Stalked by police, other questions

[Disco Infernal]

What is the name of your state? Maine

All right, the following incident in question didn't happen to me, but someone I know (he's the one living in Maine, not me), and I'm just rather interested in the legal situation of it all. I wasn't quite sure which forum to post this in, as it pertains to several different topics, so I apologize if this is in the wrong place. The following is a transcription of his story:

Late night Saturday, my friend got pulled over for OUI while I was in the car. Since I am 21, and had no drugs on me, I was free to go (we got pulled over down the road from my house). What was odd about it all was that he was never read his rights.

The next day, I saw the officer driving back and forth in front of my house, seemingly for no reason, using the neighbor's driveways to turn around before cutting back in front of my house. He did this at least a dozen times, so it looked really suspicious and sketchy. Just yesterday, I called my friend to meet up with him for a smoke to try to get our minds off of all of this ****. Another interesting occurrence I noticed (obviously not until after the fact) is that when I initially called my friend to meet up with him, less than 5 seconds after I got off the phone with him I got another call from a private number, and after I picked up they immediately hung up (anyone who's dealt with the cops knows that when the police call you, they hide the phone number).

My friend and I went out to the woods to smoke some weed and there was an undercover lurking by the woods, who called us in and got us in trouble. Sure enough, it was the same exact officer who pulled us over the other night AND who had been patrolling my house the next day. Since my friend was out on bail for OUI, they took him to county jail and they said he'll have to stay there without bail until his court date (Sept. 4). Once again, the cops failed to read him his rights (as far as I know, but he was definitely never read them the first time.) I was issued two tickets since the pipe and weed at the scene were both mine.

I'm wondering, first of all, if you think there's any chance my friend's lawyer or the DA might be able to get him some sort of bail to get out before his court date. Secondly, I'm wondering if you think the police tapped into my line to find out where we were going. I know that sounds highly unlikely, but trust me, the cops around here have literally NOTHING better to do than to catch kids for stupid **** like smoking. I'm also wondering if the fact that he wasn't read his rights has any precedence in getting his sentence alleviated or anything like that.

Finally, I'm wondering if you all think he might be able to get the time he serves in jail until his court date taken off of the sentence after his court date. Anything you guys know about the law might help me out here, so all your feedback is appreciated.

I'm pretty skeptical of some of his claims, namely about the possibility of wiretapping; I'd assume it's far more likely that he was followed to the scene. Regardless, I'd be interested to get some input from people more knowledgeable about the law than I am.

Thanks in advance.

[moburkes]

His rights were not required to be read.
I've been contacted by the police, and their phone number came through on caller ID.

OP, what is your legal question?

[Disco Infernal]

I didn't even realize I didn't pose this question originally, but is it perfectly legal for a police officer to essentially stalk him? I mean, he was "free to go", as he put it, and a cop car is spending the day driving past his house constantly, and shortly after he's arrested by that same officer. It sounds a little iffy to me, but I have minimal legal knowledge.

Also, after your post, I'm wondering why it would not be necessary for his friend to have his rights read to him? That seems a little strange to me, too.

[Blue Meanie]

Originally Posted by Disco Infernal

I didn't even realize I didn't pose this question originally, but is it perfectly legal for a police officer to essentially stalk him? I mean, he was "free to go", as he put it, and a cop car is spending the day driving past his house constantly, and shortly after he's arrested by that same officer. It sounds a little iffy to me, but I have minimal legal knowledge.

Also, after your post, I'm wondering why it would not be necessary for his friend to have his rights read to him? That seems a little strange to me, too.

His rights do not have to be read to him unless he is going to be questioned.
The police can drive by your friends house as often as they want.
If your friend was so concerned about the police "stalking" him, then it was pretty stupid to "meet up for a smoke".

Your minimal knowledge is apparent.

[Disco Infernal]

First of all, I never said he wasn't an idiot, and I never said he was a friend of mine. I don't see the necessity in the contemptuous nature of your comments. I apologize for not knowing all I could about the law, and thus coming to a legal forum with a question so that I could try and get a better understanding of the situation. My mistake.

[mommyof4]

He was free to go. That doesn't mean that the police are not going to continue to watch him. They didn't have enough on him before they released him, but were suspicious enough and had a hunch that they would if they gave him enough rope to hang himself. He did. They got what they needed. Whether he thinks the cops are bored or not, he KNOWS that smoking pot is illegal, knew the police were watching him AND went to meet the friend to get stoned. Not big in the brains department, huh?

Nothing illegal on the police's part occured. Your acquantance on the other hand......

[Disco Infernal]

Yeah, he has already been lambasted for his ignorance. That is all that I was really wondering, thanks for the reply.