Arrest, Search, Seizure, Warrant Running up the street

[dryeah]

It was a Friday evening at about 11 o clock and i was jogging up the street to a friends house. I am twenty years old and i had a couple drinks but not intoxicated to the point i was stupid. I was running up a a well lit busy street on the side walk when i heard some yelling behind me. I started walking and moments later I found myself surronded by uniformed officers.
They started to interragate me asking "who i was running from" "where was i going" "where did i come from" . I was really confused there was at least six guys and i thought i was going to get beat up. I didnt say really anything other than i came from that way and i'm going that way. Then i was asked how much i had to drink. Thats when i one of the officers flashed a badge.
Okay its 11 o clock and i feel that i shouldnt have been stopped in the first place but then the fifth amendment makes sure that i cannont incriminate myself so they have to read my maranda rights before they start asking questions besides my name, address, etc. Another officer arrived after i had been searched and they did this thing with their finger which i thought i followed perfect. They made me take a breathe alizer i refused the first time and didnt blow in it when they told me i blew like a 1.33 or something. they never showed me but kept telling me that i was double over. I was booked into jail and was charged with MIP and intoxication.
I want to know if i can be stopped for any reason like that. The Fourth Amendment to the United States Constitution ensures citizens' right to "be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. They didnt say i was suspecious looking or that they had a call about a crime in the area. nothing they just stopped me for running. maybe i'm crazy but i dont think they had any reason to stop me!

 

[CdwJava]

I started walking and moments later I found myself surronded by uniformed officers. ...
They started to interragate me asking "who i was running from" "where was i going" "where did i come from" . I was really confused there was at least six guys and i thought i was going to get beat up.

You thought you were being mugged by 6 uniformed officers??

Okay its 11 o clock and i feel that i shouldnt have been stopped in the first place but then the fifth amendment makes sure that i cannont incriminate myself so they have to read my maranda rights before they start asking questions besides my name, address, etc.

You are wrong. They can ask whatever questions they want ... you do not have to answer them, however.

Miranda rights only apply after you are in custody. From what you describe, you were detained and NOT arrested.

Another officer arrived after i had been searched and they did this thing with their finger which i thought i followed perfect.

That's because you cannot see or note the nystagmus present in your eyes or the rebound of your pupils.

They made me take a breathe alizer i refused the first time and didnt blow in it when they told me i blew like a 1.33 or something.

Probably .133 ... that's higher than .08 and while it does not prove public intoxication, it certainly goes a long way to show that you were inebriated in public.

they never showed me but kept telling me that i was double over. I was booked into jail and was charged with MIP and intoxication.

Oops! Under 21 and drinking ... bad combination. And criminal.

I want to know if i can be stopped for any reason like that.

You can be detained for any reasonable suspicion. The officers will have to articulate why you were detained. Essentially, a detention can be lawful for minimal cause ... all the officers have to articulate is that they have reasonable belief you were likely engaged in criminal activity - this is a very low level of suspicion and your running can be one element of that suspicion.

The Fourth Amendment to the United States Constitution ensures citizens' right to "be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

Correct. hence the reason they need to articulate lawful cause to effect the detention.

They didnt say i was suspecious looking or that they had a call about a crime in the area.

They don't have to tell you anything.

nothing they just stopped me for running. maybe i'm crazy but i dont think they had any reason to stop me!

Your attorney can make the argument to suppress in court.

Now, if the court rules that they had good cause for the detention, then what? Do you have a legal defense for being underage and in possession or having consumed alcohol?

The penalties you face, and the options you have to minimize the penalties, vary by state. What state did this happen in?

- Carl

 

[dryeah]

I live in Utah.
I must just look like a trouble maker. Two to three weeks ago i was in 711 wondering the store waiting for a friend of mine to get off work. Two officers showed up walked right up to me and asked me to step outside. He got my information and accused me of watching traffic so i could steal gas or something weird. Nothing happend after the employees said they knew me but what are the chances to be detained like that twice in a month?
So if they think they have reason for detaining me then there really wouldnt be any other course of action except to learn from my mistakes?

 

[CdwJava]

So if they think they have reason for detaining me then there really wouldnt be any other course of action except to learn from my mistakes?

If the cause for the stop is not suppressed, then, yeah - you may just have to learn not to be drinking before or after you have gone into public.

- Carl