need advice was this a unjustified arrest

[kitty88]

What is the name of your state? florida
I was walking back from the store and stopped for a prostitution check. when found out that i was out on bail asked how many times arressted for prostitution. zero was my honest answer. asked what was in my bag told them cigarrettes and btl of water. they took my bag and asked y i would buy cigs when i already had a pack. 1st officer looked threw bag and opened cig pack and clearly stated that all was clear 2nd officer said that he did not clear it and took my bag, turned his back and in less then a second turned back around and told me to sit down and put my hands behind my back. no miranda rights were given, no field test was done, nothing but the first officer that cleared me took me into custody, not the officer who claimed that my bag had drugs in it.

 

[CdwJava]

Okay ... you were arrested because dope was found in your possession. I suppose you can challenge the search, but if FL allows searches for people out on bail, or if you gave consent, then you're out of luck.

Your attorney will be able to review the police report for their good cause to support the search.

- Carl

 

[anthony361]

What is the name of your state? florida
I was walking back from the store and stopped for a prostitution check. when found out that i was out on bail asked how many times arressted for prostitution. zero was my honest answer. asked what was in my bag told them cigarrettes and btl of water. they took my bag and asked y i would buy cigs when i already had a pack. 1st officer looked threw bag and opened cig pack and clearly stated that all was clear 2nd officer said that he did not clear it and took my bag, turned his back and in less then a second turned back around and told me to sit down and put my hands behind my back. no miranda rights were given, no field test was done, nothing but the first officer that cleared me took me into custody, not the officer who claimed that my bag had drugs in it.

Where did they allegedly find the drugs?

 

[kitty88]

In need of advice to my rights

in my grocery bag in a pack of cigarettes, there has to be some justice for a individual that walks to a store and stopped for no reason at all, except for a police officer wanting to get a notch in their belt and or make their quota for the month. just because a person is walking does NOT mean they are a prostitute, in which I am not. where is the justice. Especially when one officer clears my contents and another officer turn his back on me and in less then a second SUPPOSEDLY finds drugs. No field test was performed. Is this a false arrest or not?

 

[kitty88]

need advice was this a unjustified arresst

Okay ... you were arrested because dope was found in your possession. I suppose you can challenge the search, but if FL allows searches for people out on bail, or if you gave consent, then you're out of luck.

Your attorney will be able to review the police report for their good cause to support the search.

- Carl

no record nor video to prove or not prove that there was not a consent given by me for the search

 

[CdwJava]

Kitty, no one can say whether the arrest was bad or not because we don't know what the officers will say to justify the detention and the search. Each instance must be evaluated upon its own merits. If they had no reasonable suspicion to detain you - and a court decides you were indeed detained - then the subsequent search would be bad. Likewise if they could articulate no good cause to conduct a search and a court rules they did not have consent, then the search would be bad.

What has your attorney said? Have you been arraigned on the dope charge, yet? What kind of dope do you think they found?

Note that they do not have to do a field test to arrest you for the dope. A prosecutor is likely to want a lab or a presumptive test on the substance before trial, though.

- Carl

 

[kitty88]

My attorney was originally going for a motion to supress for violating my constitutional rights. In the court room he changed his mind, I believe, he was not ready. He is a Very high powerful and high profiled attorney and I think he was to involved with a huge federal case during the time and did not have time to prepare for mine and said we will go for drug court. When I went for my arraignment in drug court I was found to be ineligible. My attorney was not present for this arraignment and the drug court judge wants to withhold my judification due to my prior case is willing to work with me and rescheduled my hearing. Now I am torn between do I fight it or not? The only reason I was stopped was because I was walking to the store in a bikini top and blue jeans. I live in South florida and it was in July. HOT HOT HOT. Does this give them Probable cause to stop me and ask me how many times I have been arrested for Prostitution? ZERO TIMES!! Not even close to being a prostitute Then told me they saw me get out of a car 1.8 miles down the road never got out of a car, this is another question that I need answered. Why did they not stop me then when they supposedly saw me get out of a car instead of waiting 40 minutes for me to walk where they were sitting in a parking lot.The allegedly drugs they supposedly found was cocaine.

 

[kitty88]

someone please respond to my last post. In serious need of advice PLZZZZZZZZ

 

[CdwJava]

No one can possibly answer a question that requires mind reading. There are a number of possibilities here that include perfectly reasonable actions by the officers, and others that assume unlawful actions. No one can say for sure because these matters tend to involve the perceptions of the officers as well as a totality of the circumstances in order to determine "reasonableness".

- Carl