Unlawful arrest?

[Kimski65]

My son had a midsdeameanor cannibas charge just about a year ago ,<2.5 g. He had community service, a fine and 1 yr court supervision. A few months later he got arrested again. Basically the same thing, but all charges were dropped except paraphenalia. Fine and Court Supervision only. Monday night 1/12 at 11:30pm, cops came to our home and said they had a warrant. Never produced it! Said we could see it when we get to the station. Took him in cuffs 16 hours after he had surgery on his hand to put in plate and screws. My husband was following the cop to the station, the cop ditched him. Husband got to the PD and it was an hour before the cop showed up with our son. We still have yet to see a warrant and no one can tell us WHY he was arrested. "There are no notes in our system" they say. He had until 1/14 to pay the rest of his fine for the first offense, but they said they THINK that his court supervision was revoked. He has no probation officer, so it wasn't like he missed a visit with PO. They did not read him his Miranda rights. They tried removing his splint. They did remove the Butterfly clips that were under the tape and put them in a bag marked "Weapon". They twisted his arm and hand to get finger prints, which they already had. Was this legal for them to do or not? Do we have any rights? What can we do? Thank you so much for any advice.What is the name of your state (only U.S. law)? We are in Illinois.

[cyjeff]

Originally Posted by Kimski65

My son had a midsdeameanor cannibas charge just about a year ago ,<2.5 g. He had community service, a fine and 1 yr court supervision. A few months later he got arrested again. Basically the same thing, but all charges were dropped except paraphenalia. Fine and Court Supervision only. Monday night 1/12 at 11:30pm, cops came to our home and said they had a warrant. Never produced it! Said we could see it when we get to the station. Took him in cuffs 16 hours after he had surgery on his hand to put in plate and screws. My husband was following the cop to the station, the cop ditched him. Husband got to the PD and it was an hour before the cop showed up with our son. We still have yet to see a warrant and no one can tell us WHY he was arrested. "There are no notes in our system" they say. He had until 1/14 to pay the rest of his fine for the first offense, but they said they THINK that his court supervision was revoked. He has no probation officer, so it wasn't like he missed a visit with PO. They did not read him his Miranda rights. They tried removing his splint. They did remove the Butterfly clips that were under the tape and put them in a bag marked "Weapon". They twisted his arm and hand to get finger prints, which they already had. Was this legal for them to do or not? Do we have any rights? What can we do? Thank you so much for any advice.What is the name of your state (only U.S. law)? We are in Illinois.

I am guessing that the second charge violated your son's first probation.

Yes, they have to fingerprint him every time.

[JETX]

Originally Posted by Kimski65

Was this legal for them to do or not?

Proper or justified?? Not known.
Legal?? Yes.

Do we have any rights?

If your son is over 18, you have NO rights.

What can we do?

See above.

[Kimski65]

Yes, my son is over 18. I understand that we, as his parents cannot do anything, but didn't they need to show him/us ANY kind of documentation or paperwork before they could remove him from our home? Did they not have to give us some kind of reason other than "We don't know. There's nothing in our notes." (?) The courthouse is 15 minutes from our home. My husband waited there for an hour before the cop showed up there with our son. While he was waiting, he talked to a number of individuals who could not tell us anything. He goes back on 1/20 and we still have no explanation as to why.

[JETX]

Originally Posted by Kimski65

Yes, my son is over 18. I understand that we, as his parents cannot do anything

Yep.

but didn't they need to show him/us ANY kind of documentation or paperwork before they could remove him from our home?

They don't have to show YOU anything.
And they likely didn't have to show HIM anything either, as their 'drop-in' is likely a term of his probation.

Did they not have to give us some kind of reason other than "We don't know. There's nothing in our notes." (?) The courthouse is 15 minutes from our home. My husband waited there for an hour before the cop showed up there with our son. While he was waiting, he talked to a number of individuals who could not tell us anything. He goes back on 1/20 and we still have no explanation as to why.

Again, he is an adult (at least in law) and the police owe you NOTHING. If there was an error, it would be up to HIS defense attorney to review and process.
If you feel that his rights were somehow violated, make sure he gets a good local attorney.

[Kimski65]

Thank you very much for your advice. It is greatly appreciated.

[Some Random Guy]

As for the 1 hour delay, ask your son what happened. Likely they were trying to get him to flip on his dealer.

[JaseFifty1]

Originally Posted by Kimski65

cops came to our home and said they had a warrant. Never produced it! Said we could see it when we get to the station.

The police aren't required to have the warrant in hand. They can rely on a computer entry or just word of mouth over the radio.

We still have yet to see a warrant and no one can tell us WHY he was arrested. "There are no notes in our system" they say.

You need to contact the court clerk. The police aren't likely to have the specific reason for the warrant. Their job is to serve the warrant. Not attest to the reliability of it. The court should have the details you're seeking.

They did not read him his Miranda rights.

That's a common misconception. Miranda rights aren't required to be read unless the police are interrogating a person.

Took him in cuffs 16 hours after he had surgery on his hand to put in plate and screws....

They tried removing his splint. They did remove the Butterfly clips that were under the tape and put them in a bag marked "Weapon". They twisted his arm and hand to get finger prints, which they already had.

All of those things are normal procedure in most arrest situations. If the offense for which a person is arrested requires fingerprinting, the police have to get a fresh set every time. National criminal records are compiled solely from fingerprint submissions.