Property Invasion, Damages, Trespass can marker at bus stop be used as evidence??

[tierza]

my bf was on his way home from work at 4.30 in the morning..
he was at the bus stop and got up and walked towards the street to see if the bus was coming since the street is curved and noticed that an undercover cop was at the light and stayed there even though two or three green lights passed..
he goes back to the bus stop and sits down and the cop goes on the green but does a u-turn and goes to where my bf was sitting..
he gets out the car and asks him how he was doing and then asks him to stand up as he is being arrested..
my bf asks for what and the uc just answers youre being arrested..
he searches him and is now using my messenger bag which was in his possession as evidence..
theyre calling it a tagging bag bcuz it had dried acrylic paint on it
(i am an artist and like i said bfore its my bag and i usually use it for my ink supplies)
and his wallet is also being used as evidence even though it just has his writing on it saying his name

as they searched the area they at first didnt find anything but then suddenly found a marker..

he is now facing charges of felony vandalism..

can that marker be used against him even tho it wasnt in his possesion at the time of the arrest??

and if not should the bag and wallet be enough evidence against him for the case to stick??

 

[mightymoose]

Yes, the marker can be used as evidence against him. It will be up to a jury to weigh the value of that evidence.
I understand what you are saying about your bag, but the fact is that you are not the one that was carrying it... he was. The contents of the bag apparently were seen as vandalism tools.
If his wallet or the bag had markings on it that are similar to any graffiti then yes, they can hold those as evidence to show the similarities in the writing and style... especially if the same type of writing was found at the bus stop where he was arrested.

Chances are that the officer saw your boyfriend in the act before your boyfriend noticed the officer. We don't know exactly what that officer saw, but it was enough for him to make the arrest.

Just curious... why is it a felony vandalism? What was damaged, and what was the approximate value?

 

[tierza]

i havent received a copy of the report..
but he was supposedly writing on a bus stop sign..
theres writing on the sign and a sticker..
the writing on his wallet was just regular letters as in his own handwriting..
the bag literally only has spots of dried acrylic ink..
and its felony vandalism bcuz any type of graffiti is now considered a felony..
the arresting officer also didnt read him his rights..
i know that the officer can just as easily say that he did
what is most likely going to happen at his arraignment date??
he is pleading not guilty

 

[army judge]

i havent received a copy of the report..
but he was supposedly writing on a bus stop sign..
theres writing on the sign and a sticker..
the writing on his wallet was just regular letters as in his own handwriting..
the bag literally only has spots of dried acrylic ink..
and its felony vandalism bcuz any type of graffiti is now considered a felony..
the arresting officer also didnt read him his rights..
i know that the officer can just as easily say that he did
what is most likely going to happen at his arraignment date??
he is pleading not guilty

Police officers are not required to give Miranda warnings to every arrested person.
Miranda warnings are given only to those when officers wish to question them and believe the light of suspicion has shone on them.

In this case, the officer made NO effort to question the arrested man.
The officer was under no legal duty to read Miranda to him.

Miranda is a red herring in this already confusing case.
As Moose stated, the officer "observed" something that led him to believe that a crime had been committed by your BF.

Everyone should plead not guilty and seek their day in court.
Make the state prove up what they allege that you have done.
We all have the presumption of innocence about us, until proven guilty in a court of law.

 

[mightymoose]

You are wrong about all graffiti being treated as a felony. Unless the damage was over $400 or he was tagging up a building such a a church, it will be a misdemeanor offense. There may be other associated charges regarding the equipment in the bag.... or perhaps there is something to it that you don't know. Writing on a bus stop sign isn't likely to amount to a felony... but if he tagged up the benches and everything else in the area, then the total value of the damage to those items could be over $400 and make it a felony.

 

[justagurl530]

Is it his first time being arrested for graff? My b/f was arrested for graff charges and it was dropped to disorderly conduct, but I am not sure how it goes in Cali. as I am in NY.

I wouldn't worry too much unless he has prior charges