Arrest, Search, Seizure, Warrant Wrongful arrest

[theshirt0919]

I was arrested for having a shirt on that read "Goula Boyz". I know in my heart that I was violated and I want to persue the matter but I don't know how to get started or if my case even has merit.

 

[CdwJava]

I was arrested for having a shirt on that read "Goula Boyz". I know in my heart that I was violated and I want to persue the matter but I don't know how to get started or if my case even has merit.

I doubt the charge on the booking sheet or citation read, "Arrested for wearing bad T-Shirt". What were you actually charged with? (What state, and what code section were you accused of violating?)

What makes you think that you were arrested for wearing a T-Shirt with the name of some bizarre sounding band (at least, I ASSUME it is a band)? I can't imagine any cop getting that bent out of shape over your taste in music ... ah, if only I could arrest my teenage son for HIS taste in music!

- Carl

 

[Scooterdog]

I was arrested for having a shirt on that read "Goula Boyz". I know in my heart that I was violated and I want to persue the matter but I don't know how to get started or if my case even has merit.

You have a right to file in federa court. I showed on one web site, and hope I can find this for you, wher someme had the words" fuck the draft", the Supreme court of the US, ruled agianst it!

You have a right to free speech, and fredome of expression.


Look into your states constitution, it is there. :yes:

 

[theshirt0919]

I was charged with disorderly conduct.

 

[theshirt0919]

I was charged with disorderly conduct and I have to go to court in January. Should I persue the issue in federal court before or after my court date? An officer arrested me because I would'nt take my shirt off. He claimed that it was gang related because it had the words "Goula Boyz" written on the front.

 

[Scooterdog]

I was charged with disorderly conduct and I have to go to court in January. Should I persue the issue in federal court before or after my court date?

I will see if I can find that case for you. I got banned from that site for posting it when they stomped on my right to free speach and expression.

You can put in a simple motion to dismiss, and cite this case. I can help you with it if you like.

What state? Or did I miss that?

 

[theshirt0919]

I am in Mississippi. The incident happened in the city of Hattiesburg and currently there are several civil suits against their police department. Do you think my case has enough merit to file a civil suit? I was going to school at the local university majoring in coaching and sports management and I believe that the fact that I was published in the newspaper for these misdemenors might have hurt my chances in landing a job in that particular county. I would love for someone to help before I start spending money on a case that might not go anywhere.

 

[CdwJava]

It would depend on a review of all the facts. If you were truly arrested solely because you refused to remove a T-Shirt, then you might have a viable claim against the agency ... not a big one, but enough of one to warrant consultation with an attorney. If there were some other issues involved, then that may well hurt any chances you have.

- Carl

 

[theshirt0919]

The officer claimed that the shirt was a display of gang activity because the of the neighborhood. The Goula is a neighborhood in Hattiesburg, MS where I was raised. I don't belong to a gang but because I was raised there I had no choice but to have contact with guys and girls that were affliated with the gangs around the neighborhood, I mean I wasn't going to just hide under a rock from age six until the present and hope for a way out. The actual shirts were sold as a promotion for an anual festival that takes place in the neighborhood so you will find 50 to 60 year old senior citizens wearing the same shirt. Would that make them apart of a gang? The fact is that I was taken to jail and charged with disorderly conduct and consumption of alcohol because of the shirt I had on and I was sitting outside of a clothing store drinking a Barqs rootbeer.

 

[CdwJava]

It may have been an honest mistake on the part of the officer, but unless the state can document/articulate the existence or the perceived existence of such a gang, the arrest will likely be bad.

Wearing gang clothing is not generally criminal. However, wearing it at a school function can justify staff asking you to remove it - we do it with gang-related paraphernalia at schools out here all the time.

Had you been drinking alcohol? Could that have played into the situation?

If you were simply outside a store drinking a root beer, I don't see that the police could lawfully arrest you for wearing a gang shirt (assuming they thought it was/is a gang).


- Carl

 

[theshirt0919]

While attending Jones County Junior College I wore three different types- styles and colors- of the same shirt and the gang issue never came up. People, teachers as well as students, always wondered if I was from a town in Mississippi called Pascagoula. Now I live in Biloxi, MS which is 60 miles from Hattiesburg where the incident took place and 30 miles west of the city of Pascagoula people often ask where I got the shirt because they had an intrest in buying one.

 

[CdwJava]

Well, like I said, if the police can articulate their belief that the shirt was somehow connected to a local gang - or reasonably believed to be - then that connection is good. But, even if it said "Rolling 30s Crips" on the shirt, it is still not generally going to be unlawful to wear the shirt unless you have some kind of gang stipulations to parole or probation.

You might want to consult an attorney to see if there is any action that can be taken. The first step might be in filing a personnel complaint against the officer involved. The longer you wait, the less timely the complaint will be and the more likely it will be seen as bogus. But, you would be best served to consult an attorney first to decide what procedure is best for where you are.

And, beating the criminal charge will, of course, come first.

- Carl

 

[theshirt0919]

theshirt0919

What type of attorney should I look for? The incident accured in the month of September so do you think that will hurt my chances of having something done? I didn't won't to persue the issue right off because I was still living in Hattiesburg and the officer and like two of fellow officers constantly bothered me everytime they saw me. I could be riding around or going back to the store where the incident happened and when they saw me it was an automatic search or pull over to search the car. I have been living in a different city now for the past three to four weeks and I am trying to persue the case but I don't know how to get started.

 

[CdwJava]

The time delay will hurt. A civil rights attorney might be best. I'm not sure whether you want to look for one that handles state or federal cases, but I imagine a decent one will know which venue might be best to file in if it gets to that point. There may be elements of this incident that make it a bad case to go to court or make a claim on ... there's no way to know. But, on the face of it, I'd say someone messed up. Whether that mess up can result in any kind of monetary damages would have to be seen.

The first step would be to consult an attorney before things get too far behind you.

- Carl