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Dad and I got arrested


Jonmalibuss

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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.

I asked if they clocked me and they stated that they didn't but that they paced me which is B.S. because there is no way they could have turned off of one of the side streets as they say and gotten up to 50mph before the corner. They would have rearended me getting to 50.

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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.

We are getting an attorney and we do plan to use the same one for both tickets/cases since it's all part of the same issue. Yes my dad does realize he is in more trouble than I am but the reason for the attorney is because he was not illegaly parked.

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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.

They clearly stated we were going to jail and never read us our rights.

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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.  :banghead:

When I was put into the car with my dad I said this is bull sh!t harassment but I really don't think they had a dash camera or audio because I would think they would have stated that they got me on it speeding but maybe not :dunno:

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90% of cops are just as or more crooked than the people they arrest for minor felonies and misdemeanors. I highly doubt any would be murders, but I know way to many cops who smoke dope, do cocaine, buy hookers etc. Hypocritical bullsh!t. Our justice system needs a serious re-vamping, especially where a multiple rapist can get off on a technicality of the law, but someone who is totally innocent can be railroaded into a trial and screwed because "someone knew someone" type of deal.

 

Yes I speak from experience. There was a girl who worked me at a previous job who wanted me to leave my fiance and date her. When I turned her down she became insubordinate at work and my direct supervisor told me I had to fire her. When I had my boss terminate her (yes, I brought the whole situation to my company's attention) accused me of sexual assault and specifically told me that she baby sat for a judge in the district she filed the compaint in. She told me I was going to jail for a very long time for criminal sexual conduct. The first cop who took the report blew it off and let it lay for months. Her uncle was also a county sherrif and he called a "friend" and miraculously months later there is a warrant for my arrest. I went out and bought the best attorney money could buy...spent thousands...seriously. I even played their stupid games and took a polygraph and passed with flying colors and they still went to trial with it. I was fortunate enough to prove that her uncle pulled strings ont he investigation and had enough character witnesses for me and against her that it was not guilty. The b!tch even tried to get me held without bail citing she was afraid for her life if I was out. I also lost my job because of all of this BS. Fu#$ cops and their dirty hypocritcal games they play. Most of them were kids who got picked on in high school and they are out to prove something. Most dont give a rats a$$ about helping people or public safety, to most its just a pay check.

 

I apologize to members on this forum who may be police officers, but you shouldnt take offense if you can honestly say you were never a jerk to anyone without severe just cause or never harassed anyone for your own amusement, there are no excuses for it.

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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.

 

:withstupid:

 

I got arrested and maced by a rookie cop earlier this year too. He felt threatened because I was bigger than him and he maced me. -_- Rookie cops are in fact deuche bags.

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Damn I was kinda thinking of the time me and a bunch of friends were following each other up (4 cars in total) to the mountains and one guy got pulled over for having a light out. So i went downthe road flipped bitch and pulled up behind the cop, which as soon as I stopped and put the brake on, thought that may have not been too smart. Another cop immediately showed up and told me to leave. So we waited down the road. My friend didnt get a ticket so as we're sitting smoking a cig the two cops show up and talk to us and just explain hey that was kinda dumb to pull up behind me like that. So we thanked them and everyone went their merry way. Anyway. I thought it was the perfect example of what a cop should be in my mind. :thumbs:

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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.

They clearly stated we were going to jail and never read us our rights.

 

They don't have to read you your rights unless they are going to interrogate you, basically.

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90% of cops are just as or more crooked than the people they arrest for minor felonies and misdemeanors.  I highly doubt any would be murders, but I know way to many cops who smoke dope, do cocaine, buy hookers etc.  Hypocritical bullsh!t.  Our justice system needs a serious re-vamping, especially where a multiple rapist can get off on a technicality of the law, but someone who is totally innocent can be  railroaded into a trial and screwed because "someone knew someone" type of deal. 

 

Yes I speak from experience.  There was a girl who worked me at a previous job who wanted me to leave my fiance and date her.  When I turned her down she became insubordinate at work and my direct supervisor told me I had to fire her.  When I had my boss terminate her (yes, I brought the whole situation to my company's attention) accused me of sexual assault and specifically told me that she baby sat for a judge in the district she filed the compaint in.  She told me I was going to jail for a very long time for criminal sexual conduct.  The first cop who took the report blew it off and let it lay for months.  Her uncle was also a county sherrif and he called a "friend" and miraculously months later there is a warrant for my arrest.  I went out and bought the best attorney money could buy...spent thousands...seriously.  I even played their stupid games and took a polygraph and passed with flying colors and they still went to trial with it.  I was fortunate enough to prove that her uncle pulled strings ont he investigation and had enough character witnesses for me and against her that it was not guilty.  The b!tch even tried to get me held without bail citing she was afraid for her life if I was out.  I also lost my job because of all of this BS.  Fu#$ cops and their dirty hypocritcal games they play.  Most of them were kids who got picked on in high school and they are out to prove something.  Most dont give a rats a$$ about helping people or public safety, to most its just a pay check. 

 

I apologize to members on this forum who may be police officers, but you shouldnt take offense if you can honestly say you were never a jerk to anyone without severe just cause or never harassed anyone for your own amusement, there are no excuses for it.

 

You should probably state that 90% of the cops you've ever known. Which, 100% of the cops you know isn't even 1% of the police officers on duty at any given time in the U.S.. So, I think your first statement is pretty far off from the truth. Oh, and for future reference, stating you know something is true because your experience tells you it is is the worst type of evidence you could ever use to prove a point. Besides that, Cops are humans too. They get pissed off, scared, and it pisses them off when they feel like they're being jerked around.

 

She probably threw the Sheriff who got the ball rolling on that investigation some BS story that he believed because she's a relative. Would you pull strings for a family member if they told you something and you had no reason to disbelieve them? Probably, just about anyone would.

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well i showed this forum to my local police officer in my school. he said technially you wernt arrested. you were just detainded for the safety of the situation. he told me that he doesnt have to read the rights unless he is arresting you and bringing you to the station. he told me in many of these cases its just to calm everyone down.(though it would piss me off more) also he said about the alcohol that thats is bs. hes been a cop for a while and by the way you described it one or 2 drink 5 hours later wouldnt give off enough aroma to be suspicious. also he said that your dad should fight it about the parking issue. he said there no law stating that when your parked you cant use your hazards. but all i can tell you is that must have sucked.... if i were in that situation my dad would have come down also and we also would have been arrested. i like cops around here because i know alot of them i put police light on emergency vehicles, but there are so many pricks out ther just wanting to bust balls!!

Edited by 04silveradoclone07ss (see edit history)
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I would not pull strings when its someones life...period. You dont cross the line or you are no better than the person you are accusing. And I have alot of friends that are cops. They sit around laughing about how they made this kid do this, or they had good laugh with this guy because they felt like it. I probably have known well over 1,000 officers through my years and about 10% of them talked the talk and walked the walk.

 

If you are going to be a cop, you must be willing to accept that you DO NOT HAVE THE RIGHT to use your authority to your own personal benefit, amusement, or have a "bad day"...or to pull strings. You have bad day, jerk someone around and stick it to them, you might just push someone over the breaking point in their life, and set off a chain of event stha tmight ruin their lives, all because oyu had a bad day and took it out on someone else. Confu#$inggratulations, hope you feel better destroying other peopls lives for fun. I'm not saying if you pull someone over for driving 20+ over, that you shouldnt give them a ticket, but to pull them out of their car and search everything trying to get more dirt when you know more than likely that there is nothing to begin with. This is not my only experience with cops. I wonder how many people have sat in jail because of situations just like mine or like johnmalibuss when they are compeltely or for the most part no threat to society. I know she probably lied to him, but he is just as bad as she is for pulling strings. Justice would have taken its course properly the first time if he abided by the law. You can't defend or excuse his actions.

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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.

 

 

:withstupid:

when i got arested :banghead: i was not read my rights eather. even when i was booked, all i was told was what the charges were :eek::crazy: and there will be a arainment on monday, this was a fri. afternoon :mad:

 

:seeya:

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