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  1. #1
    Help3232 is offline Junior Member
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    When Arrested Cops didnt Read My Rights

    Wisconsin- So**************.... I got arrested on Saturday night early Sunday mourning 10/13-10/14 at approximately 4:30 am. The Police officers stopped me because I was in an area of a crime which I was at where some windows were knocked out and I got a party to the crime property damage and I didnít break any windows but I realize how I got this ticket but I told the officers some lies but (1st Question) this can't be used against me in court (true or False) if they didnít read me my rights when I got arrested? I also got a obstructing an officer can this be used against me in court?

    (2nd Question) Also When I got to jail they asked for my social security number and that is very private to me (considering my sister got her credit card used in Mexico) when I told them that the answer "No" the officer had a face like this guy is being uncooperative and sort of threatened(not much) that I was going to get in trouble so I was sort of forced into giving MY social security number out(Is this against my rights)?

    (3rd Question)any ways back to the situation my sister also was there and called my dad and my dad saw me getting taken away and I said Their is my dad and they said "step back sir we will be calling you or having your son call you in a while".. Remember I got arrested at 4:30 abouts I didnít get a hold of my dad till 10 am because my dad called down to the jail and ask if I was there and they had no choice but to let me have my one phone call 5 hours later(is this right)

    (4th Question) This is what I have been told maybe this is a lie but I talked to a guy that lives in the house and he said they told police they "did not" want to press charges then how could I get arrested.... The Landlord pressed charges but would any normal citizen that doesnít work 3rd shift be up at 4:30 in the mourning to press charges? The Landlord is a well respected citizen in the city of La Crosse and would probably be sleeping. So how could I get arrested without charges pressed that night (is that correct or are the kids saying they didnít but did)

    (5th Question) I did not blow in the breathalyzer and my dad called down when he was trying to find me and ask for my charges and said what where his charges they told him he asked if there was any alcohol involved and the officer replied "No" and then at around 12 noon Sunday they brought over a drinking ticket to my parents house and the officer that issued out the ticket I did not see at all. (is this sort of fishy and do I have to accept this ticket or do you think I could fight it)

    (6th and Final Question) When I talked to 2 of the kids yesterday they said that the police officer that issued out my drinking ticket(the one I never seen that night) said to the guys that they probably had been drinking but she is not going to test them or give them a drinking ticket. Can this happen. If this can happen how could I get issued out a drinking ticket with no probable cause) never asked if I drank just said blow in this tube and I said "NO".

    Charges:
    Dissordly Conduct
    Party to the Crime property damage(but no one got charged with property damage I was the Only one caught)
    Obstructing an Officer
    Drinking Ticket (third offence)

    Thank You for helping me out with this I got court on Tuesday 10/23/07 and hopefully you will get back to me before then. I appreciate everything you have done for me have a nice day.
    You can reach me faster at [email]chaingang3269@yahoo.com[/email] or myspace.com/megapwrs

    Thank You Once again
  2. #2
    moburkes is offline Senior Member
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    Quote Originally Posted by Help3232 View Post
    Wisconsin- So**************.... I got arrested on Saturday night early Sunday mourning 10/13-10/14 at approximately 4:30 am. The Police officers stopped me because I was in an area of a crime which I was at where some windows were knocked out and I got a party to the crime property damage and I didnít break any windows but I realize how I got this ticket but I told the officers some lies but (1st Question) this can't be used against me in court (true or False) if they didnít read me my rights when I got arrested? I also got a obstructing an officer can this be used against me in court? Most of that was one long run-on sentence that didn't make sense.

    (2nd Question) Also When I got to jail they asked for my social security number and that is very private to me (considering my sister got her credit card used in Mexico) when I told them that the answer "No" the officer had a face like this guy is being uncooperative and sort of threatened(not much) that I was going to get in trouble so I was sort of forced into giving MY social security number out(Is this against my rights)? No, it is not.

    (3rd Question)any ways back to the situation my sister also was there and called my dad and my dad saw me getting taken away and I said Their is my dad and they said "step back sir we will be calling you or having your son call you in a while".. Remember I got arrested at 4:30 abouts I didnít get a hold of my dad till 10 am because my dad called down to the jail and ask if I was there and they had no choice but to let me have my one phone call 5 hours later(is this right) Yes, this is legal.

    (4th Question) This is what I have been told maybe this is a lie but I talked to a guy that lives in the house and he said they told police they "did not" want to press charges then how could I get arrested.... The Landlord pressed charges but would any normal citizen that doesnít work 3rd shift be up at 4:30 in the mourning to press charges? The Landlord is a well respected citizen in the city of La Crosse and would probably be sleeping. So how could I get arrested without charges pressed that night (is that correct or are the kids saying they didnít but did) The police don't press charges. The DA does.

    (5th Question) I did not blow in the breathalyzer and my dad called down when he was trying to find me and ask for my charges and said what where his charges they told him he asked if there was any alcohol involved and the officer replied "No" and then at around 12 noon Sunday they brought over a drinking ticket to my parents house and the officer that issued out the ticket I did not see at all. (is this sort of fishy and do I have to accept this ticket or do you think I could fight it) Since I don't know what drinking has to do with the reason why you were stopped, I cannot answer that question.

    (6th and Final Question) When I talked to 2 of the kids yesterday they said that the police officer that issued out my drinking ticket(the one I never seen that night) said to the guys that they probably had been drinking but she is not going to test them or give them a drinking ticket. Can this happen. If this can happen how could I get issued out a drinking ticket with no probable cause) never asked if I drank just said blow in this tube and I said "NO". Well, it, apparently, DID happen.

    Charges:
    Dissordly Conduct
    Party to the Crime property damage(but no one got charged with property damage I was the Only one caught)
    Obstructing an Officer
    Drinking Ticket (third offence)

    Thank You for helping me out with this I got court on Tuesday 10/23/07 and hopefully you will get back to me before then. I appreciate everything you have done for me have a nice day.
    You can reach me faster at [email]chaingang3269@yahoo.com[/email] or myspace.com/megapwrs

    Thank You Once again
    We aren't going to respond by email. And, no, they are not required to read you your rights when you are arrested. Too much TV.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  3. #3
    Help3232 is offline Junior Member
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    huh

    No i mean the officers asked the kids if they want to press charges and the kids said "No" so why was i arrested?

    also They do have to read rights they can't just arrest me under my own will ya know they didnt say anything they just locked me in cuffs. didnt tell me what for or anything
  4. #4
    moburkes is offline Senior Member
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    Quote Originally Posted by Help3232 View Post
    No i mean the officers asked the kids if they want to press charges and the kids said "No" so why was i arrested?

    also They do have to read rights they can't just arrest me under my own will ya know they didnt say anything they just locked me in cuffs. didnt tell me what for or anything
    Kids don't press charges either.

    They are only required to read you your rights before they question you. Nothing in your post indicates that they questioned you. In any case, even if they didn't inform you of your rights, they could still question you, but the results of that questioning will not be admissable in court.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  5. #5
    moburkes is offline Senior Member
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    Here is some reading to keep you busy. I'll accept your apology whenever you're ready to give it.

    [url]http://www.nolo.com/article.cfm/objectId/8B6A7AA5-700E-4A9B-9CF45606F6E4A635/catID/268BB6A8-8884-4677-89869B6AD8A75ADA/104/143/127/ART/[/url]


    [url]http://www.usconstitution.net/miranda.html[/url]
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  6. #6
    CdwJava is offline Senior Member
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    Quote Originally Posted by Help3232 View Post
    but I told the officers some lies but (1st Question) this can't be used against me in court (true or False) if they didnít read me my rights when I got arrested? I also got a obstructing an officer can this be used against me in court?
    Unless you were under arrest when the questions were asked, they likely CAN be used against you. If they simply had you detained while investigating the crime, they almost certainly will be able to use the statements against you.

    Speak with an attorney who can evaluate the totality of the case against you.

    (2nd Question) Also When I got to jail they asked for my social security number and that is very private to me (considering my sister got her credit card used in Mexico) when I told them that the answer "No" the officer had a face like this guy is being uncooperative and sort of threatened(not much) that I was going to get in trouble so I was sort of forced into giving MY social security number out(Is this against my rights)?
    There are some valid reasons for providing this upon arrest - not the least of which has to do with your receipt of benefits while in custody.

    You say the officer had a "face" that somehow intimidated you. Did he threaten or coerce you into providing your social security number? if not, then his "face" is irrelevant and you provided it voluntarily.

    (3rd Question)...Remember I got arrested at 4:30 abouts I didnít get a hold of my dad till 10 am because my dad called down to the jail and ask if I was there and they had no choice but to let me have my one phone call 5 hours later(is this right)
    Sometimes the booking process takes a while. 5 hours is a little long, but not necessarily unreasonable. There might also be reasons for NOT allowing the call. You will have to speak to a local attorney to see if you have a potential claim against the jail.

    (4th Question) ...So how could I get arrested without charges pressed that night (is that correct or are the kids saying they didnít but did)
    An arrest requires probable cause to believe a crime was committed. A landlord or someone else might have signed a citizen's arrest, or they might have indicated a desire to pursue a complaint. On the other hand, they might have just articulated a crime to the police and the police pursued the matter.

    Again, an attorney will be needed to evaluate the situation.

    (5th Question) ... at around 12 noon Sunday they brought over a drinking ticket to my parents house and the officer that issued out the ticket I did not see at all. (is this sort of fishy and do I have to accept this ticket or do you think I could fight it)
    You will still have to answer the charges whether you "accept" the ticket or not. You can plead guilty or not guilty - your choice.

    (6th and Final Question) ...If this can happen how could I get issued out a drinking ticket with no probable cause) never asked if I drank just said blow in this tube and I said "NO".
    If you had blown, you might have been able to beat the charge ... if you hadn't been drinking.

    Probable cause is a low level of proof. You said you were arrested for property damage. Now it appears they have added on inebriation as well. For that all they need is impairment and alcohol consumption. You can refute each of the charges in court.

    Here is a definition of Probable Cause as used in CA (from state and federal case law):

    "Probable cause" to arrest (1) requires more than the "reasonable suspicion" necessary for a detention and (2)is essentially the same as the "probable cause" required to obtain an arrest warrant or a search warrant. (Campa (1984) 36 Cal.3d 870, 879; Gorrostieta (1993) 19 Cal.App.4th 71, 84.)

    Whether "probable cause" exists depends upon the reasonable conclusions that can be "drawn from the facts known to the arresting officer at the time of the arrest." (Devenpeck v. Alford (2004) 543 U.S. 146, 152; Pringle (2003) 540 U.S. 366, 371.) "Probable cause" exists when the totality of the circumstances would lead a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime. (Price (1991) 1 Cal.4th 324, 410; Kraft (2000) 23 Cal.4th 978, 1037; Charles C. (1999) 76 Cal.App.4th 420, 423.) "[S]ufficient probability, not certainty, is the touchstone of reasonableness under the Fourth Amendment." (Garrison (1987) 480 U.S. 79, 87.)

    Your training and experience are relevant to a determination of probable cause. (Guajardo (1994) 23 Cal.App.4th 1738, 1742; Gonzales (1989) 216 Cal.App.3d 1185; Rosales (1987) 192 Cal.App.3d 759; Hayes (9th Cir. 2001) 236 F.3d 891, 894.) However, "an arresting officer's state of mind (except for the facts he knows) is irrelevant to the existence of probable cause." (Devenpeck v. Alford (2004) 543 U.S. 146, 153, added emphasis.)

    Probable cause is NOT a high buirden of proof. One can be justly arrested with good probable cause but not convicted. Even if charges are not filed, it does not mean that no probable cause existed to substantiate an arrest.


    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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