Sticky Situation. Advice Appreciated

[Steerforth]

States: California and Texas

Fifty-nine year old totally and permanently disabled man (mental disability), visited family in Pennsylvania for Thanksgiving (drove cross-country).

Left for home in California middle of December but stopped in West Texas on a questionable violation ("crossed white line"). DPS officer asked to search car and after ten minutes found about two ounces of marijuana used for self-medication since living with disability for thirty years without much medical assistance (Vietnam related brain injury and trauma). Circumstances involving the "stop" were very strange, as the officer was standing by the side of the road when the alleged violation occurred.

Taken to headquarters in Handcuffs. Truck was completely searched and laptop computer was seized because of alledged pornography.

Taken to the county jail for twenty-four hours (first time arrested) and put in a tank with about fifteen other guys.

Almost a day later, charged with a first degree misdemeanor and bail wa set at $2,000. Had to put up $800.00 on the insistance of the bail bondsman.

Released after 5 pm and had to walk to a motel. Following morning, picked up truck, which cost $200.00 for towing and three days storage. Driver also charged me $50.00 to drive four miles to pick up truck.

Having very bad flashbacks, anxiety and depression. Traumatized.

What does the American with Disabilities Act say about incarcerated prisoners who haven't been charged? Seems as though there should have been some kind of screening. Being thrown into jail is a major life stresssor and could be potentially fatal for a totally disabled person.

Also, I've searched fourthammendment.com and it appears as if a search warrant is needed to search through someone's computer.

Is there a civil rights case here?

Thanks! I'm still in shock, and any advice would be approcated.

S.

[Shay-Pari'e]

Why on earth were you driving?

[seniorjudge]

Originally Posted by Steerforth

States: California and Texas

Fifty-nine year old totally and permanently disabled man (mental disability), visited family in Pennsylvania for Thanksgiving (drove cross-country).

Left for home in California middle of December but stopped in West Texas on a questionable violation ("crossed white line"). DPS officer asked to search car and after ten minutes found about two ounces of marijuana used for self-medication since living with disability for thirty years without much medical assistance (Vietnam related brain injury and trauma). Circumstances involving the "stop" were very strange, as the officer was standing by the side of the road when the alleged violation occurred.

Taken to headquarters in Handcuffs. Truck was completely searched and laptop computer was seized because of alledged pornography.

Taken to the county jail for twenty-four hours (first time arrested) and put in a tank with about fifteen other guys.

Almost a day later, charged with a first degree misdemeanor and bail wa set at $2,000. Had to put up $800.00 on the insistance of the bail bondsman.

Released after 5 pm and had to walk to a motel. Following morning, picked up truck, which cost $200.00 for towing and three days storage. Driver also charged me $50.00 to drive four miles to pick up truck.

Having very bad flashbacks, anxiety and depression. Traumatized.

What does the American with Disabilities Act say about incarcerated prisoners who haven't been charged? Seems as though there should have been some kind of screening. Being thrown into jail is a major life stresssor and could be potentially fatal for a totally disabled person.

Also, I've searched fourthammendment.com and it appears as if a search warrant is needed to search through someone's computer.

Is there a civil rights case here?

Thanks! I'm still in shock, and any advice would be approcated.

S.

Q: What does the American with Disabilities Act say about incarcerated prisoners who haven't been charged?

A: Some people think the ADA applies to jails. [url]http://www.dos.state.ny.us/cnsl/adajail.html[/url]


Q: Also, I've searched fourthammendment.com and it appears as if a search warrant is needed to search through someone's computer.

A: That is incorrect. For a fourth amendment violation, there has to be a search and seizure. There was no seizure here (according to your post).


Q: Is there a civil rights case here?

A: Nothing in your post indicates any violation of your civil rights.

[Steerforth]

Originally Posted by seniorjudge

Q: What does the American with Disabilities Act say about incarcerated prisoners who haven't been charged?

A: Some people think the ADA applies to jails. [url]http://www.dos.state.ny.us/cnsl/adajail.html[/url]


Q: Also, I've searched fourthammendment.com and it appears as if a search warrant is needed to search through someone's computer.

A: That is incorrect. For a fourth amendment violation, there has to be a search and seizure. There was no seizure here (according to your post).

A hanful of officers serached my truck while I was handcuffed and watching the. My laptop was packed in the back under a tonneau cover, and before I knew it, one of the officers had obtained a gadget from the fofice to attach to the computer to view images, etc. (I guess) He spent about fifteen minutes, and then they seized the computer. I was interviewed by Texas Rangers about the porn later, and they declined to charge. My computer was not returned.


Q: Is there a civil rights case here?

A: Nothing in your post indicates any violation of your civil rights.

I was wondering about the provisions of the ADA. I believe there have been successful cases involving prisons - Rykers Island for one.

Thanks for your assistance!

[seniorjudge]

Originally Posted by Steerforth

I was wondering about the provisions of the ADA. I believe there have been successful cases involving prisons - Rykers Island for one.

Thanks for your assistance!

Since you have no damages, you have no case.

[CdwJava]

Originally Posted by Steerforth

I was wondering about the provisions of the ADA. I believe there have been successful cases involving prisons - Rykers Island for one.

Thanks for your assistance!

Are you expecting a special senior citizen's jail?

The jail must provide adequate facilities for the inmates - not perfect ones. And people are arrested and released without charges all the time. The state often has years to come back with an indictment against someone. More than likely they will drop the matter early on if they can't go anywhere with it, but if they found dope they are likely to go for it.

And regardless of what you might think, an officer is very capable of seeing a vehicle cross a line in the road while he or she is standing along the side of the road. And if he received consent to search the car and found drugs - oops! And on that consent, he is certainly able to look at whatever he wants inside the car until the owner/operator says, "Stop." If they found possible illegal porno material on the computer, then that would justify its seizure.

If this man is so disabled as to need special assistance and heavy medication, the family needs to get together and take away his car keys. Otherwise, he will have to follow the laws that the rest of us do and risk the consequences of violating them.

He also needs a TX attorney.

- Carl

[Steerforth]

Originally Posted by CdwJava

Are you expecting a special senior citizen's jail?

The jail must provide adequate facilities for the inmates - not perfect ones. And people are arrested and released without charges all the time. The state often has years to come back with an indictment against someone. More than likely they will drop the matter early on if they can't go anywhere with it, but if they found dope they are likely to go for it.

And regardless of what you might think, an officer is very capable of seeing a vehicle cross a line in the road while he or she is standing along the side of the road. And if he received consent to search the car and found drugs - oops! And on that consent, he is certainly able to look at whatever he wants inside the car until the owner/operator says, "Stop." If they found possible illegal porno material on the computer, then that would justify its seizure.

If this man is so disabled as to need special assistance and heavy medication, the family needs to get together and take away his car keys. Otherwise, he will have to follow the laws that the rest of us do and risk the consequences of violating them.

He also needs a TX attorney.

- Carl

Not that it will probably matter, but the officer caused the situation in the first place. It was on the Interstate, and I was in the passing lane when I saw her in the distance. I slowed down to 50 mph and I believed she was motioning me to get off at the exit. I signalled and as I was crossing the line realized she was motioning to the car in front of me. I just went back into the passing lane after turning off my right turn signal.

I gave her permission to search for illegal drugs and guns. Here's a case I found.....

Consent to search for drugs did not justify search of computer because it was outside the scope of the consent. Even what was on the screen was not suggestive enough to justify looking at what might be Consent to search for drugs did not justify search of computer because it was outside the scope of the consent. Even what was on the screen was not suggestive enough to justify looking at what might be on the computer. United States v. Sell, 2005 U.S. Dist. LEXIS 26452 (N.D. Ill. October 31, 2005

I don't know if this would applicable.

Thanks for your comments!
S.

[seniorjudge]

Originally Posted by Steerforth

Not that it will probably matter, but the officer caused the situation in the first place. It was on the Interstate, and I was in the passing lane when I saw her in the distance. I slowed down to 50 mph and I believed she was motioning me to get off at the exit. I signalled and as I was crossing the line realized she was motioning to the car in front of me. I just went back into the passing lane after turning off my right turn signal.

I gave her permission to search for illegal drugs and guns. Here's a case I found.....

Consent to search for drugs did not justify search of computer because it was outside the scope of the consent. Even what was on the screen was not suggestive enough to justify looking at what might be Consent to search for drugs did not justify search of computer because it was outside the scope of the consent. Even what was on the screen was not suggestive enough to justify looking at what might be on the computer. United States v. Sell, 2005 U.S. Dist. LEXIS 26452 (N.D. Ill. October 31, 2005

I don't know if this would applicable.

Thanks for your comments!
S.

And how is that relevant if no charges for child porn were filed against you?