First off what state are we talking about, that does have some effect on things.
Secondly, who are DH and DS? (I am guessing its son and husband)
Originally posted by gluetrap
They came to the window and asked me for my ID, well i didnt grab my purse so no wallet or registration, i dont keep it in the glovebox anymore
because DS has rifled around in there one too many times.
It is a crime now to not have an ID on you at all times, and present it when asked for by a law enforcement officer. I know that sounds crappy and
un-American, but it’s a fact for the moment with such things as the Patriot Act and Nation ID Act in effect. Its one of the first steps in the whole
National ID debacle, which I am not even going to go into here.
Now from the time when the officer asked you to step out of the car, did you in anyway refuse a lawful order, or give them a hard time. When I say a
hard time, I mean asking them “Why? What for? What have I done?”. Did you threaten them “I know my rights and you cannot do this”, or anything
alone those lines? Did you yell, scream, cry, or otherwise throw a fit? Really, the only option that you have at the time of arrest is to request a
supervisor, and possibly a female officer if you’re a women.
Originally posted by gluetrap
They keep asking if there is anything illegal in the car, i keep telling them no, but why did they need to remove the tags?!?!?!
Well i guess that was permission to search because they went through my entire car tore it apart. I didnt consent to a search i said they could put
the plates in the back of the car.
As to them searching your car, they have that right if they feel that there is a reasonable suspicion. They do not have to put anything back away
after they are finished searching either. You might be able to recover something from property they damaged, but I doubt it for a shell, and I would
guess that it is going to require a trip to civil court. Just spotting a bag of tobacco sitting in a box, or something they consider to be drug
paraphernalia is defiantly grounds to get your car searched, and knowing some of the things that American Indians use in ceremony, there are things
that could have provided them that right.
Why they removed the tags I don’t understand unless they were from a stolen vehicle, or maybe expired.
Originally posted by gluetrap
Finally they take me across the street so we can sit on the curb under an awning of a funeral home out of the rain. They refuse to let Casey who is
not in any trouble or in cuffs get my hoody so i am shivering and soaked in a tank top.
They are going to refuse to let your cousin go into the car for anything while its being searched as they do not want him removing evidence or
grabbing a weapon.
Originally posted by gluetrap
They consistently ask what our relationship is, why i am i hanging out with an 18 year old boy....um im his legal guardian
They ask me where i work and i tell them from home, they say oh reeeaaaally, doing what????
To me this implies that they suspected you of either selling drugs, being involved in prostitution, or both. If you were in an area know for this,
then that also can be considered reasonable cause.
Originally posted by gluetrap
Finally cop number two comes over and tells me i have an outstanding warrant for Dog at large, from 2001, i paid that and went to court over it, but
nope its flagged as a bench warrant.
It does not matter if you paid the fine or not, a bench warrant is served for being in “Contempt of Court”. This is normally issued when you
forget to show up for a court date. Going to court when supeana’ed is not an optional thing, they don’t give out sick days. Your lucky that your
not still in jail to be honest with you, they did not have to let you bail out and could have continued to hold you:
Bench Warrant
the person is immediately taken into custody by authorities, rejailed and a hearing is held at which time new bail amount and conditions are set and a
new court appearance date is scheduled. Often, if a person is arrested on a bench warrant, that person is held without bail until they can appear in
court for whatever incident it was that they failed to appear to address originally.
Originally posted by gluetrap
2 cheap ass dollar store steak.kitchen knives, they threatened me with concealed weapons charges but i think they were bluffing, i hope they were
anyway.
They did ask you if you had anything in the car, when asked this they also mean anything that can be considered a weapon. Hard to tell if they are
kidding or not, I think it would have to do with their location in the car. You would be surprised at the things that it’s illegal to carry in your
car. For example, I bet you did not know that carrying tools beyond what is required to change a tire is considered “having tools of burglary” in
some states such as mine. This is what the police call fishing laws; it gives them an excuse to search someone’s car or arrest them for litterly no
reason.
If you don’t like those laws, then your best bet is to lobby to get them changed.
Originally posted by gluetrap
So they tell me to stand up and put my hands cuffed in front of me instead and tell me to take out my nosering, well i cant get it out, im still
cuffed for christs sakes, and casey couldnt get it either because it was hurting me too bad. They refuse to let me look in the mirror of their cop car
to try or uncuff me even though i have been totally cooperative and up front.
Yes, they would. Once you are under arrest they cannot take your handcuffs off, especially if your struggling, and they cannot let you retain anything
that could be used as a lock pick. I am willing to bet from this whole nose ring deal that you were not being quite as cooperative as your trying to
make it sound in hindsight. Did at some point you end up on the ground during this? Did they have to drag you to the car or did you go along without a
fuss?
The reason why is right here:
Originally posted by gluetrap
cop number 1 tells me thats fine if you wont take it out they will just cut it with snips at the jail, i said thats fine.
At this point the cops are ticked off with you, and they are starting to give you the hard path in life. This tells me you were resisting more then
your letting on. I know how this goes, I have seen it a thousand times as most of my friends are officers.
Originally posted by gluetrap
So they put me in the car and tell casey who they know has no liscense that whatever he does to take my car home after they leave is fine with
them.
Whoever was with you was an 18 year old, so they are perfectly allowed to tell him to do with the vehicle as needs to be done, and leave him there. He
is an adult at 18, and their other option would be to tow the car. They actually saved you some money at this point.
Originally posted by gluetrap
They take me to jail book me, and cant find the wiresnips so the cop puts on rubber gloves and says this is gonna hurt like hell but we have to do
it
Sorry, I am not buying this one. The only way this went down was if you were again resisting. If an officer has to so much as give your arm a pinch,
then it has to be written up in a report called a “Use of Force”. There is no way that you walked around with a bloody nose from an officer
pulling a piercing through unless you were struggling when they tried to remove it. Most all jails and prisons are covered almost 100% by video, and a
booking area I can pretty much guarantee it to be the case.
Originally posted by gluetrap
I was never read my rights, i still dont know what i have been charged with because the bond was over 800 dollars even though the single paper they
gave me with a charge said $104 for that one outstanding ticket. They never told me what i was charged with or why.
It should be on your booking paperwork.
Originally posted by gluetrap
I was never read my rights
Rights are now done for everyone, all at once, on some form of close circuit TV at the jailhouse. This is to ensure that everyone gets read them, and
read them exactly. They no longer read your rights upon arrest.
Originally posted by gluetrap
Im a freaking stay at home mom with no criminal record, no history of drug use or violence of any kind why was i treated this way.
I am going to guess that when they told you they were going to take you down town for a bench warrant, that you freaked out on them, which made it
really hard on yourself.
Originally posted by gluetrap
Im scared to death to go to court monday morning because i have no idea what im facing and what to do about it
You need to get an attorney. It’s going to cost you about $500 to retain one, but at least they can help you figure out what the deal is all about.
Just make sure you tell him everything, and don’t slant it to make it sound better, or yourself more innocent then you were. If you resisted arrest
or something then your best bet is to make sure you let the attorney know that up front as most jails and cops are covered by video tape to stop
anyone from making accusations like the ones coming up here, and it is not going to help if they have you on video resisting.
I really advise you at least retain an attorney, or speak with a few. I would hate to hear that you show up in court and end up facing a resisting
arrest charge, a concealed weapon charge, and/or battery on a law enforcement officer, all from just not going quietly when you might have just faced
contempt of court if you had.
Good luck and let us know what you find out…