Legal or not?

[pogan]

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

Yesterday,I was in my friends car and got pulled over for running a stop in a supermarket parking lot. The officer ran up and threw me out of the car, he didnt say he was a officer or anything, had no reasonable suspicion, nor was he in a town cop car but a undercover. I was the first to get thrown out of the car and he didnt talk to anyone else before i was throw out. AS he threw me out, he searched me found a bag of pot and cuffed me and i was transported to the station. One other kid had a bag of pot in the car got arrested and they searched the car without any kind of paperwork or suspicion. I was interrogated at the station and released with a court date, i helped the officer out and he said hell call me in two days regarding my court date and helping him out.

Is this legal at all? I wasnt read my rights nor did i know it was a cop at the time, and i wasnt doing anything illigal at all.

since this happened in a supermarket, is it legal? were my rights violated? Should i even trust the officer?
They also never told me what i was under arrest for.

 

[dave33]

You will need to talk to an attorney about the details of the stop. I am sure that his version and your version will be two very different things.

Why would you trust the officer? The two of you have very different agendas. None of this matters because throughout the course of "helping out" you probably confessed to who knows what.

Let me get this straight...You "helped out" and you have been charged. I must be missing something, where is the benefit to you for the help you provided?

You lose.

 

[justalayman]

The officer ran up and threw me out of the car, he didnt say he was a officer or anything, had no reasonable suspicion, nor was he in a town cop car but a undercover

You can surely challenge the search. If the cop actually did not have probable cause, you can seek to have the results of the illegal search suppressed.

and i wasnt doing anything illigal at all.

yes you were. You and your buddy were possessing dope. That is illegal.

One other kid had a bag of pot in the car got arrested and they searched the car without any kind of paperwork or suspicion.

he had better than suspicion. He found drugs on you and your buddy. That is probable cause.

I think you watch too much television. Since he did not interrogate you, there was no need to read you your rights and he did not need any paperwork to be able to search your car.

 

[pogan]

I forgot to mention that at the time that a employee at the supermarket was working at the time pushing carts, and he witnessed the whole thing from the officer following us to putting on his lights and immediatly after that opening the door and pulling me out without identifying himself. The employee is more than happy to testify for me, does this help me out any?

 

[las365]

I forgot to mention that at the time that a employee at the supermarket was working at the time pushing carts, and he witnessed the whole thing from the officer following us to putting on his lights and immediatly after that opening the door and pulling me out without identifying himself. The employee is more than happy to testify for me, does this help me out any?

No. No, it does not.

 

[pogan]

So do i have any potential for beating this case? and can i sue for anything? I also failed to ask if they have to read you youre miranda rights? All i they said is " you have the right to remain silent, do understand? I said " i have been through this before". At the station they interrogated me, noone asked me to sign anything nor anythjng about miranda rights.

If this doesnt matter, Im still wondering if anyone can tell me how you can proove that they were read(just intrested im not going to try to make something up) and what could potentially happen if you can prooce this?

P.S. Last arrest was two years ago as a minor and got charged with loitering obtain cds.

 

[tranquility]

I'd get an attorney. While we have no idea why the stop or search, it is unlikely for cops to randomly do such things.

The best I think the OP can hope for is to not have his statement get in on his case in chief.

 

[pogan]

The best I think the OP can hope for is to not have his statement get in on his case in chief.

Can someone rephrase this for me?

 

[tranquility]

cuffed me and i was transported to the station.

This would be considered "custody".

. I was interrogated at the station

There was an interrogation.

When there is a custodial interrogation, Miranda is implicated. I don't know if you made a waiver by your statement:

All i they said is " you have the right to remain silent, do understand? I said " i have been through this before".

If you have an attorney, this will be litigated. I don't know if you will win. But, if you do, then they violated Miranda.

The penalty is they can't use your statement against you. However, depending on the exact circumstances, they MAY be able to use it to counter anything you might testify to. In other words, not in their case in chief, but in cross examination of you.

 

[HomeGuru]

I would like to hear the cops side of the story.

 

[pogan]

I would like to hear the cops side of the story.

As do I, but it takes them 5 business days till i can pick it up.

 

[HomeGuru]

As do I, but it takes them 5 business days till i can pick it up.

**A: you can wait right?

 

[asiny]

Anyone else notice how the OP changed their story a few times?
From this;

The officer ran up and threw me out of the car, he didnt say he was a officer or anything, had no reasonable suspicion, nor was he in a town cop car but a undercover.
....nor did i know it was a cop at the time, and i wasnt doing anything illigal at all.

To;

...he witnessed the whole thing from the officer following us to putting on his lights and immediatly after that opening the door and pulling me out without identifying himself.

So if the OP never knew it was a police officer... why stop at the appearance of some 'flashing lights'?
how did the 'cart-clerk' identify the police officer who was, clearly, in plain clothes and in an unmarked police vehicle?
Also;

I wasnt read my rights

Became;

All i they said is " you have the right to remain silent, do understand? I said " i have been through this before".

As tranquility said, your response 'could' be taken as a waiver of the rights.