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MIP and 148 PC am I guilty and do I have a case

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AKAzaps

Junior Member
What is the name of your state? CA
in May I received a ticket for (M) 148 (a) (1) resist a peace officer and (I) 25662 (a) B&P minor in possession of alcoholic beverage. I was attending a concert at UCSD in May. There were many people drinking at this particular concert. There were intoxicated students everywhere causing cammotion. I was sitting on a bench talking with my friend when three large men came up to me flashed me a strange looking badge and identified themselves as officers. They asked me what the drink sitting next to me was. There were tons of bottles and cans everywhere because this was a very large event but I knew the bottle next to me contained alcohol so I told the men what it was. The bottle was placed there by a friend, I had not been drinking it nor was it my posession. They then asked me to come with them. I was a little hesitant because I knew the badge they showed me was not a police badge and thought this might be some kind of scheme to take advantage of college girls. I stepped away from my friend with them and they started asking me personal questions like my address and license number. They said I was a minor in posession and I was getting a ticket however I did not see any ticket papers or uniformed police officers. I was hesitant to give any information and very frightened. The men then started threatening to take me away and put me in jail. I freaked out and started to fear rape and other horrible things that three large men could do to a young girl. I sought to hurry back to my friends for safety when all three men chased me, violently tackled me to the ground, pushed my face into the cement and started verbally abusing me by saying things like " You stupid bitch, shut the **** up, now your going to ****ing jail." I'm a 19 year old girl of 5 foot 3 inches and 117 pounds and I never returned any verbal abuse. I hardly beleive any of those actions were necessary by three large men. the verbal abuse continued until they dragged me into the basement where there was a police station set up. they then put my handcuffs on so tight that my wrists ached and would not loosen them eventhough I begged and cried. Everyone time I tried to talk they told me to "shut the **** up." They then started to threaten me with descriptions of the cavitiy searches i would receive in jail and taking off my jewelry saying "you wont need these in jail." after all this the officers let me go with a ticket for minor in possession and resisting a peace officer. I was not intoxicated nor was I in posession of the beverage. I also resisted the officers out of pure fear and poor identification on the officers part. I was wondering if these are legitimate arguements for these charges and if the officers were in violation of their authority for doing what they did to me. Is it possible to fight any of these. I would appreciate any information anyone could give me on this....thanks!!
 


TYRIS

Member
AKAzaps said:
What is the name of your state? CA
in May I received a ticket for (M) 148 (a) (1) resist a peace officer and (I) 25662 (a) B&P minor in possession of alcoholic beverage. I was attending a concert at UCSD in May. There were many people drinking at this particular concert. There were intoxicated students everywhere causing cammotion. I was sitting on a bench talking with my friend when three large men came up to me flashed me a strange looking badge and identified themselves as officers. They asked me what the drink sitting next to me was. There were tons of bottles and cans everywhere because this was a very large event but I knew the bottle next to me contained alcohol so I told the men what it was. The bottle was placed there by a friend, I had not been drinking it nor was it my posession. They then asked me to come with them. I was a little hesitant because I knew the badge they showed me was not a police badge and thought this might be some kind of scheme to take advantage of college girls. I stepped away from my friend with them and they started asking me personal questions like my address and license number. They said I was a minor in posession and I was getting a ticket however I did not see any ticket papers or uniformed police officers. I was hesitant to give any information and very frightened. The men then started threatening to take me away and put me in jail. I freaked out and started to fear rape and other horrible things that three large men could do to a young girl. I sought to hurry back to my friends for safety when all three men chased me, violently tackled me to the ground, pushed my face into the cement and started verbally abusing me by saying things like " You stupid bitch, shut the **** up, now your going to ****ing jail." I'm a 19 year old girl of 5 foot 3 inches and 117 pounds and I never returned any verbal abuse. I hardly beleive any of those actions were necessary by three large men. the verbal abuse continued until they dragged me into the basement where there was a police station set up. they then put my handcuffs on so tight that my wrists ached and would not loosen them eventhough I begged and cried. Everyone time I tried to talk they told me to "shut the **** up." They then started to threaten me with descriptions of the cavitiy searches i would receive in jail and taking off my jewelry saying "you wont need these in jail." after all this the officers let me go with a ticket for minor in possession and resisting a peace officer. I was not intoxicated nor was I in posession of the beverage. I also resisted the officers out of pure fear and poor identification on the officers part. I was wondering if these are legitimate arguements for these charges and if the officers were in violation of their authority for doing what they did to me. Is it possible to fight any of these. I would appreciate any information anyone could give me on this....thanks!!


-Getting rid of the MIP is hard to say. It will depend on what the Officers articulate in their report (ie: did they ever see you holding it? etc.). You stated that you new what was in the bottle.

Getting rid of the 148 will be harder. From reading your post..you ran after being detained... or at least attempted to. I would have tackled you too....more than likely I would have tasered you for running.

You state that you knew that the badge they showed was not a "real" badge. How did you know? What did it look like? Obviously it was "real" because you were arrested.

I won't speculate on the Officer's language, I wasn't there. But even if they did use innappropriate language it will not have a factor in your charges.





Tyris
 

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