So the police just fucking took me in!!

THENUMBER1022

Well-Known Member
no miranda rights, no handcuffs = no right to detain.

If you passed the test, there is no doubt/suspicion to go on. If you just act mature and dress appropriately, and don't smoke the day of court, I think you will be okay. If the officers don't do there job correctly - your case is out the window.
 

timeismoney1

New Member
Well i was forced to be detained and never read rights. But i will update once i talk with my mom about this lawyer situation and financing :(
 

THENUMBER1022

Well-Known Member
I personally would have been shouting legal profanities as they are were telling me to get in the car. You can't make a judgement of whether or not someone is under the influence if they pass the sobriety test. Thats what the sobriety test does, determines your ability to drive a motor vehicle.

Why did he pull you over again? because you were swerving?
 

THENUMBER1022

Well-Known Member
usually 500 bucks an appearance in court for a decent, in-town lawyer with a good rep/relationship with the judge. You only pay them for their court appearances so hopefully you only have one.
 

SocataSmoker

Well-Known Member
Miranda rights do not have to be read if no questioning is to take place...

were you questioned about the charges?
 

cannabisguru

Well-Known Member
Man i hope you guys can help out here

Ok i was pulled over for a little swerving he said. I gave him a little lip cuz i swore to god he kept calling me mame. So after that he said you know what i smell marijuana and your giving me lip i need you to step out of the car! LIKE WTF I DIDNT EVEN SMOKE TODAY OR HAVEING ANY WEED IN THE CAR! So i got out he then sat me in the back of his car for like 15min while the searched hi and low in my car to find anything. (which there was nothing)

So then he gave him the breath test and the walking test which i passed then he took me into custody (nvr put cuffs on me) but made me go to the police office due to suspicion of operation a motor vehicle under a narcotic.

Is that freaking legal?????????? Now i have court date bcuz i refused to give a piss test cuz i know id have marijuana in it (but was not driving hi) So now i have my licenses revoked for one year.

IDK what to do. Im fucking pissed. There should be now way he can do this for "suspicion" with no proof

Also i was never once read my miranda rights

WOOP! Stop everything my friend... hold it right there because you have nothing to worry about.

Ever heard of 'Due Process'??

basically, in a nutshell.. any time you EVER get arrested.. and it doesn't matter what state your in when you get arrested.. NO MATTER WHAT!! The arresting officer HAS TO READ YOU you rights.. period, end of case.

In other words, if you can prove that the officer didn't read you your rights... they have no case, they'll have to dismiss the case and drop any/all charges against the arrested person or persons, period.

You got lucky my friend..

tell your lawyer that they/he/she didn't read you your rights.. and trust me, you'll hear nothing but good news from then on.


peace.
 

Total Head

Well-Known Member
i don't care if the op told the cop his mother was a loose cunt. piggy got his inflated ego stomped on? tough fuck. do your fucking job you fat bacon cunt and stop clogging the court system with your boredom. a five year old public defender could beat this case so i wouldn't worry too much about the outcome.

can someone please explain to me how if the breath/field test came up clean, and the car search yielded nothing, WHAT THE FUCK WAS THE SUSPICION?
 

cannabisguru

Well-Known Member
Miranda rights do not have to be read if no questioning is to take place...

were you questioned about the charges?
Wrong.. Wrong...

anytime a government official arrests a civilian.. that arresting officer MUST read this person their rights... period.

doesn't matter if the officer questions the person or not.. if they arrest that person or persons.. that arresting officer MUST read those people their rights.

end of story.
 

fdd2blk

Well-Known Member
WOOP! Stop everything my friend... hold it right there because you have nothing to worry about.

Ever heard of 'Due Process'??

basically, in a nutshell.. any time you EVER get arrested.. and it doesn't matter what state your in when you get arrested.. NO MATTER WHAT!! The arresting officer HAS TO READ YOU you rights.. period, end of case.

In other words, if you can prove that the officer didn't read you your rights... they have no case, they'll have to dismiss the case and drop any/all charges against the arrested person or persons, period.

You got lucky my friend..

tell your lawyer that they/he/she didn't read you your rights.. and trust me, you'll hear nothing but good news from then on.


peace.

how do you "prove" someone DIDN'T say something to you? :?
 

timeismoney1

New Member
Thanks everyone for the high hopes!! I love you all <3 THanks!!!!!!!

The suspision was swerving. I passed all tests so he came to conclusion about some bullshit blah blah i was a narcotic office for 6 years and i suspect your on narcotics. Thats how it went. No rights either ;-) So IM HAPPY!!!!!!!
 

racerboy71

bud bootlegger
Miranda rights do not have to be read if no questioning is to take place...

were you questioned about the charges?
yah, i know i've been arrested a few times, and not one of them did they read me my miranda rights.. i didn't talk to them about anything though, so i'm sure this is the reason..
i was once brought in for questioning though, and you better believe the first thing they did was read me my rights, so i think socata's on to something here..
 

fdd2blk

Well-Known Member
you all are sitting on the right answer, just open another window. :)



Miranda warning

From Wikipedia, the free encyclopedia
The Miranda warning (also referred to as Miranda rights) is a warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them about their constitutional rights. In Miranda v. Arizona, the Supreme Court of the United States held that an elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of the right to decline to make self-incriminatory statements and the right to legal counsel (hence the so-called "Miranda rights"), and makes a knowing, intelligent and voluntary waiver of those rights.[Note 1] The Miranda warning is not a condition of detention, but rather a safeguard against self-incrimination; as a result, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial.
Under the U.S. Supreme Court decision in Berghuis v. Thompkins suspects retain their 5th Amendment right to remain silent, however, if a suspect waives this right and interrogation begins, the right to halt further interrogation by the police must be exercised explicitly, by revoking the prior waiver of this 5th Amendment right.
 

lambofgod

Well-Known Member
First off. He had zero right to search your vehicle, and at the point he said "I smell bla bla, get out of the car" my retort?

"you have no right to enter my vehicle, please hold on a moment while I call my lawyer."

You did right by not giving a urine sample.

If you happen to get a public DEF. Do not take some BS deal, this case could easily be thrown out of court.
 

fdd2blk

Well-Known Member
Wrong.. Wrong...

anytime a government official arrests a civilian.. that arresting officer MUST read this person their rights... period.

doesn't matter if the officer questions the person or not.. if they arrest that person or persons.. that arresting officer MUST read those people their rights.

end of story.
it was a nice story though. ;) :)
 

SocataSmoker

Well-Known Member
Wrong.. Wrong...

anytime a government official arrests a civilian.. that arresting officer MUST read this person their rights... period.

doesn't matter if the officer questions the person or not.. if they arrest that person or persons.. that arresting officer MUST read those people their rights.

end of story.


Wrong... wrong... wrong...

Sorry, call any lawyer you want to...

If the officer does not want to use anything you say in court as evidence against you... they do not have to read you your Miranda Rights.


Hell do a google search... this has always been the case... here's the first page after a simple search:

http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html



When the Miranda Warning Is Required

It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody (deprived of his or her freedom of action in any significant way), the police must give a Miranda warning if they want to question the suspect and use the suspect's answers as evidence at trial.

If a person is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial if the person is later charged with a crime. This exception most often comes up when the police stop someone on the street to question him or her about a recent crime or the person blurts out a confession before the police have an opportunity to deliver the warning.


Again, and as FDD just posted the Wiki article... Miranda Rights are NOT required to be recited to you and understood by YOU unless what YOU say needs to be used as evidence in court.
 

racerboy71

bud bootlegger
how do you "prove" someone DIDN'T say something to you? :?
exactly.. and all the cop has to say is yes i did, and who's a judge going to believe, a cop, or some young ma'am?? lol.. sorry time, this does suck bals though and i feel bad about it for sure..
 

lambofgod

Well-Known Member
lol miranda rights......


these things didnt mean shit after the homeland security act was passed, shit all they have to do is say your a terrorist and they can legal tortue you in the USA...even if your a US citizen.
 

THENUMBER1022

Well-Known Member
exactly, its borderline harrasment.

We should make a stoners guide to getting pulled over, so all the idiots know their legal rights.

Cops can arrest you for picking your nose while you are walking down the sidewalk, charge you with DUI and drop you off at the police station. They don't have to deal with you again until your court date, and most of the time if they know they are wrong they will ask the judge to be excused before your trial. They are sneaky fucks, and will throw you off guard for the sake of getting your money and pissing you off. There are some good cops, I had the coolest most down to earth cop (probably a rookie) come by after a mexican told me he was going to find me and kill me. I just wanted to give the mexican a good scare but the cop - just with the kids cell phone, came back three seperate times, each time with more information than anyone would ever need. He was basically like "oh you hate the cops because we never do anything? well his name is victor alfanzo hernandez, he lives at 577 lancaster place, in frederick md, he is 5ft 6in and 150 lbs, dob 10/5/90 his moms name is linda and he sleeps on the second level in the back left room"

It's a good feeling when they are actually helping you out. Although thats only the case maybe 5% of the time.
 

lambofgod

Well-Known Member
exactly.. and all the cop has to say is yes i did, and who's a judge going to believe, a cop, or some young ma'am?? lol.. sorry time, this does suck bals though and i feel bad about it for sure..

simple, they have dash cams, with audio.....and you and your lawyer have the right to request these videos.....

come on thats a simple one.
 

Total Head

Well-Known Member
Thanks everyone for the high hopes!! I love you all <3 THanks!!!!!!!

The suspision was swerving. I passed all tests so he came to conclusion about some bullshit blah blah i was a narcotic office for 6 years and i suspect your on narcotics. Thats how it went. No rights either ;-) So IM HAPPY!!!!!!!

tell the judge you were texting. and was there a dash cam on the pig mobile? might clear a lot of shit up. if the pig was a narc officer for 6 years have your lawyer claim that the pig sees narcotics everywhere and you shouldn't be punished for his obsession.
 
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