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illegal arrest procedure

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LostInAmerica

Junior Member
What is the name of your state? Wisconsin

Hello, I am a 27 year old white male. I like to keep myself out of trouble, and for the most part respect law officers. Two of my best friends and I were at a local bar drinking, and probably too much at that. There was girls dancing on the bar, and somehow my beer ended up in my lap. I was upset, and told the bar manager what happened. he made a sarchastic comment and walked away not knowing i wanted a towel to clean myself up. After this happened I got more upset, and i slammed my bottle on the bar. Another bar goer began yelling at me, and my friends and some other people got me out of there before things worsened. When I got outside, the things he said began to eat at me, and I went back to the bar. I was told to leave, and I did. Ten minutes later, I was at my friends house. Two police cars showed up outside and they knocked on the door. One of my friends went outside and closed the door behind him. All of a sudden, i heard scuffling, and my friend yelling for the police officer to leave him alone. As I started walking toward the door, with my other friend in front of me, the door swung open, and an officer forced his way into the house, pushing my second friend up against another door, and falling to the floor. The officer came after me, put me up against the wall. He told me I was under arrest. I asked him what the charge was, and he did not answer me. I then asked to see his supervisor, and they ignored my request. I asked the officers if i was going to be read my rights, and the officer stated "you have no rights". I was detained at the police station for three hours without medical attention that I asked for. I requested to be transfered in a squad car, rather than a van with no restraint system. The van ride resulted in me hitting my head, which was bleeding, and a gash on my arm. pictures were taken later when i got out.

I was not asked to issue a statement, the officers later told me that I was under arrest for criminal damage to property. A window at the bar was broken out, and I match the discription. While I was in the back of the police van, a squad car pulled up, and the officers told me to come out so I could be identified. I refused, because a proper lineup consists of more than one person. The officers threatened me that I would be charged with resisting arrest if I did not comply. I received three citations, criminal damage to property, resisting an officer, and disorderly conduct.

I am lost, an in need of some advice. Did the officers peform an illegal arrest? Was that considered excessive force? Am I entitled to medical attention beyond a CPR certified police officer? Have my friends and my rights been violated? What steps can we take to ensure that our complaints get taken care of?
 


CdwJava

Senior Member
LostInAmerica said:
Two of my best friends and I were at a local bar drinking, and probably too much at that. ... When I got outside, the things he said began to eat at me, and I went back to the bar.
Alcohol and attitude ... a bad combination.


I then asked to see his supervisor, and they ignored my request.
That's not something he has to accomodate right then and there.


I asked the officers if i was going to be read my rights,
Unless you were being questioned after your arrest, they had no need to read you your rights.


I was detained at the police station for three hours without medical attention that I asked for.
Good thing you didn't suffer greater injury or you might be able to sue them. Failing to get a band-aid is not sufficient to justify a lawsuit.


I requested to be transfered in a squad car, rather than a van with no restraint system.
Probably not an option. People under arrest don't usually get what they want.


I was not asked to issue a statement, the officers later told me that I was under arrest for criminal damage to property.
Thus Miranda was never required.


A window at the bar was broken out, and I match the discription. While I was in the back of the police van, a squad car pulled up, and the officers told me to come out so I could be identified. I refused, because a proper lineup consists of more than one person.
And you got your law degree ... where?

Oh, and you're wrong, by the way. An in-field line-up (or, "show-up", or "field ID", etc.) is NOT a line-up.


The officers threatened me that I would be charged with resisting arrest if I did not comply. I received three citations, criminal damage to property, resisting an officer, and disorderly conduct.
Oops.

See? Alcohol causes a lot of problems.


I am lost, an in need of some advice. Did the officers peform an illegal arrest? Was that considered excessive force?
We can't say. Entering the house is very iffy, and if the facts are as you say, then I would think that the arrest is very shaky.

As for excessive force, that all depends on the amount of resistance you were offering. People who have had too much to drink tend to get mouthy and/or combative ... perhaps that was the case here.


Am I entitled to medical attention beyond a CPR certified police officer? Have my friends and my rights been violated? What steps can we take to ensure that our complaints get taken care of?
The officer is responsible for your well-being when in custody. had you suffered greater injury due to a lack of treatment, you may be able to sue him. As it was, it does not sound your injury was made any worse by remaining untreated for a time.

You can make a personnel complaint and contact an attorney to deal with the matter. I would recommend a criminal attorney to deal with the criminal charges first, however.

- Carl
 

LostInAmerica

Junior Member
Thank you for the advice Carl. Although the officers may have had the "right" to arrest me, the use of force was not nessesary. I was not hiding, and was on my way out the door. They did not ask my friend if I was there, they just grabbed him and almost threw him off of his porch over the railing. I will be contacting an attourney, and a complaint will be filed with the police department. And by the way, if i was not being brought in for questioning, does that make me automatically guilty? Seems to me like I was already tried, and punished.
 
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CdwJava

Senior Member
LostInAmerica said:
And by the way, if i was not being brought in for questioning, does that make me automatically guilty? Seems to me like I was already tried, and punished.
Guilt and innocence are legal determinations. If they were bringing you in it was because you were being arrested, I imagine.

- Carl
 

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