Then they wanted to know if I had any drugs in my possession and asked if they could search me and my car . I asked them to leave and they said we need to see some ID and I said go away then they moved up on to my property and as I backed away they said stop and I kept going and then they jumped me and took me to jail . I was charged with resisting arrest .
Thats the charge almost all people get when confronted by the police these days .
Even if you have done nothing they can arrest you and haul you down to jail .
2007-08-24 10:44:02 · 35 answers · asked by Anonymous in Politics & Government ➔ Politics
probably because the only people up at 3 in the morning are shift workers and drunks. They thought you were the latter, and atttempting to steal the car. Your actions in resisting arrest confirmed it.
2007-08-25 02:06:24 · answer #1 · answered by ? 6 · 0⤊ 0⤋
Good Question just because u were on ur own property waxing ur car at 3:00 A.M. they did all of that ,they violated ur rights for one thing and I would sue the cops and the police department as a whole they had no right doing that and I would make them pay dearly for that.
U have every right to tell them to get off ur property especially if u-r- not doing anything wrong and minding ur own business get a good lawyer and take them to the cleaners all that sounds like harrassement and nothing to do but pick on u because u were doing ur car or have u had drugs problems before and the police know u and that is why they did what they did which is it you know there are two sides to every story right!
2007-08-24 10:57:21 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Seems like your rights were violated. They have no right to be on your property without a warrant, they have no right to search your property without a warrant and they should have left when you instructed them to.
Resisting arrest for what?
Aren't you glad Bush hasn't declared you a combatant and just thrown you into jail without charging you for as long as he wants.
Seems to me you can't be charged with resisting arrest when they were violating Your rights when they arrested you!
And 3 AM doesn't matter. You were not doing anything suspicious. Waxing a car is not a reason to violate the constitution and you were not on public property! They were on PRIVATE property without a warrant or probable cause!
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What really gives it away is that they asked to search your car looking for drugs! If they had probable cause they needed a warrant to search your car, and they needed a court to give them one!
It really say's something when people defend the police because of time for violating the Constitution! I have read it thousands of times and it does not say, "except these rights do not apply between midnight and 6 AM!!"
2007-08-24 10:55:32 · answer #3 · answered by cantcu 7 · 2⤊ 0⤋
Well, it's not normal for someone to be waxing a car at 3am they probably that you were high and sure the opportunity to get a possession charge. Any police is allowed to see your i.d they want to know who you are and what there dealing with. Refusing gave them reasonable doubt, so yes they can arrest you on suspension. Next time give them your i.d ask them what the problem is, you are allowed to ask if your going to be arrested and when they say no tell them to have a good night.
2007-08-24 10:54:01 · answer #4 · answered by Anonymous · 0⤊ 1⤋
You bloody terrorist! You should be sent to Guantanamo for some time to think about your sins. Are you trying to wake up Americans that are quietly attending the Churches, praising the Lord?
A new world order has been created. The pre-emptive war machine has been started...
Behave! Waxing at 3am could stimulate evil and erotic thoughts on neighbours. You shouldn't be allowed to do so.
2007-08-24 11:46:36 · answer #5 · answered by Francis 2 · 0⤊ 0⤋
Even if you have done nothing they can arrest you and haul you down to jail . - Yet you did not "do nothing". They said "stop". That is a lawful order and you are required to comply. You resisted arrest by failing to do so.
Funny, I have never been arrested yet I have talked to the police many times for various reasons.
The police have enough to do. They don't need to create additional work for themselves arresting people that don't need to be arrested.
2007-08-24 10:53:37 · answer #6 · answered by davidmi711 7 · 1⤊ 1⤋
one of you neighbor's probably reported your suspicious behavior..you surely will admit that it is not normal behavior to wash you car at 3 am in the morning, you can't even see that well to do a good job.
sounds like you were belligerent from the beginning rather than cooperate with those who are charged to protect all citizens and they may have thought this was suspicious also, seems like all could have been resolved to everyone's benefit with just some simple common courtesy.
i surmise from your id and avatar that you take pride in being 'different' so i guess along with that pride come some personal responsibility for the consequences.
2007-08-24 11:22:16 · answer #7 · answered by ? 7 · 0⤊ 0⤋
I had a similar situation happen except it was 7 in the evening. The best way to have handled this situation is to tell them to get a warrant before searching anything. Then mention that while they are trying to get a warrant based on nothing you will be on the phone with your attorney. Then ask for their badge numbers, names and the name of their superior officer. This helped diffuse the situation I was in and haven't had a problem since. In fact the officer I had a problem with came out a day after I met with his superior and apologized.
2007-08-24 11:01:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
That's terrible. There is no legal cause to justify that. Sounds very familiar for some strange reason. With the exception of waxing a car. It was actually triggered simply by walking home.
2007-08-24 11:38:26 · answer #9 · answered by Chi Guy 5 · 0⤊ 0⤋
1. Persons who try to get away when contronted by the police are more likely to be arrested than those who stop.
2. You did do something: you kept moving when they said to stop.
3. I assume that most persons do not wash and wax their cars at 3 a.m. I am not sure because I am usually sleeping at that time. Probably, most persons outside at that time are drug users or are stealing cars. Again, I am not sure because I am usually sleeping at that time.
2007-08-24 10:53:01 · answer #10 · answered by StephenWeinstein 7 · 0⤊ 1⤋