Police Harassment

[MRojas]

I was arrested about 2 months ago for possesion of marijuana less than 20grams. Story goes apperantly my car door was left open on campus and they searched the car and came to my sports practice and arrested me infront of the entire team. I was taken down to a juvenile holding cell at the police station (I'm 21) where I was questioned by Detectives asking me for names and places of dealers etc etc. They told me that as long as I cooperated the paper work would not be filled. I was let go about an hour later, the cop told me I was NO LONGER UNDER ARREST. Ever since then the Detective has called me about once ever week or so asking me if I have any new information or names. The Detective was literally asking me to set-up a drug deal for him. My friend works at the State Attorneys Office and checked my records and said I have no record of arrest or paper work, yet the Detective keeps on calling me. Is this grounds for harassment? Can I file a lawsuit against the Detective?

Once again, no paper work was ever filled and its been about 2 months since the arrest which they let me walk away from.

Thank you.

 

[CdwJava]

What state was this in?

Story goes apperantly my car door was left open on campus and they searched the car and came to my sports practice and arrested me infront of the entire team.

Oops.

The Detective was literally asking me to set-up a drug deal for him.

Sometimes they do that.

My friend works at the State Attorneys Office and checked my records and said I have no record of arrest or paper work, yet the Detective keeps on calling me. Is this grounds for harassment? Can I file a lawsuit against the Detective?

Not at all. ANYONE can call you and ask for information. And this must be a really good friend ... he could be committing a crime by checking records as a personal favor (depending on what records he checks and whether the same information is available to anyone who asks in your un-named state).

Note that the detective can decide to file the case with the DA anyway, so it is in your best interest to at least be polite or you might find that you are on your way to jail.

Once again, no paper work was ever filled and its been about 2 months since the arrest which they let me walk away from.

Depending on the state and the nature of the charge, I suspect they have between one and three years to file criminal charges. So, you have at least 10 more months to be nice to the detective. He might get tired of being strung along and decide to file anyway, so keep that in mind.


- Carl

 

[MRojas]

This was in florida. Weird thing is the detective was asking me if I had filled out paper work with the cops as if he didin't even have it. Which brings me to another question, is it illegal search and seizure for a cop to search a open car?

 

[MRojas]

My stash was hidden in the arm rest compartment in no plain view.

 

[MRojas]

Also my mirandas we're never read and I was questioned for about an hour...is this grounds for dismissal if I am to go to court?

 

[CdwJava]

Whether Miranda applies or not depends on whether or not you were interrogated after being in custody. If the detective feels there is a Miranda issue, then that may be why no charged have been filed.

Without knowing why the officers got into the car, the only answer is that there are circumstances that would allow them entry to the car for a search ... whether any o those were present here, I cannot say.

- Carl

 

[MRojas]

The cop told me my car door was wide open and when he approached the car it smelled like marijuana which I thought was complete B.S. pardon my language, and also there was "residue" on my dashboard? Which there was not.

On the miranda, the cop before I was put in cuffs said ok let me read you your mirandas, walked away and never said a thing.

 

[CdwJava]

The cop told me my car door was wide open and when he approached the car it smelled like marijuana which I thought was complete B.S. pardon my language, and also there was "residue" on my dashboard? Which there was not.

I gotta tell ya, marijuana wreaks. He probably did smell it.

On the miranda, the cop before I was put in cuffs said ok let me read you your mirandas, walked away and never said a thing.

That is something to bring up with your attorney if you ever get taken to trial.
- Carl

 

[MRojas]

Hmmm alright well thanks for the advice here Java, it has been 2 weeks since his last call. I hope he realizes I'm just another college kid or something. It was funny he even said I dont sound like the "typical" pot smoker ,majoring in Aerospace Engineering on a full scholarship. Ha!