Arrest, Search, Seizure, Warrant Confused

[So_Confused2010]

My 15 year old son was arrested at my oldest son football game. He was arrested for standing in front of the concession stand, and had having a bad attitude. It took three cops to arrest him I could see if he was a big kid but he's 5ft 6in tall and really thin. One of the cops put his arm around him and chocked him and dragged him all the way out of the gate, kept him them until I got there. Now it looks like my child will be suspended from school and probably will not be able to play basketball for the school. My questions is, did they have a right to arrest him, and will this be a permanent record, do you think I should file charges???

 

[CdwJava]

My 15 year old son was arrested at my oldest son football game. He was arrested for standing in front of the concession stand, and had having a bad attitude.

Since neither of those things is mentioned as a crime in my search of the NYS codes, can you tell us what the actual charges are that he was cited or booked on?

It took three cops to arrest him I could see if he was a big kid but he's 5ft 6in tall and really thin. One of the cops put his arm around him and chocked him and dragged him all the way out of the gate, kept him them until I got there. Now it looks like my child will be suspended from school and probably will not be able to play basketball for the school. My questions is, did they have a right to arrest him, and will this be a permanent record, do you think I should file charges???

If the police had probable cause to believe that a crime had been committed and that your son committed the crime, they have a right to arrest him.

And what charges would you file? Against whom? Against the officers for arresting him?!?!? Unless they used excessive force and he was injured, or the arrest was clearly made without probable cause, you have no cause of action.

So, to start with, what are the actual statutes under which he has been charged?

 

[army judge]

My 15 year old son was arrested at my oldest son football game. He was arrested for standing in front of the concession stand, and had having a bad attitude. It took three cops to arrest him I could see if he was a big kid but he's 5ft 6in tall and really thin. One of the cops put his arm around him and chocked him and dragged him all the way out of the gate, kept him them until I got there. Now it looks like my child will be suspended from school and probably will not be able to play basketball for the school. My questions is, did they have a right to arrest him, and will this be a permanent record, do you think I should file charges???

That's odd, I've attended many football games, and even stood in front of concession stands; but I've never been arrested for doing JUST that.

I always have a bad attitude, and I've never been collared for that, either.

Seriously, there is MORE to this story than the lad is telling you.

I've bet you've stood in front of concessions stands, and never got arrested, either.

What you need to do now, as his mother, is tell him to say nothing about this to anyone.

You might also ask the school (or the lawyer) about VIDEOTAPE.

If there is a VIDEOTAPE of this incident, it will reveal a great deal!

You can hire him a lawyer, or if you can't afford one, ask the judge to appoint one to represent him.

Make sure he doesn't miss any scheduled court dates.

And, you should always be present when he visits with his lawyer and appears in court.

Direct him to plead not guilty, and allow the lawyer to represent him (with your continued involvement).

It would appear the police THOUGHT they had a right to arrest junior.

But, that is for a judge to ultimately decide.

This is a simple thing and will likely go away, if you and junior do what I've advised.

If he gets acquitted of the charge, he can probably play basketball.

If he gets convicted, at least you will know that his rights were protected.

In the future, maybe you and junior should have a little chat about civility, deportment, society, law and order??? :yes:

 

[mightymoose]

It sounds like there was no arrest. The child was removed from the school grounds and held until the parent arrived to take custody.

Being on school grounds, he could be ordered off at any time, and he likely refused to leave when ordered to by the officers. This would be a trespass charge if anything, but unlikely they would do anything formal with it. If they had done anything formal then we would have more information here, and he certainly wouldn't have been released to a parent on the spot.

I doubt the officer choked the boy as suggested, but surely some manner of control hold was used to physically remove him from the property, and such force could easily be justified.

If anything this boy would be facing a trespass and possibly an obstruction/delaying charge... but it seems more likely that the officers just wanted him off the grounds for some reason and resolved to have the parent pick him up.

There is nothing to sue the officers for, however if there is something about the incident that the OP finds offensive or unfair, a written complaint to the department would be sufficient to begin an internal investigation into the officer's actions.

 

[jerryvermoney]

Three cops. If he was causing a public disturbance then yes