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Arrests, searches (including person and car), seizure of contraband, Miranda warnings, etc.


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Old 11-25-2009, 12:13 PM   #1
sounders253
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Wrongfully arrested?

Jurisdiction/Place: USA - Washington

Hi, this is my first post on this forum. I came here to ask some questions about being wrongfully arrested.

Last night my friend was arrested around midnight, the charges he was eventually arrested for are; Obstructing a police officer, possession of mari, possession of paraphanelia, and resisting arrest.

Here's the story of what happened: He was riding around with a girl friend of his, and I guess she had been drinking. She drove up onto a curb and got stuck. My friend called his younger brother to come help, at the same time he got down there a cop had just pulled up. So my friends little brother saw the whole thing happen.

The first cop walked up and asked to see everyone's ID's. Her partner had his taser gun out pointed toward their group. The cops never once said why they were detaining everyone so my friend said he knows his rights, and he's not doing anything wrong so he kept trying to get the car off the curb. He pointed his taser at my friends little brother and my friend got really mad and started yelling at the cops. They called for backup, the orignial cop pulled out his real gun, when the back up got there the cop got out of his car and tackled my friend to the ground, he's a big guy, so it took 6 cops to get him into handcuffs. This whole time he hasn't done anything wrong, for all they know he's just trying to help get the car off the curb. I don't think they can use that much force just because he yelled at the cop for pointing his taser at his little brother? Then finally after they handcuff him and get him into the back of the car, they then find out the driver had been drinking and that she was underage. They then searched the car and found my friends stash.

So I guess my question is, were they allowed to go as far as they did, when they didn't even know the driver was intoxicated, and that my friend had anything on him. They pretty much arrested him because he was helping get a car off the curb, and for yelling at the cop who pointed the taser gun. DId they really need the back up and the 6 cops it took to arrest my friend?

Last edited by sounders253; 11-25-2009 at 12:15 PM..
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Old 11-25-2009, 05:22 PM   #2
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Quote:
Originally Posted by sounders253 View Post
Hi, this is my first post on this forum. I came here to ask some questions about being wrongfully arrested.

Last night my friend was arrested around midnight, the charges he was eventually arrested for are; Obstructing a police officer, possession of mari, possession of paraphanelia, and resisting arrest.

Here's the story of what happened: He was riding around with a girl friend of his, and I guess she had been drinking. She drove up onto a curb and got stuck. My friend called his younger brother to come help, at the same time he got down there a cop had just pulled up. So my friends little brother saw the whole thing happen.

The first cop walked up and asked to see everyone's ID's. Her partner had his taser gun out pointed toward their group. The cops never once said why they were detaining everyone so my friend said he knows his rights, and he's not doing anything wrong so he kept trying to get the car off the curb. He pointed his taser at my friends little brother and my friend got really mad and started yelling at the cops. They called for backup, the orignial cop pulled out his real gun, when the back up got there the cop got out of his car and tackled my friend to the ground, he's a big guy, so it took 6 cops to get him into handcuffs. This whole time he hasn't done anything wrong, for all they know he's just trying to help get the car off the curb. I don't think they can use that much force just because he yelled at the cop for pointing his taser at his little brother? Then finally after they handcuff him and get him into the back of the car, they then find out the driver had been drinking and that she was underage. They then searched the car and found my friends stash.

So I guess my question is, were they allowed to go as far as they did, when they didn't even know the driver was intoxicated, and that my friend had anything on him. They pretty much arrested him because he was helping get a car off the curb, and for yelling at the cop who pointed the taser gun. DId they really need the back up and the 6 cops it took to arrest my friend?
Your friend brought this on himself. Had he been a polite young man with the officers and answered their questions in a polite and civil manner they may have eventually gone on their merry way. Your friend decided to take another road and is now paying the consequences.

Using the facts you have provided here, there is nothing illegal or unjust about this arrest.
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Old 11-25-2009, 10:31 PM   #3
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Your friend is a numnuts. If things happened as you say, then there does not appear to be any wrong doing by the police, and your friend committed the offenses he is charged with.
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Old 12-02-2009, 07:09 AM   #4
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Re: Wrongfully arrested?

Street encounters with the police should always be cordial, courteous, and civil. The courtroom is the place to conduct cross examinations.
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