lost and need help, bad police

[Sercowv]

What is the name of your state? wv

pick up my girlfirend from a bar, around 3:40. Now when she is drunk she is loud, and hyper. Because she was yelling in my car and kicking stuff, i decided to pull the car over near/ in a nebiorhood. I proceed to try to get her out of my car and calm down. ( in this time someone called the police. time pass's and i get her calm and proceed to leave. Here comes 2 cop cars behind me with lights on so i pull over and turn car off> And like that there at my car door ( drivers door ) with there guns out ( do they not have steps to go thur before pulling a gun)and pulling me out of the car and slaming me on the gorund ( pavement ) . With in 5mins they take her home. ( didnt ask her anytrhing or a report.I asked the police what was going on and why iam handcuffed and where is my girlfirend. Didnt get a responce. The other officer that took my girl home came back. ( my girlfirends house was 5mins up the road, and my parents lived in the area i was at. They took the cuffs of me and just chilled. i was not drunk or anything, and procced to ask agian what was going on. they sat in there cars for about 30mins telling me to go home, with out my car. i said no, i want to know where my girlfriend is and why i was slamed down, and why my car is being towed. i never found out. aorund 8am i called and stated i wanted to report this to the poilce that it was to much force, and my car was towed for nuthing. I didnt get a warring, a ticket or a arrest. While makeing my statment with the police the officer taking the notes stated his boys said i had a busted lip when they pull me ( so iam the victim ) out of the car. ( so if that was a domistic call, why did i get slammed if i had the marks form my girlfriend, Shouldnt i be the Victim???, she had no marks on her, and the police stated that she didnt either. So why did i get slammed? or my car towed??) for my car getting towed the officer taking the report stated that his 2 officers said i was not drunk or smelt like alchy, but said i was on some type of drug??? so why didnt i get tested i ask? he said they didnt have the means to detect it maybe. I said why didnt they take me to the hospital??no response i need help, been 2 weeks since i made the report and havent gotten contacted back, i think if i sit on this nuthin will be done. i talked to a laywer, and he said that on domistic calls the police will defend the females ( bull its the ones with the marks isnt it? ) , the laywer also said that he could defend the police in the situation. ( what i think is that he dosent want to go to war with the police. He also said that he dosnt think anyone we see where they went wrong. I laughed. Also the cops dont have a full tape ( imagine that ) need help asap, i want to hear iam sorry from the 2 cops for doing it wrong, my car tow bill, 2 siliver chains that broke of my neck ( while iam the victim , and the tape would should i say yes sir and no sir and do not proke them to use that kinda force). I lost my job cause there ona point system i had 2 points and it takes 3-4 to get fired, so i go my 3-4 because of car tow, making report, and my hads brusied from hitting the concrte. So i could not do my job 12hr shifts picking up items that range from 15-20 pounds. PLease help i need answer's and to find a lawyer that belives it was ex force, wrong full tow ( think they would need a warrent to tow my car, if iam not under arrest or no ticket.

[Ohreallynow?]

Sercowv,
You might not get many responses because your post is a little long and a little hard to read. If you are lucky you might get Carl the Cop, or tranquility to post an answer, but you might want to edit it down a bit.

The hard thing is that you pretty much got the hard "truth" from the lawyer that you already talked to. People saw a woman yelling and screaming in a car with a man, they are going to think rape or kidnapping. Someone called for help, you were in "control" of the situation. So you were "gulity".

If your side of the story is the truth, I am sorry it went down as it did, but you have a hard mountain to climb to get any justice from this scenario.

My take on the situation, hold on for other peoples take. (some won't be pretty. )

[gawm]

From your post, the police might of overreacted, I don't see why they towed your car. I also think your girlfriend is a big part to blame. Why was she yelling and kicking things? Why was she even out to 4 in the morning drinking? There are a lot of innocent people who get in trouble because of who they hang out with. That's why you should choose your friends carefully and girlfriends even more carefully. Sorry this happened to you! Try consulting another attorney, a second opinion.

[Sercowv]

I cant shortin my page, but dont let that sway u because this is the same stuff i made my report on about to officers to the poilce. Maybe i should choose a different girl, or maybe cause if know her for 7years, so her having a problem drinking is not really my fault but a problem iam going to deal with till she fig's out she hasa problem. But besides that yes they siezed my car for what? and more but triing to keep this short

[CdwJava]

Originally Posted by Sercowv

I proceed to try to get her out of my car and calm down. ( in this time someone called the police. time pass's and i get her calm and proceed to leave.

First, you DO understand why someone might call the police in this scenario, don't you? Screaming hysterical woman ... guy trying to "calm her down" (maybe by yelling, threatening, pulling her out of the car, etc.).

And like that there at my car door ( drivers door ) with there guns out ( do they not have steps to go thur before pulling a gun)and pulling me out of the car and slaming me on the gorund ( pavement ) .

Nope - no "steps", just cause to believe they might need them. Depending on what the caller told them they may have thought they had a felony in progress here. It's possible that they were told that a kidnapping was in progress. In any event, the police do not have to try the lesser steps before taking a gun out - they just have to articulate cause (which would be very minimal).

With in 5mins they take her home. ( didnt ask her anytrhing or a report.

I doubt he drove her home in complete silence. I am sure one of the officers asked her something.

i was not drunk or anything, and procced to ask agian what was going on. they sat in there cars for about 30mins telling me to go home, with out my car.

Apparently THEY thought you were too intoxicated to drive and were trying to give you a hint that it was time to go away on foot. Apparently they also determined that you had not committed a crime up to that point, or they had opted not to ACT on any crime you might have committed.

i said no, i want to know where my girlfriend is and why i was slamed down, and why my car is being towed.

If you were never arrested or cited, I'd be curious why your car was towed, too.

While makeing my statment with the police the officer taking the notes stated his boys said i had a busted lip when they pull me ( so iam the victim ) out of the car. ( so if that was a domistic call, why did i get slammed if i had the marks form my girlfriend, Shouldnt i be the Victim???

Apparently they arrived with some other incident on their mind. The key to you being pulled out at gunpoint and tossed on the ground will be what the original call to the officers was about.

the laywer also said that he could defend the police in the situation. ( what i think is that he dosent want to go to war with the police.

It's hard to prove misconduct some times as there is always two sides to the story. The officers did themselves no service by not arresting or citing anyone, and I can't understand how they could tow the car without some cause like an expired license or at least illegal parking. But this might not be a big enough case for the lawyer to go after the cops without a fee paid up front.

i need answer's and to find a lawyer that belives it was ex force, wrong full tow ( think they would need a warrent to tow my car, if iam not under arrest or no ticket.

Check with another attorney. I guarantee that there are attornerys out there that specialize in suing the police. The only problem is going to be proof. And in a case where it might be your word against the cops' word, then an attorney is going to be reluctant to take such a case without a lot of money up front.

- Carl

[MacGyver]

You_re better-off finding a different forum.
With the acceptation of (tranquility) you_ll just get
flamed, you_re also guilty until proven innocent here.

They like to post their personal opinions here not legal advise.
An that_s my Free and Outstanding advice with an Unbeatable price

[CdwJava]

Originally Posted by MacGyver

You_re better-off finding a different forum.
With the acceptation of (tranquility) you_ll just get
flamed, you_re also guilty until proven innocent here.

What flames?

I would think that so far the responses have been pretty benign and tend to lead toward sympathy toward the poster. Are you sure you're reading the right posts?

Or do you just have an axe to grind.

- Carl

[Blue Meanie]

Originally Posted by CdwJava

What flames?

I would think that so far the responses have been pretty benign and tend to lead toward sympathy toward the poster. Are you sure you're reading the right posts?

Or do you just have an axe to grind.

- Carl

I think he has an axe to grind...

[CdwJava]

Originally Posted by MacGyver

They like to post their personal opinions here not legal advise.
An that_s my Free and Outstanding advice with an Unbeatable price

I think you got the legal advice in your matter ... the opinion was that your actions violated PC 148(a) and that you really did not have much ground to stand on. There is no guarantee that you have to LIKE the advice given. And you are still free to speak to an attorney who will be happy to take your money and give you the same advice ... well, he might take your money, bill some hours to get a copy of the reports, and THEn tell you that you have no good defense.

But, ya never know.

- Carl

[CdwJava]

Originally Posted by baystategirl

I think he has an axe to grind...

Yep.

- Carl