Open Container Alcoholic Beverage

[SunnySouthFLori]

What is the name of your state? Florida

Hello, My husband was late coming home the other night because he had been handcuffed and threatened with arrest if it did not sign a paper, which he neither read nor received a copy of. The police officer was extremely rough with him and left marks on his wrists from the handcuffs, despite the fact that he offered no resistance. The officer proceeded to search his car without permission, which I assume is legal?

My husband had just left a Publix and proceeded to open a bottle of beer in his car when the officer, who was undercover, jumped at him and accused him or having drunk the beer and throwing litter on the ground. My husband never got a chance to drink the beer. The officer took the beer, poured it out and said he was keeping the bottle as evidence. He proceeded to issue him a ticket for littering - which was completely untrue. He also gave him an Arrest/Notice to Appear.

My husband was particularly upset by the rough treatment he received, being thrown against his car and tightly handcuffed. Not to mention the group of onlookers that was attracted to the scene. Even the other lower ranking officers who were called in for backup shook their heads in disbelief at the absurdity of the arresting officer.

I researched this officer in the circuit court records and discovered that he has been sued in the past for injury to another. This made me very concerned. I question whether this officer’s actions were legal and if these minor violations, which I assume will result in nothing more than fines, are worth pursuing with an attorney?

Thanks so much!

[Caveman]

Are either your husband or the police officer late for our clan meeting?


I had the roast duck and mango salsa waiting, this is such bad manners.

[JETX]

[quote=SunnySouthFLori]
OH, jeeze, here we go again.... another 'angel' in trouble.

Hello, My husband was late coming home the other night because he had been handcuffed and threatened with arrest if it did not sign a paper, which he neither read nor received a copy of.

How do you KNOW that??? Clearly, from your post, you were NOT there... nor did you see any of this!!!
And why didn't the idiot read the 'paper' before he signed it??

The police officer was extremely rough with him and left marks on his wrists from the handcuffs, despite the fact that he offered no resistance.

Yeah, right!! And again, how do you KNOW this to be the case??

The officer proceeded to search his car without permission, which I assume is legal?

Yep.

My husband had just left a Publix and proceeded to open a bottle of beer in his car when the officer, who was undercover, jumped at him and accused him or having drunk the beer and throwing litter on the ground. My husband never got a chance to drink the beer.

Not relevant. It is called an OPEN CONTAINER law for a reason. There is no 'I didn't get a chance to drink' defense.
And again, how do you KNOW that the officer "jumped at him"?? Remember, you were NOT there... and have NO direct knowledge of the FACTS!!

The officer took the beer, poured it out and said he was keeping the bottle as evidence. He proceeded to issue him a ticket for littering - which was completely untrue.

Again, you were NOT there.... so you have NO idea what the TRUTH is!!

My husband was particularly upset by the rough treatment he received, being thrown against his car and tightly handcuffed. Not to mention the group of onlookers that was attracted to the scene. Even the other lower ranking officers who were called in for backup shook their heads in disbelief at the absurdity of the arresting officer.

Again, all crap without ANY ACTUAL knowledge.

I researched this officer in the circuit court records and discovered that he has been sued in the past for injury to another. This made me very concerned. I question whether this officer_s actions were legal and if these minor violations, which I assume will result in nothing more than fines, are worth pursuing with an attorney?

You are certainly free to go talk to any attorney you want... but from your post, it doesn't look to me like you have hit the 'legal lottery' as you clearly presume.

Oh, and guess what... you have NO standing in any of this... so your husband would have to be the one who goes out and gets an attorney.... and would have to give the REAL version of all this.

[BelizeBreeze]

Originally Posted by SunnySouthFLori

I researched this officer in the circuit court records and discovered that he has been sued in the past for injury to another. Thanks so much!

The only police officers I have know who NEVER had a complaint filed against them or some other type of crap are the ones in Dunkin' Donuts commercials

[AHA]

Originally Posted by SunnySouthFLori

What is the name of your state? Florida

Hello, My husband was late coming home the other night because he had been handcuffed and threatened with arrest if it did not sign a paper, which he neither read nor received a copy of. The police officer was extremely rough with him and left marks on his wrists from the handcuffs, despite the fact that he offered no resistance. The officer proceeded to search his car without permission, which I assume is legal?

My husband had just left a Publix and proceeded to open a bottle of beer in his car when the officer, who was undercover, jumped at him and accused him or having drunk the beer and throwing litter on the ground. My husband never got a chance to drink the beer. The officer took the beer, poured it out and said he was keeping the bottle as evidence. He proceeded to issue him a ticket for littering - which was completely untrue. He also gave him an Arrest/Notice to Appear.

My husband was particularly upset by the rough treatment he received, being thrown against his car and tightly handcuffed. Not to mention the group of onlookers that was attracted to the scene. Even the other lower ranking officers who were called in for backup shook their heads in disbelief at the absurdity of the arresting officer.

I researched this officer in the circuit court records and discovered that he has been sued in the past for injury to another. This made me very concerned. I question whether this officer’s actions were legal and if these minor violations, which I assume will result in nothing more than fines, are worth pursuing with an attorney?

Thanks so much!

If you want to get rich do the following:

Buy a lottery ticket and hope for the best
Marry a millionaire who is on the brink of death
(Maybe) work, work, work, work and work some more.

No one gets rich sitting at home suing everyone they come in contact with.

[Ohiogal]

Originally Posted by AHA

If you want to get rich do the following:

Buy a lottery ticket and hope for the best
Marry a millionaire who is on the brink of death
(Maybe) work, work, work, work and work some more.

No one gets rich sitting at home suing everyone they come in contact with.

And to add to the bolded:
And then when said millionaire dies, you can get sued by his son and end up in the US Supreme Court before the justices and still not get money but get a heck of a lot of media play!

[gawm]

Originally Posted by Caveman

Are either your husband or the police officer late for our clan meeting?


I had the roast duck and mango salsa waiting, this is such bad manners.

You seen one too many Geico commercials!

[Caveman]

Originally Posted by gawm

You seen one too many Geico commercials!

Haven't we all, they are insulting to my species and I personally think [URL="This Guy"][URL="http://images.usatoday.com/life/gallery/mascots/03-11-gecko.jpg"]This Guy[/URL][/URL] is getting annoying.

Let us just hope he does not find this forum I will really lose my appetite.