Her brother in law who is in the US legally got pulled over by the police. He didn't have his license but he did have an id to show who he was. The police ran his name called for backup and had him arrested. His name is Jorge Rios and supposedly they were looking for a Jorge Rios Castillo. Well the cops came they put guns to his head and arrested him. The whole time he didn't know why but at the same time he was scared so he wasnt asking many questions. When they took him into custody they let him call for about 2 minutes but would not tell him where he was at so he can let the family know. All they told him is he was being charged with murder and rape and that he was being sent to Laredo. The family was so worried and called every police station in the area. No one had him on record. They kept him 3 days without letting him contact anyone then finally today they let him go home because they had the wrong man. The impounded his car and he had to find a way back to houston from laredo
2007-08-12 14:15:56 · 7 answers · asked by <Carol> 5 in Politics & Government ➔ Law & Ethics
He did have an ID on him to show who he was. He just didnt have his drivers licence but he had his greencard!
2007-08-12 14:20:47 · update #1
The only time they let him use the phone was to contact his family but they didnt wouldnt tell him where he was at. She even called her cousin who is a police officer to try to see if he could find out and he couldn't find him either. He was not given access to a phone after the first hour he was apprehended. They even filed a missing persons report to see if they could find him that way and that didn't work either.
2007-08-12 14:33:00 · update #2
It's unfortunate that an innocent man was treated like a criminal but please try to see it from the other perspective. What if it had indeed been the criminal they had been seeking and they had accepted that he was an innocent person based on just a green card as identification and had let the criminal go. The police were responding based on the fact that your friend's brother-in-law had already broken the law by driving without a driver's license on his person--so he was already a person of suspicion.
With our country already on high alert for terrorist activity and with Texas being one of the first states of entry for illegal drug running activity, it is very important that innocent individuals have all necessary papers required by law with them at all times.
2007-08-12 14:32:44 · answer #1 · answered by Anonymous · 2⤊ 0⤋
If he was driving and didn't have a driver's license, the police had every right to arrest him and impound his car. If so, he will still go to trial on that matter.
It is sad and unfortunate that he was mistaken for another person which was wanted for murder and rape and the police can detain a person for 72 hours to verify their identity. He could have used his one phone call to attorney, but he called his family instead, who SHOULD have called an attorney who would have been able to help them clear up the misunderstanding much sooner.
2007-08-13 08:49:11 · answer #2 · answered by bottleblondemama 7 · 1⤊ 0⤋
It's grey area, but legal.
-The name was close enough to cause confusion. Green cards and such can be faked.
- Guns drawn is standard at a felony stop, which this was, as he was suspected of murder/rape.
- They have the right to detain for up to 72 hrs, after which they have to charge or cut you loose.
- Giving you a phone call is a courtesy. You're NOT legally entitled to one.
The only real question is whether he asked for and was denied counsel.
2007-08-12 21:30:29 · answer #3 · answered by Atavacron 5 · 3⤊ 0⤋
same thing happened here in Florida about two weeks ago, they threw this female in jail as she had the same name, different age but the same name etc etc..held her for about 5 days [ish] and after her b/f working non stop to bring them proof that they had the wrong person the finally agreed he was RIGHT but then held her for another night to sort out their paper work..............basically they said oops sorry and we can give you any losses you might have incurred from not being at work etc but that's about it.....................MIND YOU, I personally think she has a very very strong case and they may well settle a nice sum on her..........suggest you contact a lawyer and speak to a few of the minority groups as this appears to have a touch of racism overtones to the whole thing.
regards
2007-08-12 21:24:47 · answer #4 · answered by candy g 7 · 3⤊ 1⤋
Better to keep a suspect until they find out who he is, then to let a real rapist & murderer go free because they were unsure. It has happened before with tragic consequences.
2007-08-12 21:23:07 · answer #5 · answered by mstrywmn 7 · 3⤊ 1⤋
Did the police give him an opportunity to contact a lawyer? If they didn't, I think he should do so now!!!!
2007-08-12 21:26:11 · answer #6 · answered by Anonymous · 3⤊ 2⤋
It's the driver's responsibility to carry I.D. at all times. Obviously he was unable to prove who he was.
2007-08-12 21:19:34 · answer #7 · answered by Anonymous · 2⤊ 3⤋