Jonmalibuss Posted November 20, 2006 Report Share Posted November 20, 2006 I may need some legal assistance from some of you officers here! Ok this all started tonight 11-19-06 my g/f and I were on our way to my parents house from the store and I was just around the corner from my house when I came to a stop and suddenly saw a cop with his lights on behind me and I was about to make a right hand turn so I wasn't sure if I should stop there or continue around the corner and then stop so I didn't block the corner. Well I saw they had their doors open so I threw it in park. Then the cop comes up and tells me to shit the truck off, so I do. Then he asks me fr my license and I give it to him with the registration and insurance. Then he yells get out of the truck where he begins to search me. He tells me he pulled me over for speeding and then tells me I was asked to get out of the truck because he smelled alcohol on my breath. Well my g/f and I had a drink at lunch and it was 5pm at the time so I called B.S. There is no way you can smell my breath from 4 ft away when I had a drink about 4-5 hrs ago. So I get sat down on th curb along with my g/f after she was searched as well. Then the cop asks to search my truck so I said go for it. Then he walks around to the tonneau cover and tries to lift it open and asks if it's locked. I said it sure is! So now i'm pissed because I feel as if I am being harassed because I admitted to having a drink earlier in the day and this cop is a rookie and I can totally tell because the other cop is helping him through the situation. So I call my dad and tell hm whats going on and he decides to come down the street and see what the deal is. Well he asks what the hell is going on and the cops asks who he is and he says that he is my dad. The cop asks to see his ID and he says no you have no reason to see my ID Then the cop asks him to move his truck and he says no I am legally parked and he has his hazards on and his lights which he uses for construction. Well the cop then tells him to turn around and then places him under arrest and puts him in the back of the cop car. I felt so bad because my g/f is now crying her eyes out. So then I called my mom to tell her my dad just got arrested and the cop comes over and starts yelling at me to get off the phone and then grabs the phone from me. Well then he places me under arrest and I asked why I was being placed under arrest and he says nothing and puts me in the car with my dad. The cops never read either of us our rights before placing us under arrest and putting us in the car. So now my mom shows up and she just sits there and one of the cops goes and talks to her for a while. Well my dad in the mean time had really bad back problems and asks to be let out of the car so he can stand up, so they actually let him out and they talk t him for a bit and uncuff him. Then they take me out of the car and uncuff me and do a complete sobriety check on me which must have come out ok and I blew a .014 and the legal limit is .08. So in the end I get a ticket for excessive speed and modified exhaust and my dad gets a ticket for inerrupting a police investigation, illegal parking and illegal use of emergency lights. After all is said and done we went home had dinner then I went to check the speed limit because I got written up for an estimated 60mph in a 25, but the cops were even unsure of the speed limit because one it's not posted and two there are no sidewalks and very few houses facing the street. I also believe that the cop needs to be pacing you for a certain period of time to make the assumption that yes you were infact speeding. The cop told my dad that he came off of one of the side streets, with this being true there is no way he could have gotten up to 50mph like he said to beable to "pace" me long enough to tell that I was pulling away from him. They actually got under the truck to see that it had modified exhaust which isn't illegal because it's only a catback system and thats not an issue IMO because I have someone who can sign that off at work. I am just pissed because I feel as if this rookie cop had nothing better to do and he had to be walked through the entire process and nothing they did seemed right. Quote Link to comment Share on other sites More sharing options...
Stitches040 Posted November 20, 2006 Report Share Posted November 20, 2006 The cops never read either of us our rights before placing us under arrest and putting us in the car. Wow ... Sounds like you had a fun afternoon .... The biggest misconception with Miranda Rights/Warnings, is that everyone believes that they need to have been read their rights, in order for an arrest to take place. Not true. Two seperate, but equally important things must happen, before Miranda comes into to play. #1 - Custody (Physically detain you, or when the average person feels that they are no longer free to leave) #2 - Accusatory/Interogation Questioning So, If an officer witness the crime in person, He DOES NOT have to Mirandize you... ie: Disorderly, Oper. w/o Lic. etc ... Threshold Inquiry questions are ok, until you get to the point where it is no longer an Inquiry, but has now turned into a Custodial Interogation .... As for the Rest .... PM me ... BTW ... it is Miranda vs. Arizona (State) 1967 or 68.... good case to read. Quote Link to comment Share on other sites More sharing options...
nixsupersport Posted November 20, 2006 Report Share Posted November 20, 2006 amen, from one cop to another well put brother Quote Link to comment Share on other sites More sharing options...
drako Posted November 20, 2006 Report Share Posted November 20, 2006 The cops never read either of us our rights before placing us under arrest and putting us in the car. <{POST_SNAPBACK}> Wow ... Sounds like you had a fun afternoon .... The biggest misconception with Miranda Rights/Warnings, is that everyone believes that they need to have been read their rights, in order for an arrest to take place. Not true. Two seperate, but equally important things must happen, before Miranda comes into to play. #1 - Custody (Physically detain you, or when the average person feels that they are no longer free to leave) #2 - Accusatory/Interogation Questioning So, If an officer witness the crime in person, He DOES NOT have to Mirandize you... ie: Disorderly, Oper. w/o Lic. etc ... Threshold Inquiry questions are ok, until you get to the point where it is no longer an Inquiry, but has now turned into a Custodial Interogation .... As for the Rest .... PM me ... BTW ... it is Miranda vs. Arizona (State) 1967 or 68.... good case to read. <{POST_SNAPBACK}> That is a good case. Im leaving to school now Jon but I'll read it over and give a few of my own rookie opinons. But our fellow boy in blue will probably give you everything you need. Talk to you later buddy Quote Link to comment Share on other sites More sharing options...
Posi12Bolt Posted November 20, 2006 Report Share Posted November 20, 2006 (edited) I got written up for an estimated 60mph in a 25...SHOULD I FIGHT IT!! Dub 26 eh? sorry Jon, trying to elighten the situation some.... that blows man!! I'm sure it'll all get thrown out in the end... sounds like your pops spooked em and they locked up everyone too calm the situation... ~Brian Edited November 20, 2006 by Posi12Bolt (see edit history) Quote Link to comment Share on other sites More sharing options...
SSThunder Posted November 20, 2006 Report Share Posted November 20, 2006 sorry about your luck. Does sound like a rookie. I've been pulled over for the same deal and I had a few drinks(2 or 3 in 5 hours) just like you, but was under the limit so cop let me go and just told me to slow down. When dealing with rookied best thing to do is be nice and polite. Hope you get it worked out. Quote Link to comment Share on other sites More sharing options...
zippy Posted November 20, 2006 Report Share Posted November 20, 2006 Somehow the seen from Meet the Fockers comes to mind. I'd say you certainly have a case for getting stuff thrown out... Quote Link to comment Share on other sites More sharing options...
Kyle's03SilveradoSS Posted November 20, 2006 Report Share Posted November 20, 2006 The cop has to pace you for a certain length of time? Did he say he didn't get your speed from his dash radar or handheld radar? Cause the dash radar will clock your speed whether he's moving or not. Quote Link to comment Share on other sites More sharing options...
misterp Posted November 20, 2006 Report Share Posted November 20, 2006 Man you drew the short straw on that one. Sounds like what happened is that the rookie was basically amped (adrenaline rush) from the beginning, and when he started to see everything spiral out of control he began to panic. Sounds like he cuffed everybody to regain physical control of the situation more than anything. The bad news is that this turned into such a debacle that the cops who stopped you will remember you very well when the court appearance comes, and this is just my opinion but I think your dad is in a lot more trouble (potentially) than you are; if I were me in his shoes I'd consult with an attorney, and if he's going to do that you might as well have the same attorney represent the both of you in your separate cases. Mr. P. Quote Link to comment Share on other sites More sharing options...
perk03z06 Posted November 20, 2006 Report Share Posted November 20, 2006 It's too bad you didn't ask the cop if you were being harassed, out loud, where say, the in-dash camera would have recorded it. That usually works well here in Charlotte, as we have many 'green beans' that are out looking to make a name for themselves & end up harassing people for no reason. Sorry, dude. Quote Link to comment Share on other sites More sharing options...
BigTsBadSS Posted November 20, 2006 Report Share Posted November 20, 2006 What a JERKOFF Thats why I am not a big fan of cops. I am not saying all cops are pricks but most of them seem to break balls for no reason. Quote Link to comment Share on other sites More sharing options...
elitesurfer50 Posted November 20, 2006 Report Share Posted November 20, 2006 (edited) cant beat em join em.... hes just jelious thts u have a nice truck... Edited November 20, 2006 by elitesurfer50 (see edit history) Quote Link to comment Share on other sites More sharing options...
05VHO Posted November 20, 2006 Report Share Posted November 20, 2006 man that sucks. Did the cop say meow at anytime? Maybe you guys are on the next super troopers and just don't know it. I hope everything works out for you. Quote Link to comment Share on other sites More sharing options...
26dub_SS Posted November 20, 2006 Report Share Posted November 20, 2006 I got written up for an estimated 60mph in a 25...SHOULD I FIGHT IT!! Dub 26 eh? sorry Jon, trying to elighten the situation some.... that blows man!! I'm sure it'll all get thrown out in the end... sounds like your pops spooked em and they locked up everyone too calm the situation... ~Brian <{POST_SNAPBACK}> dont fight it...just pay the fines...i learned my lesson dammit.. Quote Link to comment Share on other sites More sharing options...
PladdPezzPunk Posted November 20, 2006 Report Share Posted November 20, 2006 I got written up for an estimated 60mph in a 25...SHOULD I FIGHT IT!! Dub 26 eh? sorry Jon, trying to elighten the situation some.... that blows man!! I'm sure it'll all get thrown out in the end... sounds like your pops spooked em and they locked up everyone too calm the situation... ~Brian <{POST_SNAPBACK}> dont fight it...just pay the fines...i learned my lesson dammit.. <{POST_SNAPBACK}> glad to see you grew up man. jon, that sounds like a bunch of bs you went through. I would go to court and ask to not pay fines or have anything on your record for it due to the cops behavior. instead request to make a "donation" for the ammout of the ticket for court costs. thats of course if you were really speeding. thats what i would do anyways. good luck man. Quote Link to comment Share on other sites More sharing options...
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