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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-18-2005, 09:33 PM
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Join Date: Nov 2005
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My rights violated?


What is the name of your state? Georgia

I was approached by a undercover police officer while standing outside a barber shop with my friend. He pulled up to us in his green for escort and started questions us; asking our names, if our parents knew we were here, how we got in the area. He steps out of the car and proceeds to ask us questions. He wrote down our name, address, phone number, dob and if we were on parole or probation. He also took 2 pictures, 1 vertical and 1 horizontal of both of us. At this point me and my friend didnt know what was going on. We were asked to put our hands against the wall with our hands interlocked on our head. My legs werent spread apart and the officer took his foot and almost tripped me spreading my legs. I told the officer that didnt want to be searched and that it was my right as a citizen (i honestly dont know the laws on the books for this type of thing in Georgia. We were searched for no reason at all) The officer was squeezing my friends hands so hard I could hear the bones crack. At this point a female officer had arrived. I was patted down and asked what was in my pockets I said that I didnt want to be searched again. well, i ended up emptying my pockets. when the officer asked what was in my cigarette pack i walked up to him and opened it. He told me that if i didnt step the **** back he would punch me in the face. I emptyed my other pocket which had about 5 grams of marijuana. When the cop saw that i had drugs he started talking about how he '****ing hated kids'. I was questioned were i had obtained the weed and told him id bought it from a friend for 30 dallors(This being a lie, he knew right away). The officer took the bag out of my hand and emptyed it on the sidewalk grinding it up with his foot. He told me to get the **** out of the area or he would take me behind the building, beat me and leave me to rot in a trash can.
  #2  
Old 11-18-2005, 10:03 PM
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The officer's statements aside, I don't think you had any "rights" violated. Normally the remedy for an unlawful search would be suppression of the evidence. In this case you aren't being charged with a crime so there is nothing to suppress.

It sounds to me like this could have been a consensual encouter that turned in to a detention. Whether it was a lawful detention or not would depend on what the officer would articulate as his cause.

If you want to complain about his comments, call the employing agency. If you think you have a lawsuit, call an attorney. But I just don't see anything here that an attorney is going get fired up with.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 11-19-2005, 11:28 PM
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Join Date: Jun 2005
Posts: 2,425
He didn't arrest you.

He was trying to 'scare you straight'.

He was right that you were 'dirty' (to some extent).

He didn't arrest you-he wanted to give you a warning, I guess.

Did it work ?

You could complain that you weren't arrested !!!! or, get on with your life.

Look at it this way: he saved you from dealing with a **** &!?! attorney, in court, with numerous appearances ...

C'mon, it's kind of funny & he didn't arrest you.
Reminds you though, the system can have a lot of negative power over you.

Stay clean.
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