got a court date commin up could use some help....?

What is the name of your state: Michigan
here are the rights i feel were violated
- Never read us our Miranda rights or officially put us under arrest
- Never gave us a phone call
- Never asked our consent to search us or the car
- Asked David personal questions about his father
- Never told us what we were arrested for
- Falsely put me under arrest for possession when the marijuana was never in my possession

are any of these rights constitutionlized where i could bring them up in court and hope it at least looks good if not gets dissmissed?

got alot more information if at all you could help please contact me and ill let you know the whole situation from begining to end.
please and thanks

We can't answer the question without a brief rundown of what happened.

rights

I found my answers on the internet type in civil rights undersearch for links aclu is a good site

¤follow up¤

ok heres the situation as it happened to give more indepth anyalizsis(<--- dont know how to spell that word but oh well sounds good though lol)

On Thursday April 17th 2003 at approximately 10:50 P.M. I was arrested on the following charges -

· Possession of Marijuana

Situation prior to arrest: Me (back passenger side seat) my cousin (passenger seat) and my friend (the driver in my cousin's car) were driving down Newburg towards Wayne rd while my cousin was rolling up the weed on a map when police officer’s Todd and Adams made a U-turn and followed us until we were almost to Wayne road they turned on their lights and we pulled over into the CVS parking lot. They approached the car asked for license and registration My friend not having his license and it being suspended they took him out of the car and searched him. Officer Todd and Adams already knew who he was they asked about his dad which I found out that night that the cops abused his dad a while ago. After about five minutes with my friend already in the cop car the officers returned to the car and asked me and my cousin to step out so we did so. While one of the officers were talking to me and my cousin they started to search the car after searching us with out our consent (I don’t know much about the law but I do believe that violated our rights right there) about 2 minutes into their search of the car before they found the Marijuana they hand cuffed me and my cousin together. About a minute and a half after that they found the Marijuana and started badgering my cousin to find out who it belonged to (I have been told im not sure if its right or not but that if the weed is in the car it’s the owner of the car who has possession not the person it rightfully belongs to unless its on them) after telling my friend that we were trying to put the blame on him for the weed they asked my cousin only who’s it was and he just said im not here to rat anybody out. They told us that if no one came forth to owning up to it they would take us down to the station and have blood work done on us and who ever had any trace of THC in there system was going to jail. After interrogating my cousin with me hand cuffed to him for approximately five minutes they asked one more time is it my friends my cousin replied “no” the officer looked at me and asked my cousin if it was mine when my cousin replied “Im not here to rat anybody out” and my cousin just dead looked at me so I said “Yes its mine” the officer asked “why’d it take so long to answer that question” I replied “Sir this is my first offense….” Trying to finish what I was saying he walked away from me the other officer escorted us to the cop car. We were placed in the cop car and it looked to me like they were writing a ticket. I soon found out we were going to jail only when the tow truck came. The officers never told us we were under arrest or read us our rights they just drove us to the police station right after the tow truck got there.

Situation after arrest: After we got out of the police car and entered into the police station they did their procedural duty and executed our arrest. They took our finger prints, got our full names our mothers full names, age, weight, height, searched us again this time thoroughly. They took our belongings and so forth. About an hour later they put us in a holding cell never gave us our one phone call for anything yet they told us how much our bail was. They never told us what we were under arrest for but they told us why they pulled us over in the first place which was the driver didn’t have a seat belt on. After being in the holding cell for over an hour all three of us they moved my friend to his own cell. All three of us didn’t know our fate until the next morning Friday april 18th about 8 A.M. when they took us to the court for our arraignment. They gave me and my cousin Shawn a court date and let us go but they kept my friend and sent him to Dickerson county jail.


OVER VEIW of VIOLATED RIGHTS


q Never read us our Miranda rights or officially put us under arrest
q Never gave us a phone call
q Never asked our consent to search us or the car
q Asked my friend personal questions about his father
q Never told us what we were arrested for
q Falsely put me under arrest for possession when the marijuana was never in my possession

The only advice I'll give after reading that

is to quit watching so much television. What you feel about your rights and the supposed violations are horse pucky.

The police have a right to search the auto incident to an arrest.

They, as you said in your post, executed the arrest at the police station.

You are not automatically allowed a phone call but can request one which, from your post, you never did.

And you spend one night in jail. This could have happend on a friday night and then you'd have spent three days in jail waiting for arriagnment.

gee..ummm...thanks i guess???

ok i asked for your help not for your personall opinion. Because 1: you werent there you dont know how it went down
2: the cops searched the car befor they arrested us with out asking our permission
3: I almost spent 4 nights in jail because it was a holiday weekend but i was fortunate to have the judge stay just for us for 2 hours
4: I'd ask you to never post your "personall opinion" on my POST ever again.
if you have something to say keep it to your self unless its going to help me!!!

What part of dumbass don't you understand?

O.K. I'll try to speak slowly so that you'll understand.

2: the cops searched the car befor they arrested us with out asking our permission

Click to expand...

The police do not need your "PERMISSION" to search a vehicle incident to an arrest, even if that arrest never takes place. I don't care what television show, book or back alley you got your 'information' from, you're going to lose on this one.

3: I almost spent 4 nights in jail because it was a holiday weekend but i was fortunate to have the judge stay just for us for 2 hours

Click to expand...

Almost only counts in hand grenades. What you "almost" got isn't relevant as is most of your post. What you did was spend a few hours in a holding cell until your arragnement.

4: I'd ask you to never post your "personall opinion" on my POST ever again.

Click to expand...

And I'd ask you to get a clue but we're both probably never going to get what we want.

if you have something to say keep it to your self unless its going to help me!!!

Click to expand...

Well duh! The only advice anyone is going to give you that might soak through your thick head is to KEEP YOUR MOUTH SHUT! You of so many "Rights" forgot the one thing that might have kept you out of the holding tank, and that is "NEVER admit to anything without the advice of an attorney"

Just in case you have never read a reply from me before, I'll let you in on a little secret. (and you can check this with the others here). I am probably the most liberal person who will waste the time to reply to you. Even so, I don't suffer fools lightly. Especially ones who "Know their rights" but don't have a clue about the law.

Police need "reasonable suspicion" of a vehicle code violation or a crime to stop a car. Not wearing a seat belt is a vehicle code violation, so the police were justified in stopping the car in the first place.
They also came upon the marijuana legally: because your friend was unable to produce a valid driver's license, the police could lawfully search the car without consent either incident to his arrest or as an inventory search before towing the car. They were also justified in removing you from the car, and once they remove you from the car, for officer safety they could pat you down. It looks like there was no search and seizure violation.

You might have an argument that your admission should be suppressed (=can't be used in court against you) because you were not read your rights and were being questioned while in custody, i.e. handcuffs, but a court might find that you were just being detained with the handcuffs and were therefore not entitled to Miranda warnings. If your admission is suppressed, the prosecution probably would not have enough evidence to show the marijuana was yours, but with it, they do.

¤THANKS¤

I'd like to thank both of you that replyed with something of some use. Both hexeliebe & calatty (even though hexeliebe could have been a little less ignorint and a little nicer i still thank you for at least attempting in your own way to help). Never the less thanks for your support and (cough cough) enthusiasim ( hexeliebe). I dont know much about the law and thats why i came here. The rights i "thought" were violated i didnt know if that was right or not and thats what i was asking about. I guess i shoulda payed more attention in law class (the two times i took it). Anyways ill keep it short i just wanted to thank both of you.

If you think I'm bad, you should have had Professor Henry Jones of the University of Missouri Law School....

Not only would he dress you down in front of the whole class for not doing your assigned reading, but if you ever sported an opinion that you couldn't back up with FACTS, he'd fry you.

That's where I learned never to suffer fools or people too lazy to learn. At least it's nice to know that you have some intelligence to recognize when it's time to learn more.

Now I hope you go do just that, because the best lessons are those life bites us in the ass with. Ask me, I KNOW :O And that, my friend, comes from spending a week in a rural Iowa jail cell being charged with transporting 1/4 lb of cocaine in 1982

lol~

Man that would suck being charged with possession of 1/4 lb of coke whooo and i thought what i did was bad man lol. Yeah well im only 17 and im going to be a senior next year in school the only law class i have is buiness law and the teacher even though he's really cool he's an ass to me. He teach's only from the book because he has no ideal exactly what the law is. Its nothing that could help me in this situation. But after getting in all this trouble i have learned alot more about the law then i would have ever imagined. Like with the statue of liberation of michigan i thought if you had warrents or charges after 7 years its totally droped but what i found out is if you have a warrent that sticks with you untill you turn your self in. hmmm weird. That and alot of other stuff. I dont like my attorny really its nice that she's helping me but she's not for criminal defense of this kind she doesnt really care ive only talked to her twice and she hasnt really told me anything besides that she changed my plea from guilty to not guilty. Ive never seen her or alone met her. Almost all my friends had this same thing happen to them with possession and they got anywhere from 8-11 months probation with community service and drug screening i did another one of those no no's you just taught me about by "THINKING" lol and figured an attorny would at least lessen my sentence or what ever but she said she talked to the probation department and they already know what there pretty much going to do with me and thats a year probation with no community service and all fines well i was almost positive id get all fines but not more probation the any of my friends that didnt have an attorny. Man now if i got caugth with what you got charged with id be ****tin my pants right now.
well nice to hear from you again. and again thanks