A cop made up an elaborate lie using eye witnesses placing my vehicle somewhere where it was not and telling me someone ratted me out for buying alcohol for a minor. I thought that if I lied to an officer I would get in even more trouble than if I just admitted to it. To find out there was no possible way for them to make the connection between the minors and me, there had to be extensive lying going on. How do I fight this?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Alcohol & Drugs: MIP, MIC, Intoxication Possible Entrapment
- Thread Starter prgirl
- Start date
- Status
CdwJava
Moderator
Unless the "lie" was such that it would induce an otherwise innocent person to confess to a crime they did not confess to, it would not generally rise to the level of impropriety.
If you wish to fight the allegation, you may engage the services of an attorney.
- Carl
If you wish to fight the allegation, you may engage the services of an attorney.
- Carl
Theresagail
New Member
Cops use this ploy all of the time, they play people against eachother until one spills -- In the end they get the truth.
CdwJava
Moderator
Miranda is generally only required after you are taken in to custody and are then interrogated. If they had what they needed prior to Miranda, and you were not confined in a room at the police station when they interviewed you prior to the arrest, then chances are good no reading of your Miranda rights were necessary.
This is certainly something you need to mention to your attorney in any event.
- Carl
I found that if you are in custody and the rights were NOT read, they CANNOT use ANYTHING you said! EVEN if it contains a confession. So my next question would be... If you are in the back of a police car and cannot get out without their help, because you are locked in. Is that considered "in custody"?
CdwJava
Moderator
The statements to be suppressed would have to be taken in violation of Miranda and elicited after you were in custody. If they obtained the incriminating statements before you were put in the car, they do not have to read you your Miranda rights.
In fact, I'd say some 90% of arrests will not require Miranda.
Yep.
If you were questioned after you had been "cuffed and stuffed", and you were not read your Miranda rights (or the equivalent as per Beheler) then any admissions you made could, potentially, be suppressed.
- Carl
CdwJava
Moderator
Whether Miranda would apply will be situational and will depend on what was said and the standard of Miranda law in your state and federal circuit. If you were asked to sit in the back of the car to keep warm, told you were not under arrest, and then asked, "What happened?" and you blabbed, that's not likely to be a Miranda violation. But, if you were plopped in the back of the car, told you were going "downtown" and then yelled at until you 'fessed up, that very well COULD be a Miranda violation.
Consult local counsel.
- Carl
Ok, I'm going to use every detail I can remember and I only want to know if it is worth fighting this case... so far it sounds like a lost cause
I DID buy and they went to a party, I bought solely for the reason I prefer them to not do meth and other hard drugs because their parents are not the best examples. They went to the party where a few girls were and their mother, the mother left to go get some action and didn't come back until the morning. Her daughter was sick and only the daughters friend was there. The mother called the cops that morning complaining about puke. The cops went over there and I assumed asked some questions.
The cops came knocking on my door before either of the minors that I bought for had talked to them, they brought me to their vehicle and made up this elaborate lie. "Do you know a jane?" I said "no, no idea who that is" well her and her mother saw your vehicle drop off some liquor at their house for two young boys" "thats impossible because my car's tranny dropped a few weeks back, It hasn't moved for quite a while" as I pointed to my car. They also claimed the mom came back from vacation and found puke everywhere. Then they proceeded to say "I KNOW you bought for so and so and I just want to know where you bought it and who paid, and if you got any extra cash out of the deal we have a bunch of booze in the back of the trunk" So I said ok, yes, it was $40 and I got it in emmons" - Bad move on my part - then they warned me not to do it again and that they would do paperwork and get me a court date.
I talked to the guys and they had not talked to the cops yet. One was out of state and they hadn't made it to the others house. The walked up to one of the guys' houses and busted them for lots and lots of perefenelia or however you spell that, the boy is a smart ass and did not say anything to the cops and over heard them saying something about 3 suspects and I was one of them. But how they got my name in with that is a question. On top of all that guys said the mom was at the begining of the party and she had bought for her daughter, but must have told the cops that I bought it all...
So I never received any ticket or anything in mail or was never contacted but all of a sudden a friend that had gotten in trouble that same weekend was arrested for the same thing and called me to inform me that I am next on the list to get arrested and brought in that night. So I called dispatch asking what was going on and if I had a warrant out for my arrest. They said yes. I said ok, what are my options, 1-do nothing 2-do nothing and get caught eventually 3- let me know where you are and I can pick you up and take you in to get all of this confusion out of the way. 4- come down to the station or go to the jail house to pay your bail of $500.
So I told them I would meet them at the station in town and pay the fine to prevent being cuffed. I was never cuffed when I was talking to them either. I was informed that they were just going to bring me in anyway even if I went to the station so I went directly to the jail myself.
During the time I was searching for the $500 cash the police had circled my house up to 27 times in less than 4 hours waiting for me to come home to get arrested. And when I finally came up with the cash and had someone drive me to the jailhouse my ride had to skip town and drive around it to pick me up because I heard them announce on the scanner that they were watching for his vehicle.
I went to the jailhouse confirmed scars and tatoo's and my address and gave him my cash and was on my way. The next day I realized he did not give me a court date or have me sign anything and was very confused.
During all of this I found out 86% of all cases dropped the person has pleaded guilty at some point or another. And that if you are in their custody which to me that means simply being in their possession because if you are in the back of a police vehicle you cannot get out without their help, you have to be read your maranda's in order for anything to be used in court...
Is this situation being in the back of a vehicle NOT cuffed and NOT at the station and confession a violation of my rights? And why was I arrested and never given a ticket or a court date prior to this drama?
I DID buy and they went to a party, I bought solely for the reason I prefer them to not do meth and other hard drugs because their parents are not the best examples. They went to the party where a few girls were and their mother, the mother left to go get some action and didn't come back until the morning. Her daughter was sick and only the daughters friend was there. The mother called the cops that morning complaining about puke. The cops went over there and I assumed asked some questions.
The cops came knocking on my door before either of the minors that I bought for had talked to them, they brought me to their vehicle and made up this elaborate lie. "Do you know a jane?" I said "no, no idea who that is" well her and her mother saw your vehicle drop off some liquor at their house for two young boys" "thats impossible because my car's tranny dropped a few weeks back, It hasn't moved for quite a while" as I pointed to my car. They also claimed the mom came back from vacation and found puke everywhere. Then they proceeded to say "I KNOW you bought for so and so and I just want to know where you bought it and who paid, and if you got any extra cash out of the deal we have a bunch of booze in the back of the trunk" So I said ok, yes, it was $40 and I got it in emmons" - Bad move on my part - then they warned me not to do it again and that they would do paperwork and get me a court date.
I talked to the guys and they had not talked to the cops yet. One was out of state and they hadn't made it to the others house. The walked up to one of the guys' houses and busted them for lots and lots of perefenelia or however you spell that, the boy is a smart ass and did not say anything to the cops and over heard them saying something about 3 suspects and I was one of them. But how they got my name in with that is a question. On top of all that guys said the mom was at the begining of the party and she had bought for her daughter, but must have told the cops that I bought it all...
So I never received any ticket or anything in mail or was never contacted but all of a sudden a friend that had gotten in trouble that same weekend was arrested for the same thing and called me to inform me that I am next on the list to get arrested and brought in that night. So I called dispatch asking what was going on and if I had a warrant out for my arrest. They said yes. I said ok, what are my options, 1-do nothing 2-do nothing and get caught eventually 3- let me know where you are and I can pick you up and take you in to get all of this confusion out of the way. 4- come down to the station or go to the jail house to pay your bail of $500.
So I told them I would meet them at the station in town and pay the fine to prevent being cuffed. I was never cuffed when I was talking to them either. I was informed that they were just going to bring me in anyway even if I went to the station so I went directly to the jail myself.
During the time I was searching for the $500 cash the police had circled my house up to 27 times in less than 4 hours waiting for me to come home to get arrested. And when I finally came up with the cash and had someone drive me to the jailhouse my ride had to skip town and drive around it to pick me up because I heard them announce on the scanner that they were watching for his vehicle.
I went to the jailhouse confirmed scars and tatoo's and my address and gave him my cash and was on my way. The next day I realized he did not give me a court date or have me sign anything and was very confused.
During all of this I found out 86% of all cases dropped the person has pleaded guilty at some point or another. And that if you are in their custody which to me that means simply being in their possession because if you are in the back of a police vehicle you cannot get out without their help, you have to be read your maranda's in order for anything to be used in court...
Is this situation being in the back of a vehicle NOT cuffed and NOT at the station and confession a violation of my rights? And why was I arrested and never given a ticket or a court date prior to this drama?
CdwJava
Moderator
No, it is not a "violation of your rights". Any statements made while you were in the back of the car and not under Miranda COULD be suppressed. It is not a guarantee, but it is possible that the interrogation could be ruled as custodial thus requiring Miranda.
And the state can forward a report to the DA who will then ask the court for a warrant. You do not have to be advised, cited, or arrested previously for a warrant to issue.
Consult local counsel for advice on how best to proceed in your specific circumstances.
- Carl
raskalnikov
New Member
Cops are allowed to lie to you.
I don't think your reasoning for buying alcohol ("at least it's not meth") will help much by means of an explanation, either. . .
But, it isn't all a lost cause. Cops ellicit false confessions all the time. Have they talked to the minors, and what will they testify to in court? There's always the possibility you "lied" to the cops just to tell them what they want, were intimidated, etc. . . You can always consult a defense attorney, and see if they can reduce the charge.
I don't think your reasoning for buying alcohol ("at least it's not meth") will help much by means of an explanation, either. . .
But, it isn't all a lost cause. Cops ellicit false confessions all the time. Have they talked to the minors, and what will they testify to in court? There's always the possibility you "lied" to the cops just to tell them what they want, were intimidated, etc. . . You can always consult a defense attorney, and see if they can reduce the charge.
- Status
Share this page
