NT need some legal help Vol: Resisting arrest

[cj863]

NT need some legal help. So last night I was stopped at my bestfriend's house for
a routine traffic violation. Officer came up to the car and asked me if I knew why he was stopping me I said I have no idea to be honest. Informed me that I made a moving stop at a stop sign, asks for I.D. and registration. I look for my wallet and realize I left it at home, I tell the officer I left my wallet at home but I have my registration. He asks for registration, then asks if I have anything dangerous in the car, I ask what would make you think that sir and reply no. He then tells me to get out the car, I get out and step behind the car to talk to him. He's extremely aggressive and says I'm pulling you over for a traffic stop but you're going to jail tonight, I ask for what he give no answer so I ask him to get his supervisor because I've done nothing to be arrested for. He says shut your pie hole, shut your mouth. At this point my bestfriend and her Mom are asking the officer why I'm being arrested and he tells both of them to shut up and get their *** in the house. While another officer was talking to them the original officer tells me to put my hands on the car, I do as instructed and ask again why I'm being arrested. He says obstruction and resisting arrest, I reply I never resisted and I'm being wrongfully arrested and again I need to see his supervisor.

Also my bestfriend has video with most of the incident on it.

Cliffs:

Pulled over at bestfriend's home for traffic violation.
I obey all of cops orders
Cop is extremely overzealous the entire time
When Bestfriend's parent asks what I've done to be arrested, escalates and
cop says i'm going to jail tonight.
Asked for cops supervisor numerous times, he said no.
I ask what have I done to be arrested, cop doesn't say anything
Then cuffs me and tells me i'm being arrested for obstruction and resisting arrest.
I ask how i'm being charged with resisting because at no point did I offer any resistance verbal or physical.

I wasn't read my miranda rights until he took me to the station and denied being able to contact
anyone including an attorney. I legitimately did nothing that I was charged for and the officer was extremely angry and aggressive for absolutely no reason, do I have a case NT?

 

[adrian1221]

I wasn't read my miranda rights until he took me to the station and denied being able to contact
anyone including an attorney. I legitimately did nothing that I was charged for and the officer was extremely angry and aggressive for absolutely no reason, do I have a case NT?

!!!


wouldnt that throw the whole case out?

 

[frostythepoptart]

you want to know the cool thing about cops?

your case might get thrown out but he has no repurcussions for what he did and he'lll do it again to the next person.

**** COPS.

 

[championboyz7]

Sue homie. You have a shot of raising hell n getting bread. Saying that the event was "traumatizing"....... Jk unless he hit you I don't see you getting anything. But the case will get thrown out you're good.
******** he violated your civil/constitutional rights. You might have something.. I'm no lawyer though .

 

[aceofjays]

I would've just said no to the anything dangerous in the car question, you were already in the red for driving without a license. But if you weren't read your rights until after you were arrested and your friend has video of you not even resisting, you should have a case.

 

[cj863]

I'm not even looking for bread honestly I just want to know if I have a case to get the charges that I absolutely did not commit dropped. The way I was treated last night simply because he was a police officer was absolutely ridiculous. I also plan on filing a formal complaint against him, like dude said you're going to jail tonight the moment I stepped out my car for no reason.

 

[brennanizm]

One thing to always remember, and it's fairly simple: Get an attorney quickly, and not a public defender. You've done a good job at documenting your timeline, make sure you give as much detail as possible to your attorney. IMO you'll get this case thrown out with the quickness. Having witnesses, as you do, is a great plus. PIGS like this guy need to be put in their place.

 

[pig love]

See, this is what I talk about almost daily on this forum.

HOW WE ARE LOSING OUR RIGHTS!

I guess CJ must be making this up huh?


OP, you need to find a way to get this video out if it has any evidence to support your claim. Put it online and make sure it is seen. We don't even have the right to due process anymore, this may be your only chance. You could put the video on Planet Infowars and people will notice. Start making copies and do not turn it over to anyone unless it is a copy.

 

[bigty23]

Lawyer up, you really came to NT for legal advice?!?

 

[tomdiginson]

One thing to always remember, and it's fairly simple: Get an attorney quickly, and not a public defender. You've done a good job at documenting your timeline, make sure you give as much detail as possible to your attorney. IMO you'll get this case thrown out with the quickness. Having witnesses, as you do, is a great plus. PIGS like this guy need to be put in their place.

 

[ajz44unc]

Lawyer up is definitely right. The miranda rights issue will likely be what gets your case tossed.

Cops can do whatever they want with little to no repercussions. Sad things is, some guys still do it for the right reasons (i.e. to protect and serve) but the ones we hear about and see most of the time are the ones who do it for all the wrong reasons (i.e. power trips etc.)

My boy (who is a lawyer) told me that whenever I get pulled over to keep all of my answers simple and to the point (yes officer, no officer as often as possible).

My guess is, that when he asked you if you had anything "dangerous" in the car, he may have gotten all riled up because you accused him of forming an opinion based on his likely generalizations/stigmas (i.e. you have something dangerous because of some demographic factor such as your age, gender or race etc.). Asking for his supervisors information probably was not the best idea either because seriously they're never going to give you that information.

 

[cj863]

Thank everyone for the replies. I realize I should have just said no when he asked did I have anything dangerous in the car. Also when he took me to
the station I asked to speak to an attorney numerous times and each time he denied even when he was trying to question me. I plan on contacting my attorney
sometime today or tomorrow. Again I appreciate your replies NT.

 

[club-27]

screw it, go get paid.

officer like that need to be reprimanded because THEY WILL DO AGAIN SIMPLY BECAUSE THEY CAN GET AWAY WITH IT.

Make an example out of him, dont just be a victim to this and sweep it under the rug. too many do that and not enough gets changed.

 

[matt53]

Maybe contact the ACLU? Actually, I definitely would, especially since you have it on film.

 

[toppshotta]

Lawyer up is definitely right. The miranda rights issue will likely be what gets your case tossed.
Cops can do whatever they want with little to no repercussions. Sad things is, some guys still do it for the right reasons (i.e. to protect and serve) but the ones we hear about and see most of the time are the ones who do it for all the wrong reasons (i.e. power trips etc.)
My boy (who is a lawyer) told me that whenever I get pulled over to keep all of my answers simple and to the point (yes officer, no officer as often as possible).
My guess is, that when he asked you if you had anything "dangerous" in the car, he may have gotten all riled up because you accused him of forming an opinion based on his likely generalizations/stigmas (i.e. you have something dangerous because of some demographic factor such as your age, gender or race etc.). Asking for his supervisors information probably was not the best idea either because seriously they're never going to give you that information.

QFT.

If you didn't do anything wrong just fight it in court. Since it was R and O over a traffic stop and you didnt fight, the most you'd proly get hit with is a 90 day misdemeanor. That might be like a lil fine you have to pay depending on what state you live in.

But don't waste your time and money on a civil suit. You're not getting paid.

How long did he hold you?

 

[baltimoregutta]

and people wonder why pigs are hated.

Do you and get paid, homie. His daughter will end up being that stripper that strips to pay for tuition

 

[jtmatic]

I have two resisting arrests on my record. Both times, I wasn't even resisting arrest.

First time was in Santa Barbara, they stopped me 'cause I had a RooR bong out in the open (I was so high I didn't take the necessary precautions - the only thing I cared about was trying out sea water instead of regular water to see if it had any effect). I'm walking back to my friends crib when I see Crown Vic headlights so I put the RooR bong under a car and then three cops straight up JUMP on top of me. I'm not frail, so I was still standing. Then they were screaming telling me to get on the ground. When I try to sit down and cross my feet, two more of them try to tackle me to the dirt. After trying to tackle me like a bunch of idiots, I sit on the ground and then two of them push my torso and head to the dirt. I get mad 'cause I knew that I was basically forced to ruin my all white baja hoodie; I get SO pissed off that I thought about lifting dude off me that had a knee to my gut (dude must have been like 140 pounds), taking my bong and running away in the crowd (Ila Vista gets crowded on certain days). I come to my senses and let them handcuff me; at this point I'm like "why am I being arrested? I have a doctor's recommendation for medical marijuana." (I smoked so much during that time I thought I was invincible just 'cause I had a medical marijuana card). After I asked the question, one of them sticks a taser to my neck and threatened me that if I said another word he would tase the **** out of me. I stay quiet, walk into the cop car and go to jail for a night - didn't even get any food and worst of all they KEPT my hoodie, my joint that I had in my beanie AND my bong which I cherished. Tried to fight it in court, but the PD only offered me the option of a reduction of the fines from around $500 to $30. Didn't get any sort of community service so I was like whatever, took the L - then pissed on a cop car outside the court. If I didn't get high before hand, I'm sure I would have just asked one of my friends to lend me an empty jug for water to put the sea water in. But no, high as a kite, I leave out the crib out of the blue alone and start walking to the beach.

The second time I was at my University walking to my car after class. I see these two dudes holding hands and I'm so high (I know it's not an excuse but I was pretty ignorant and homophobic during those days) that I laugh hysterically and call them f******. They both get in my face trying to act all tough, and I'm still laughing my *** off. One of them pushes me, so I push back and tough ol' dude falls to the ground. Hear sirens immediately and at this point "I'm like damn, what are the ******* chances of THAT happening." There are two cop cars and two fat pigs try to tackle me, while the other male officer and female officer are standing there just looking. I hold my ground, then at this point the other male officer gets in the action and at this point they're all trying to push my head face first into the concrete. I do a Barry Sanders spin move like the time against the Bears and get them off me. Then I'm like "What the hell is your ******g problem? Trying to give me head trauma *****?" Then one of the idiots pulls a gun on me, then I sit on the curb with my feet crossed. They handcuff me, then search me - while the female officer talks to the two guys. They confiscate my wooden pipe and throw me in a cell for about 2-3 days (don't remember, it happened like 3 years ago). Go to court, get a slap on the wrist, no community service and even get my wooden pipe back before I was released. Had to walk like 10 miles in the rain though from the courthouse back to my car 'cause they took the money that was in my wallet and my phone was dead (went to a couple of places trying to call a friend or a taxi but none of them let me use their phones).

I was never read my Miranda rights both times, I told the cops both times but they came up with the crazy excuse that most of the time they don't even read it before an arrest. Should have never listened and brought it up in court - I might still have that expensive blue RooR bong now.

They could have seriously hurt me acting like that when I was just standing there; what was I supposed to do? Just get tackled to the concrete and possibly get hospitalized? Both times I was just standing there, high as a kite knowing that most of the time they want you to sit on the curb with your feet crossed. ************* straight up rushed me both times like a defensive end on 3rd and long.

 

[night marcher01]

Your first mistake was getting out of the car! Haha YOU ROOKIE.

Take your L and just go back to jail.

 

[dathbgboy]

You'll be good OP, sounds like the officer was clearly in the wrong. He was supposed to read you your rights before taking you into custody and you are entitled to representation and a phone call.

 

[tr1ll]

How does one get just a resisting charge alone?

Would you have to be arrested in the first place to resist? They shouldn't even be able to bring anyone in on just a resisting charge.

On the cool though, this is why you dont say anything extra to the police. Don't even give them a chance to jump stupid. You don't have to do it in a punk way either, just look them striaght in the face and give them one word answers.