my friend was driving home around 3AM and got pulled over by 3 cops. His taillight was burnt so i guess it was the reason they stopped him at first. but then they took a look at the car and said 'i can tell that ur a druggie'.. they searched his car and took his blood sample and arrested him for 7 hours. they found nothing in the car and my friend wasnt driving under any substance/alcohol. Then they set the date sometime around November and he has to show up to hear the result.
my question is that how the phuck can they arrest you if ur not DUI or you dont have ANYTHING in ur car??
2007-09-05
09:12:28
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15 answers
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asked by
Anonymous
in
Politics & Government
➔ Law Enforcement & Police
they charge him wit misdemeanor.. for how much? im not too sure
2007-09-05
09:43:39 ·
update #1
that is all i know. to all of u thinks im lying or 'hiding' something..yall are *********. i dont need to bring up this issue and lie about it. i advised him to talk to his lawyer so yea..
2007-09-05
12:05:48 ·
update #2
get a lawyer .. citizens must start sticking up for their rights. or it will be too late.
2007-09-05 09:20:53
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answer #1
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answered by Mildred S 6
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From what it sounds like the PC (probable cause) for the stop was the tail light. They had PC to make an arrest for DUI/ DWI (whatever your state law is) for drugs. The taking of the blood was for the DUI drug case. If his blood comes up clean then he will be found not guilty. If there are any traces he will be convicted of DUI. The arrest is based on the officers training and experience. Just so you know in an officers opinion no good is out at 3am...No good has a improperly functioning vehicle... No good gets stopped and 3 shows up on the deal...Now pick someone for best answer that agrees with you.
2007-09-05 10:47:29
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answer #2
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answered by wfsgymwear 3
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You obviously have some what less than the whole story. Why on earth would a cop make up some story and a false misdemeanor charge? If he does that he has to fill out a mountain of paperwork, take time to be interviewed by detectives, lawyers and a judge, go to court and testify.
Just to get some lame fine out of your bf? Get real.
I have a feeling you got some line like, "baby, I didn't do nuthin. Them cops were just harrassing me for no reason.. They must be dirty cops, abusing my rights. Just like the other 8 times I got busted."
And you fell for it hook, line and sinker. No one can teach you common sense but you may try some remedial English and grammar.
2007-09-05 09:50:19
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answer #3
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answered by Anonymous
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In CA, if someone displays the objective symptoms of being under the influence of a controlled substance, they can be arrested, blood/urine tested and booked for it. The officers do not need to discover any physical evidence whatsoever. The symptoms of being "high" are all they need.
If the blood test comes back negative, then the case will be dropped. However, your friend will not be able to recoup losses for the arrest and tow if the officer made the arrest on good faith and properly documented the behavior and symptoms observed.
2007-09-05 09:21:22
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answer #4
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answered by California Street Cop 6
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What were the charges? Did you see this? Were you a witness to this abuse or are you taking the word of a friend that is probably embarrassed about getting into trouble?
Your friend cannot be held for 7 hours for mere suspician, there has to be probable cause for an arrest. Give us details if you want us to get back to you with some real advice for your friend.
2007-09-05 09:22:13
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answer #5
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answered by Anonymous
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"Dirty cops abusing their rights?"
Is that like when a cop arrests himself without PC, or takes himself on an alley ride and gives a good old fashioned beat-down....or it is your ghettofabulous way of accusing the police officers involved of abusing your friend's rights?
Anyway, most states have an "expressed consent" law, which means by the very fact of driving you've given your persmission to consent to a blood or breath test should a police officer request it. Many police officers are Drug Recognition Experts and are specially trained in spotting drugged-up drivers (like the rest of us can tell DUI's from Field Sobriety Tests).
You obviously are leaving much out of your story, but its apparent that they had probable cause to believe he was DUI of alcohol/drugs. Whether he's convicted or not rests with the court.
2007-09-05 11:28:53
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answer #6
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answered by lpdhcdh 6
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first mistake your friend made was to allow the cops to search his car second mistake was to submit a blood sample. your friend needs to go to a lawyer and quick, the cops can arrest you on probable cause but can not hold you for over a certain amt. of time without pressing charges.if they never pressed charges what in sam hill is he going to court over? advise him to go to the state attorneys office and have them pull up his case, get a copy of it. he needs to know what the sam hill he is being charged with. it's a matter of public record. he needs an attorney if he has any charges pending.
2007-09-05 09:23:23
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answer #7
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answered by luminous 7
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If he has to be back in November than he was charged with something. And did he have to bail out or was he just released. There is a differance in being detained for questioning and being arrested.
2007-09-05 09:23:23
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answer #8
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answered by Anonymous
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If they didn't file any charges against him, they probably didn't arrest him but held him under suspicion. They can do that if they "think" he was up to something. That's why they only kept him for 24 hours most likely. If you're friend can afford it, he should hire a lawyer to look into it.
2007-09-05 09:17:11
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answer #9
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answered by Spirish_1 5
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Your story, in my opinion, lacks a lot of information. Did you or he act in a manner that caused them to take him into custody? People get stopped daily by Police for a light out, but don't get locked up for a burned out brake light. With no intention of calling you a flat out liar, I say YOU are not telling us everything here.
2007-09-05 09:23:51
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answer #10
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answered by Anonymous
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That is the reason I have set up a name and shame site against W.M Police, too many corrupt and sadistic officers abusing their power.
If I help to pay their wages then I expect them to abide by the law. can't give the address out on Yahoo.
2007-09-05 11:25:19
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answer #11
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answered by st.abbs 5
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