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JaneQPublik

Junior Member
AZ

I recently went to a bar with friends, when we left I was just buzzed enough I did not want to risk driving home. I got into the back seat of my car and fell asleep. I woke up to the police opening my car door and searching my car. I told them they did not have permission to do that and asked for my property back. (They had taken my keys). They said they called a cab and wanted me to leave my car. I said I did not want to leave my car but I finally agreed but asked them for their name and badge numbers. They said I could read it on my arrest record. They pulled me out of my car, handcuffed me and threw me in their car. They later returned and said that I was under a citizen’s arrest for criminal trespass.

I am not too happy about this obviously...my question is do I have any recourse against the police or the bar?
 
Last edited:


HomeGuru

Senior Member
JaneQPublik said:
AZ

I recently went to a bar with friends, when we left I was just buzzed enough I did not want to risk driving home. I got into the back seat of my car and fell asleep. I woke up to the police opening my car door and searching my car. I told them they did not have permission to do that and asked for my property back. (they had taken my keys). They said they called a cab and wanted me to leave my car. I said I did not want to leave my car but I finally agreed but asked them for their name and badge numbers. They said I could read it on my arrest record. They pulled me out of my car, handcuffed me and threw me in their car. They later returned and said that I was under a citizens arrent for criminal tresspass.

I am not too happy about this obviously...my question is do I have any recourse against the police or the bar?
**A: recourse for what? It is obvious that you were on private property without permission.
 

outonbail

Senior Member
Dependent on the actual charge, I would assume you are entitled to a jury trial. If it were me, I'd bring it to the box.

I know if I were on the jury I would not find someone guilty of a crime, when by committing such a petty crime, they made the wise judgment not to drive when they were drunk. With all the posts on this board of people who were arrested for DWI and who claim they have now learned their lesson and will never drink and drive again, it's not often I can applaud someone for not doing it in the first place.

I suppose you were technically trespassing, but I find it hard to believe that anyone would rather have you driving on the public highways while your intoxicated.

This has me question weather there is a little more to the story than you're providing. Were you a complete Bitch to the bar owner or officers?

Seeing how you claim it was a citizen's arrest, I assume it was the bar or property owner who pressed the charges. What is your relationship with them? Were you thrown out of the bar for unbecoming conduct?
 

peanut44

Member
""They said they called a cab and wanted me to leave my car"" You should have gotten the hell out of there right quick.
 

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