WERE trespassing and all of you should have been charged particularly if you were intentionally avoiding the police.
The only mistake this cop made was not asking about needles or sharps in the pockets, but that is his own problem.
Innocent people don't typically run from the police.
PS.... this will NOT get thrown out of court...
"were you in the park past closing hours?"
"yes"
"guilty"
2007-07-02 13:59:18 · answer #2 · answered by KillaZ 5 · 0⤊ 0⤋
The search was legal and Miranda rights only have to be given prior to questioning after an arrest. This sounds flimsy and most likely would be thrown out with a good lawyer.
2007-07-02 02:49:34 · answer #3 · answered by kyghostchaser2006 3 · 0⤊ 0⤋
Sounds like another copsie looking for adrenalin.
Look in the town's webpage, there may be instructions to file a citizen's complaint against the cop. If not, walk up to the station and ask for a form. They may try to change your mind, don't go along with it.
Write your statement, swear it, turn it in in person and ask for a receipt. NOthing may be done to them, but you put the incident in the cop's personnel record and another drop may overflow the cup later...
2007-07-01 12:00:40 · answer #4 · answered by TURANDOT 6 · 1⤊ 1⤋
Searches on a person is not valid if there is no search warrant issued by the court. Under the constitution, persons must be protected from unwarranted searches.
2007-07-02 14:02:03 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
time to read on on the bill of rights. parks do have closing hours. but they are usually at like 10pm or 11pm he probably thought it was strange that you would run so he probably took that as probable cause. it was probably a park ranger they are usually bigger assholes then real police (personal experience) but if you said it was ok for him to search you then you gave him the ok to search you
2007-07-01 11:55:33 · answer #6 · answered by Dont get Infected 7 · 0⤊ 2⤋
It's all clearly outline on this website:
http://www.k9fleck.org/nlu01.htm
2007-07-01 14:14:45 · answer #7 · answered by ஜSnazzlefrazzஜ 5 · 0⤊ 0⤋