Civil Rights Violation

[WalkMeDown]

What is the name of your state (only U.S. law)? mississippi

On night about 5am i was coming home from an early breakfast and this cop tailgates me for about 3 miles, and he never put his lights on or did anything to order me to stop when i get home i go inside and a few minutes later hes coming into the backdoor of my home with his gun pointing at me and puts me under arrest for an expired tag violation. (yes you read that right, handcuffed for an expired tag) he also says that he found bits of weed in the car (indicating that he searched the car before he even entered) he then cuffs me and puts me in the car then goes back and searches my home and finds a vicodin in my nightstand. he said he was doing a safety check because he saw me go around to the back of the house (false) and that my license didnt match my address (i just moved there) he also never asked for consent or stated he had a warrant to enter my home. nor did he even ask if i could provide documentation proving i live there (i could have easily shown an utility bill). So if im not being pursued and the cop doesnt like the way i exited my vehicle, can he do what he did? i feel so violated and now im facing these charges that were illegally obtained! what can i do? can i sue?

 

[OHRoadwarrior]

You hire a lawyer to make all those arguments in criminal court. If you win them all and can prove it was a violation of your civil rights in another court, you might win.

 

[WalkMeDown]

You hire a lawyer to make all those arguments in criminal court. If you win them all and can prove it was a violation of your civil rights in another court, you might win.

Doesnt that seem excessive to arrest someone for a non moving traffic infraction? In my city its a $100 fine and its reduced to $50 if you show up and its fixed.

 

[tranquility]

Conversely, suppose he was getting ready to make a traffic stop after getting the expired tag confirmation over the radio. Then, you quickly pull into a driveway and leave the scene. He checks the license and it comes back to a different address. He looks in the vehicle and sees marijuana. Does he have to walk away as you say "safe"?

As to the entry, an argument could be made the probable cause/reasonable suspicion happened while you were still outside of the residence and he initiated contact and can follow past the threshold to make the arrest/detention without a warrant. He can search with your wingspan for other things (wingspan being much more than where you can reach) as a search incident to arrest and, depending on what other facts he perceived, do the community care taking search as well.

Let's face it, you have a big problem. While your attorney may be able to get the Vicodin suppressed, it is not necessarily a slam dunk. Shut up, talk only with your attorney and listen to what he says.

 

[WalkMeDown]

Conversely, suppose he was getting ready to make a traffic stop after getting the expired tag confirmation over the radio. Then, you quickly pull into a driveway and leave the scene. He checks the license and it comes back to a different address. He looks in the vehicle and sees marijuana. Does he have to walk away as you say "safe"?

As to the entry, an argument could be made the probable cause/reasonable suspicion happened while you were still outside of the residence and he initiated contact and can follow past the threshold to make the arrest/detention without a warrant. He can search with your wingspan for other things (wingspan being much more than where you can reach) as a search incident to arrest and, depending on what other facts he perceived, do the community care taking search as well.

Let's face it, you have a big problem. While your attorney may be able to get the Vicodin suppressed, it is not necessarily a slam dunk. Shut up, talk only with your attorney and listen to what he says.

He never attempted to make contact while i was outside the residence, and forced his way into the back door. And what do you mean i have a big problem? and btw these were both misdemeanor charges, first offence. and ticket for the expired tag

 

[tranquility]

He never attempted to make contact while i was outside the residence, and forced his way into the back door. And what do you mean i have a big problem?

As you say. That is certainly the argument your attorney will make. I'm not sure any act needs to be taken. In U.S. v. Santana, 27 U.S. 38 (1976), the Supreme Court has the police pulling up and saying "police" when Santana retreated into the residence. That was enough for "hot pursuit". Case law is very fact specific and I'm not going to do a search for all possible fact combinations. When is an arrest/detention put in motion? When he lights you up, or when he decides to light you up?

The "big" problem is Vicodin is a Schedule II drug I believe. I assume you did not have a prescription. The tag and the marijuana (if first offense) and some cash can make it go away. Vicodin? Not so much.

 

[WalkMeDown]

As you say. That is certainly the argument your attorney will make. I'm not sure any act needs to be taken. In U.S. v. Santana, 27 U.S. 38 (1976), the Supreme Court has the police pulling up and saying "police" when Santana retreated into the residence. That was enough for "hot pursuit". Case law is very fact specific and I'm not going to do a search for all possible fact combinations. When is an arrest/detention put in motion? When he lights you up, or when he decides to light you up?

The "big" problem is Vicodin is a Schedule II drug I believe. I assume you did not have a prescription. The tag and the marijuana (if first offense) and some cash can make it go away. Vicodin? Not so much.

Think im looking at jail time for that? or just a fine and probation? like i said it was charged as a misdemeanor. do you think my lawyer can negotiate maybe a drug treatment program to avoid a criminal record?

 

[tranquility]

Think im looking at jail time for that? or just a fine and probation? like i said it was charged as a misdemeanor. do you think my lawyer can negotiate maybe a drug treatment program to avoid a criminal record?

I have no idea. It would probably depend on if you have any history. But, don't go there yet. It is entirely possible an attorney can get that suppressed. We can't really guess until you hear what the officer says. If he was truly doing a safety check and the pill was in a drawer in a bedroom outside of your wingspan, even if you lose the entry claim, you still have a chance.

 

[WalkMeDown]

I have no idea. It would probably depend on if you have any history. But, don't go there yet. It is entirely possible an attorney can get that suppressed. We can't really guess until you hear what the officer says. If he was truly doing a safety check and the pill was in a drawer in a bedroom outside of your wingspan, even if you lose the entry claim, you still have a chance.

The report said it was in "plain sight" even though it wasnt, he lied. my attorney is fighting on the bases that he had no right of entry based on an expired tag, there was no reason to suggest i was dangerous, etc.

 

[Zigner]

The report said it was in "plain sight" even though it wasnt, he lied.

Prove it.

 

[WalkMeDown]

Prove it.

me or him?

 

[Zigner]

me or him?

HE doesn't have to prove it...the state would have to prove it, and they have the testimony of a very reliable non-interested party as their evidence. Your turn...

 

[tranquility]

Prove it.

"That's some catch, that Catch-22," he observed.

"It's the best there is," Doc Daneeka agreed.

 

[WalkMeDown]

"That's some catch, that Catch-22," he observed.

"It's the best there is," Doc Daneeka agreed.

Just spoke with my attorney, who handles cases like this and he is confident he will get it all suppressed, if not he said, he said he is very successful negotiating drug classes/probation in lieu of criminal charges. lucky for me, i have deep pockets and can afford attorneys and he said he can also bargain for me to pay higher fines in lieu of a record and have the court "pass it to the file" He also added that the newly enacted HB 585 in mississippi now allows non violent criminals to not receive any jail time in lieu of successful rehabilitation. And also he mentioned he has yet to see in his 25+ years any first offender misdemeanor serve any time.

 

[tranquility]

Good attorneys are expensive, but worth it. Good luck.