Alcohol & Drugs: MIP, MIC, Intoxication I was wrongfully arrested

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No27

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Aparently a female police oofficer was walking by an apartment where there was a little gathering of people, and two of those people were outside in the balcony (i was not one of them) and those two people called the officer a pig... the officer had about 8 other officers show up and 3 of the premises security were there about 3 officers came into the apartment and pulled all of us out sat us on the concrete the female officer began confronting every one of us saying, "you have something to say to me?" she had glasses on her head holding her hair meaning she most likely wasnt able to see who it really was. she padded me down and my friend the guy i showed up with and i am under the understanding shes not allowed to pad us down it has to be a male officer, anyway i had literally gotten to the apartment 10 minutes b4 the cops showed up so i had had 1 beer she booked me and my buddy for disoederly conduct and being drunk in public niether me or my buddy were drunk we asked if we could have a blood, sobriety , or breathalizer test and she said no she told us our eyes were red and our breath smelled of alcohol i spent 14hrs in a holding cell 4 of those hrs in pd the other in 10 hrs county my buddy did 19hrs i told her we were inside and not in public she had said no you werent i saw you outside when i padded you down.... so we got tickets and im not sure if i should fight it or just pay the fine if i fight it im afraid it might violate my summary probation.... any advice thanks.
 
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Aparently a female police oofficer was walking by an apartment where there was a little gathering of people, and two of those people were outside in the balcony (i was not one of them) and those two people called the officer a pig... the officer had about 8 other officers show up and 3 of the premises security were there about 3 officers came into the apartment and pulled all of us out sat us on the concrete the female officer began confronting every one of us saying, "you have something to say to me?" she had glasses on her head holding her hair meaning she most likely wasnt able to see who it really was. she padded me down and my friend the guy i showed up with and i am under the understanding shes not allowed to pad us down it has to be a male officer, anyway i had literally gotten to the apartment 10 minutes b4 the cops showed up so i had had 1 beer she booked me and my buddy for disoederly conduct and being drunk in public niether me or my buddy were drunk we asked if we could have a blood, sobriety , or breathalizer test and she said no she told us our eyes were red and our breath smelled of alcohol i spent 14hrs in a holding cell 4 of those hrs in pd the other in 10 hrs county my buddy did 19hrs i told her we were inside and not in public she had said no you werent i saw you outside when i padded you down.... so we got tickets and im not sure if i should fight it or just pay the fine if i fight it im afraid it might violate my summary probation.... any advice thanks.

I was wrongfully arrested

Okay, where is the part about being "wrongfully arrested"?
 
Because you can only be arrested on private property aka your home: for a felony, or domestic violence.

Give me a cite.

Well...you can't.

That's just an urban legend. Sorry!:no:
 
Give me a cite.

Well...you can't.

That's just an urban legend. Sorry!:no:

46-6-210. Arrest by peace officer. A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or when the officer believes on reasonable grounds:
(1) that a warrant for the person's arrest has been issued in this state, except that unless otherwise provided by law, a warrant for violation of a city ordinance may not be acted upon unless the person is located within the limits of the city in which the violation is alleged to have occurred; or
(2) that a felony warrant for the person's arrest has been issued in another jurisdiction.
 
Now show me the law that says the police can arrest you in your home for more than a felony or domestic violence case.
 
46-6-210. Arrest by peace officer. A peace officer may arrest a person when the officer has a warrant commanding that the person be arrested or when the officer believes on reasonable grounds:
(1) that a warrant for the person's arrest has been issued in this state, except that unless otherwise provided by law, a warrant for violation of a city ordinance may not be acted upon unless the person is located within the limits of the city in which the violation is alleged to have occurred; or
(2) that a felony warrant for the person's arrest has been issued in another jurisdiction.

Interesting quote.

Interesting, but irrelevant.

What does it have to do with this (see below)?


Because you can only be arrested on private property aka your home: for a felony, or domestic violence.
 
Interesting quote.

Interesting, but irrelevant.

What does it have to do with this (see below)?

I guess you didn't read part's 1 and 2. We are looking for a Supreme court case now.

In Montana, I have never heard of ANYONE being lawfully arrested in their home unless it was a Felony or domestic violence. The cops don't trespass for a misomeanor.

Once you leave, such as your driveway, that's another story. To remove someone from the home, without a warrent, so they can make an arrest seems legal to you Seniorjudge??
 
I guess you didn't read part's 1 and 2. We are looking for a Supreme court case now.

In Montana, I have never heard of ANYONE being lawfully arrested in their home unless it was a Felony or domestic violence. The cops don't trespass for a misomeanor.

Once you leave, such as your driveway, that's another story. To remove someone from the home, without a warrent, so they can make an arrest seems legal to you Seniorjudge??

Your proposition was this:

Because you can only be arrested on private property aka your home: for a felony, or domestic violence.

Nothing you have cited backs up that proposition.

Are you saying cops in Montana do not arrest anyone at home for a domestic violence misdemeanor?

What, exactly, ARE you saying?
 
Your proposition was this:

Because you can only be arrested on private property aka your home: for a felony, or domestic violence.

Nothing you have cited backs up that proposition.

Are you saying cops in Montana do not arrest anyone at home for a domestic violence misdemeanor?

What, exactly, ARE you saying?

I'm saying, unless it is a Felony or Domestic Violence, they cannot arrest you in your home. They don't arrest persons in their homes for misdemeanors. Domestic Violence in Montana is a Violent offense, requiring registration as a violent offender. There is a difference.
 
Aparently a female police oofficer was walking by an apartment where there was a little gathering of people, and two of those people were outside in the balcony (i was not one of them) and those two people called the officer a pig... the officer had about 8 other officers show up and 3 of the premises security were there about 3 officers came into the apartment and pulled all of us out sat us on the concrete the female officer began confronting every one of us saying, "you have something to say to me?" she had glasses on her head holding her hair meaning she most likely wasnt able to see who it really was. she padded me down and my friend the guy i showed up with and i am under the understanding shes not allowed to pad us down it has to be a male officer, anyway i had literally gotten to the apartment 10 minutes b4 the cops showed up so i had had 1 beer she booked me and my buddy for disoederly conduct and being drunk in public niether me or my buddy were drunk we asked if we could have a blood, sobriety , or breathalizer test and she said no she told us our eyes were red and our breath smelled of alcohol i spent 14hrs in a holding cell 4 of those hrs in pd the other in 10 hrs county my buddy did 19hrs i told her we were inside and not in public she had said no you werent i saw you outside when i padded you down.... so we got tickets and im not sure if i should fight it or just pay the fine if i fight it im afraid it might violate my summary probation.... any advice thanks.

Check it out No.27:

¶16 An officer must have probable cause to justify a warrantless arrest. State v. Williamson, 1998 MT 199, ¶ 12, 290 Mont. 321, ¶ 12, 965 P.2d 231, ¶ 12. Probable cause exists where the facts and circumstances within an officer's personal knowledge prove sufficient to warrant a reasonable person to believe that someone is committing or has committed an offense. Williamson, ¶ 12. Probable cause cannot be based on an officer's mere suspicion of criminal activity. Williamson, ¶ 12.
¶17 The information within Detective Swandal's knowledge at the time he stopped Ellington consisted of seeing Ellington leave the casino and begin talking with the occupants of Wizenburg's car. Detective Swandal suspected that Wizenburg was selling drugs out of her car. Detective Swandal saw Ellington walk away from the car as he approached. Detective Swandal stopped Ellington based on these facts alone. Detective Swandal did not yet know whether there were any drugs in Wizenburg's car and he did not witness Ellington and the occupants of the car exchange any items consistent with a drug sale.
6
¶18 These facts fail to establish probable cause to arrest. Although Detective Swandal may have suspected that Ellington was involved in criminal activity, mere suspicion cannot establish probable cause. Williamson, ¶ 12. Witnessing Ellington talking to the occupants of a vehicle that Detective Swandal had a warrant to search and then witnessing Ellington walk away from the vehicle as he approached do not warrant Detective Swandal's belief that Ellington was committing or had committed a crime.
¶19 We thus conclude that Detective Swandal arrested Ellington without probable cause. An unlawful arrest renders evidence seized as a product of that arrest inadmissible. City of Billings v. Whalen, 242 Mont. 293, 298, 790 P.2d 471, 475 (1990). Because we conclude that Ellington's arrest was unlawful, we need not address whether officers possessed the requisite particularized suspicion to detain and search him outside the casino. In this regard, we note that the officers detained Ellington outside the casino, frisked him, and found no contraband. The temporary detention should have ended at that point. The discovery of the contraband occurred, however, only after the officers had arrested Ellington and transported him to the Law and Justice Center.
 
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Your proposition was this:

Because you can only be arrested on private property aka your home: for a felony, or domestic violence.

Nothing you have cited backs up that proposition.

Are you saying cops in Montana do not arrest anyone at home for a domestic violence misdemeanor?

What, exactly, ARE you saying?

I'm saying what I told you was correct:

300.204 Arrest, Summons, Notice to Appear.
MCA 46-6-105. Time of making arrest. An arrest may be made at any time of the day or night, except that a person may not be arrested in the person's home or private dwelling place at night for a misdemeanor committed at some other time and place unless upon the direction of a judge endorsed upon an arrest warrant. However, a person may be arrested in the person's home or private dwelling at night if the person is being arrested pursuant to 46-6-311 for the offense of partner or family member assault.
 
well... about 4 cops made their way in to the apartment wich i do not reside in kicked everyone out and once outside we were sat on the concrete, then the female officer searched me; then she hancuffed me and told me i was drunk. she said i was actinc disorderly and she could smell the alcohol on my breath she didnt bother to give me any test even after i requested it... and the only reason she booked me is because someone in the apartment had called her a pig... but i was completely sober.
 
So what should i do... you guys have been great but i havent really read anything that helps me except for... scooterdog thanx but i need a bit more info from all you guros...
 
well... about 4 cops made their way in to the apartment wich i do not reside in kicked everyone out and once outside we were sat on the concrete, then the female officer searched me; then she hancuffed me and told me i was drunk. she said i was actinc disorderly and she could smell the alcohol on my breath she didnt bother to give me any test even after i requested it... and the only reason she booked me is because someone in the apartment had called her a pig... but i was completely sober.

How can one be disorderly in a private home? :dunno:

The fact is some one said something, she got all upset, got a couple more cops and started busting people for no reason. Sure, once they had you outside they could say that you were acting discorerly. That's pretty weak.
 
so i have a court date im panning on pleading not guilty beacause im not but im looking to get A lawyer just dont know what the outcome will be i know i can get off the ticket beacause she didnt submit me to a sobriety test or any test for that matter but im wondering if i might be able to maybe do a harrassment suit agints the po;ice deprtment... i mean i felt herassed and was...
 
so i have a court date im panning on pleading not guilty beacause im not but im looking to get A lawyer just dont know what the outcome will be i know i can get off the ticket beacause she didnt submit me to a sobriety test or any test for that matter but im wondering if i might be able to maybe do a harrassment suit agints the po;ice deprtment... i mean i felt herassed and was...

I smell a pleabar-gain or a con-viction comming up. :(

You and your four friends need to consider filing a civil rights action against these officers. They followed no procedure whatsoever.

I wouldn't be making any kind of plea if it were me. I would get a continuance(snag the form from the clerk of court, or call and ask for 4-6 weeks to find a lawyer). Then in that time I would motion to quash, motion to dismiss this bogus charge. And, chances are I would have the case thrown out before any plea need be made. But, that's just me.
 
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