Arrest without probable cause

[Kika]

What is the name of your state (only U.S. law)? Hawaii

After going to the club, last christmas weekend, my friends and i headed to McDonalds. While we were there, a bunch of us, and others who had just come from the clubs, were hanging out in the parking lot. The cops showed up and told everybody to go home, we weren't allowed to hang out in the lot. So my friends and i decided to just go inside and order, then go home. On our way inside, my friend cheered very loudly...and we just laughed it off and walked in. About 10 minutes later, the cops walk in and ask which girl yelled out. Another of our friends said, "oh that girl left long time ago". The officer got upset and asked him if he was looking for trouble. My friend that made the noise stood up and said, "it was me". So they escorted her to the police vehicle. I was in the restroom at the time, and my other friend came in and told me what had happened. I then rushed out, and walked directly towards the police unit she was sitting in, and asked her calmly, "What happened? What's going on?". The officer is yelling at me to get away from the car, and so i turned to her and asked "whats going on, what did she do?", and she continues to yell at me to just get away from the car. So i turned to walk away, and right when i had my back to the cop, i saw my cousins getting handcuffed. I said, "what the hell is going on here, those are my cousins, what did they do?". Right then, the officer standing by the car said, "Take her in" and I got arrested. I started walking towards the car, and an officer behind me, was shoving me forward 3 times, before i finally turned around and said, "are you freakin serious". They threw me over the hood of the unit, grabbed me by my hair and pinned my face to the hood of the car, while another officer was cuffing me. I kept asking what we did wrong, and all the officers kept telling me to shut my mouth. They opened the back door, i got in, and another officer pushed me over, then shut the door, and told me to shut my mouth. We go to the sub-station, and they take our information down. All the while im demanding a phone call, asking them why they didn't read us our rights, and how upset i was at the way they handled the situation. They made me feel like a hardcore criminal. In the end, they locked me and my friend up, and let my cousins go.

*I had 2 bottles of Coors Light.

I feel like i have a strong case, but my public defender is saying i should just plead guilty to the Public Peace Disturbance charge, because even if we do go to court, i'll be found guilty.

What are my chances? Do i have a strong case? or is my Public Defender right?

 

[outhouse]

[[[The officer is yelling at me to get away from the car]]] you should have listened to the officer.

you disobeyed a direct order from a officer during a arrest, after being warned you should all go home.

im not sticking up for them but you piss a cop off the law bends sharply in there favor.

your chances are bad
you have no case or legal valid point, only guilt

you were out drinking, you were warned. you did not head the warning as a matter of fact you laughed it off. then you decide to [[cheered]] after a warning. then your friends lie to the officer about said cheering person. then to top it all off a officer tells you to get away from a car with a arrested suspect and you start saying [[what the hell is going on here]]

your guilty the public defender is right

 

[racer72]

asking them why they didn't read us our rights,

You watch too much TV. Miranda rights are only required if you are questioned after you are arrested. If you were not questioned, there was no reason for Miranda.

 

[outonbail]

In the future, should you ever find yourself in a similar situation again, I have a suggestion which will almost certainly keep you from being yelled at, shoved, thrown over a hood, having your hair pulled, face pinned, handcuffs applied, being arrested and of course, going to jail.

Yes it's true, you follow this single piece of advice and you will easily avoid all of the above mentioned unpleasantries.

Now I get the impression this will not come easy, but if you put your mind to it and really try, you might pull it off.

Specifically, "Close Your Pie Hole!", stop "Bumping Your Gums", "Bite Your Tongue" and most importantly, "Shut Your Mouth!".

To help prepare yourself for accomplishing this unnatural conduct, you can practice breathing through your nose. Seriously, it can be done and you will be amazed by the results.

Good Luck!

 

[CdwJava]

After going to the club, last christmas weekend, my friends and i headed to McDonalds.

Translated: After having a few drinks, we went to go get a bite to eat.

While we were there, a bunch of us, and others who had just come from the clubs, were hanging out in the parking lot.

Translated: A number of slightly and not so slightly inebriated individuals had gathered in the parking lot.

My friend that made the noise stood up and said, "it was me". So they escorted her to the police vehicle. I was in the restroom at the time, and my other friend came in and told me what had happened.

In other words, you were not a witness to the actual event.

I then rushed out, and walked directly towards the police unit she was sitting in, and asked her calmly, "What happened? What's going on?". The officer is yelling at me to get away from the car, and so i turned to her and asked "whats going on, what did she do?", and she continues to yell at me to just get away from the car. So i turned to walk away, and right when i had my back to the cop, i saw my cousins getting handcuffed. I said, "what the hell is going on here, those are my cousins, what did they do?". Right then, the officer standing by the car said, "Take her in" and I got arrested.

It's likely they had a number of inebriated people lipping off or causing problems ... the cops tend not to have a lot of patience dealing with lippy people, particularly inebriated people.

If you feel the officers were out of line, you have a couple of options: You can make a complaint with the agency, and/or you can consult an attorney about making a claim against the agency and possibly suing them for something.

All the while im demanding a phone call, asking them why they didn't read us our rights, and how upset i was at the way they handled the situation.

Probably 90% of arrests never require Miranda warnings. These are generally only required when both custody and interrogation exists. Asking you booking questions is not interrogation and thus Miranda rights are not generally required.

They made me feel like a hardcore criminal. In the end, they locked me and my friend up, and let my cousins go.

Perhaps your cousins were more cooperative. Attitude can go a long way in cases like that.

*I had 2 bottles of Coors Light.

Apparently that was enough to give the officers the impression you were a problem.

I feel like i have a strong case, but my public defender is saying i should just plead guilty to the Public Peace Disturbance charge, because even if we do go to court, i'll be found guilty.

It's up to you what you do. if you want to fight it, by all means take it to trial.

What are my chances? Do i have a strong case? or is my Public Defender right?

Without reviewing the officers' reports and any other evidence they might have, no one can guess as to the strength of the state's case. It could be complete trash, or it could be rock solid ... no one can know.

If you believe you are not guilty of any crime, then by all means, fight it.

Oh ... uh ... what crime have you been charged with? (Code section(s), please.)

- Carl