• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Illegal Arrest

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rfbdave

Member
What is the name of your state? massachusetts

Is it legal for the police to come to my home accuse me of driving by them and not stoping (failure to obey police officer) and arrest me while i have 3 other people living in the house saying i was here the whole night?
 


Zephyr

Senior Member
rfbdave said:
What is the name of your state? massachusetts

Is it legal for the police to come to my home accuse me of driving by them and not stoping (failure to obey police officer) and arrest me while i have 3 other people living in the house saying i was here the whole night?

it's seems odd that they would single someone out and just totally make that up, was someone else using your car on the night in question?
 

justalayman

Senior Member
You are telling us that the only charge involved is failure to respond/obey an officer?

regardless, yes it is.
 

rfbdave

Member
?

Yes it is legal for them to arrest me? and the story is complicated they stoped 2 of my friends in my other car to ask where i was, they said at my house, i asked them at the time if they got a license plate they said no.
 

Zephyr

Senior Member
rfbdave said:
Yes it is legal for them to arrest me? and the story is complicated they stoped 2 of my friends in my other car to ask where i was, they said at my house, i asked them at the time if they got a license plate they said no.

ok, for anyone to even have a clue as to how to advise you, you need to provide all the facts, go from beginning to end.
 

justalayman

Senior Member
Yes it is still legal for them to arrest you.



and to Zephyr: you do realize this is the beginning of a long story don't you?
 

rfbdave

Member
Ok here it is pardon the language

That night (Dec 31) around 7-8pm we had a variety of food we cooked on the grill we have outside, which I have receipts for from stop and shop. At around 10 pm (Dec 31) I was still at my home with Igor, Magda, and Irina my friends that also work for my father and also live in our house. Magda and Irina decided to go out to the bar for new years, and me and Igor decided just to stay home, so they left. Igor was downstairs on the phone with his parents while I was upstairs having some drinks. I was sitting here in front of my computer for awhile with the TV on and having some Heineken beers downloading music to burn onto a CD to listen to. After awhile (30 minutes or so) Igor was off the phone and I joined him downstairs on my other computer in our room. We were talking to friends of ours in other countries, such as Bulgaria, where new years had already come and gone, looking up computer stuff on the internet. We went back up stairs to watched TV, 1 was drinking and we were watching the ball drop. After taking shots on new years finishing off a beer or 2 I wanted to listen to some music and I suggested we go to play it in my car because it has surround sound system. It was most likely around 12:15 at this point and we listened to a few songs with the car on and then went back inside. We then went back down stairs to be on the computer. We heard Knocking on the door upstairs and I said to Igor ill get it, I went upstairs and around to the front door to see a police officer. I opened it and to me surprised I Instantly starting getting screamed at that I should be under arrest for what I had done. At this point I was pretty well drunk and I said Oh really, and for what? He said something like for pulling that **** out there. I continued to run my mouth which I shouldn’t have but again I was legally intoxicated and I didn’t plan on having this to deal with on my new years. He eventually walked away and I closed the door, I then heard my 2 friends Magda and Irina come in the back door and I was like, what the **** is going on. They said that the police stopped them and asked why they wouldn’t stop for a police officer, and they said umm we did, and then they asked where David is, they said “At home I’m guessing”. I then saw 2 officers at the door and opened it, and Brian said ok Dave I’m placing you under arrest. He started to put the handcuffs on me and I said “This is bull****”, I was here with Igor down stairs, I then heard from the other officer Jacob, “well your friends in the car said you were in front of them”. Magda and Irina instantly started yelling at the officer that this was a lie and that they told him I was home. I then said again, I was with Igor down stairs. They asked to have him come outside with us, Irina went and called for him, he came upstairs and outside and I said Igor wasn’t I with you here for new years. He replied “Yes! He was here with me”. I noticed Brian then walked away, and I started talking to Jacob saying wait, didn’t I go to high school with you? He said yes, I was like well dude come on, what is this bull****, did you get a license plate number? He replied “Umm a partial one” I then said Ok then, did you see me in this car??? “No, we know that’s your car and they told me you were driving in front of them. Magda and Irina continued to tell the officer she didn’t say anything about me driving in front of her, and that he was a lying. Brian came back to the front of the house and said the cars hot you’re under arrest. He placed me in the police car in the back.
 

justalayman

Senior Member
If the police officers have reason to believe you committed some unmentioned crime, they have the right to arrest you. By the way, you never mentioned the crime you are charged with. If your two friends are lying to the officers, they may be charged with a crime as well.

Based upon the situation and your side of the incomplete story, they took appropriate action. If all falls through, you always have the old false arrest thing to fall back on.

From your posted, and I might add incomplete, story, the police feel they were justified and only the ensuing legal battle will determine if they were right.
 

rfbdave

Member
they said i passed by them when they were yelling for me to pull over and i didnt stop. Thats why they pulled over my friends because they said i was in front of them, who by the way were driving my OTHER car that i own, i have 2 cars 93 firebird, and 2002 trans am, both look similar. (failure to obey police officer)
 

justalayman

Senior Member
There is a myriad of questions that come to mind here but most of them wouldn't change anything. I also find it hard to believe they went to all this trouble for a "failure to obey a police officer" charge.

Bottom line is if they felt they were justified and the judge involved backs them up, you will have a very difficult time proving otherwise.

As I said before, the ensuing legal process will determine the appropriate outcome.
 

Zephyr

Senior Member
justalayman said:
There is a myriad of questions that come to mind here but most of them wouldn't change anything. I also find it hard to believe they went to all this trouble for a "failure to obey a police officer" charge.

Bottom line is if they felt they were justified and the judge involved backs them up, you will have a very difficult time proving otherwise.

As I said before, the ensuing legal process will determine the appropriate outcome.
hiring a lawyer would be really helpful in this type of situation
 

Zephyr

Senior Member
justalayman said:
Yes it is still legal for them to arrest you.



and to Zephyr: you do realize this is the beginning of a long story don't you?

yeah- sorry but it really did not make sense before :)
 

rfbdave

Member
well it is what they came here for i have the ticket and i can even scan it for you, im dead serious about the charge. But doesnt it make a difference since i was home? dont they need a warent to come arrest me at my house for such a stupid charge?
 

justalayman

Senior Member
Zephyr said:
yeah- sorry but it really did not make sense before :)
Hey Zephyr: I see GB dumped their head cheese. Does this mean they are gonna do better next year. This year's record couldn't go much worse. I have a friend who is a cheesehead that is getting pretty depressed. I'm afraid one of these days he's gonna go to a game and not come back home. Maybe they will bury him under the 50 :D
 

rfbdave

Member
??

well it is what they came here for i have the ticket and i can even scan it for you, im dead serious about the charge. But doesnt it make a difference since i was home? dont they need a warent to come arrest me at my house for such a stupid charge?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top