underage consumption and possession of someone elses i.d.

What is the name of your state? Mankato, MN

heres some background, 20 yr old male starting junior year at MSU. i have one underage drinking ticket from WI from last fall.

last fri night, i was outside an apartment when several police officers came around the corner. when i saw that i started to walk inside and then ran. by the time i was at the top of the steps, two police officers were on top of me and had my hands behind my pack and pushing me into the ground. i did not resist detaining at all. they tried tazering me when i was down but luckily the cartridge fell out of their gun. the cop was telling me i was going to be spending a night in jail. well, he took me outside and sat me down. he then stood me up and took my wallet out of my pocket without asking becuase my hands were cuffed. when he looked through my wallet, he found my brothers ID, which he is 22. he later gave me a breathalizer and i blew a .016 and he never asked if i had anything to drink. during this process of detaining me, he also pushed a girl into the door. also outside, the officer kicked a 21+ kid in the leg becuase he wasnt walking away quick enough. anyways, after he took my ID i told him i had a knife on me. it is completely legal, but i thought i would tell him anyways. so he took it and i asked to give it back after i recieved my ticket.

in the end i got a underage consumption ticket and a possession of someone elses ID. can you guys help me reduce or get out of any of these.
by the way i had 1 and a half beers
thanks

Why do I have a feeling there's MUCH more to this story than we're being told...

Pay the tickets...you were in possession of an ID that didn't belong to you--one would only assume it's because you resemble your brother thus allowing you to slip into bars...and had consumed alcohol and you're not 21.

you are getting the whole story....... my main question is if he had the right to take my wallet out of my pants without me giving permission. about 4 other people recieved tickets as well.

you are getting the whole story....... my main question is if he had the right to take my wallet out of my pants without me giving permission. about 4 other people recieved tickets as well.

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Thank you for shortening that up. The answer is yes, they can.

buz0340 said:

you are getting the whole story....... my main question is if he had the right to take my wallet out of my pants without me giving permission. about 4 other people recieved tickets as well.

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Obviously you were under arrest. They have a right to search you incident to the arrest and in so doing they found the false ID. Oops!

And there MUST be more to the story ... they wouldn't consider using the taser on you simply for being a butthead. My guess is that you faile dto comply with their orders, or, you squared off against them.

Gosh! I can't wait til we get those things!

Carl

alright lets see here. no i was not placed under arrest, they just handcuffed me. they never gave me my rights or said they were placing me under arrest. after they wrote the tickets, they released me. this is the whole story i tried walking to the door and then ran up the steps and they jumped on me. i didnt resist at all!!! i am 135lb. i cant fight against two officers 200lbs plus. they also never addresssed themselves as police officers when they came in.

one more question....does the officer file a report at the police station that i can look at that has further detail to the situation or not?

buz0340 said:

one more question....does the officer file a report at the police station that i can look at that has further detail to the situation or not?

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**A: why would you need to look at the report?

buz0340 said:

alright lets see here. no i was not placed under arrest, they just handcuffed me. they never gave me my rights or said they were placing me under arrest. after they wrote the tickets, they released me. this is the whole story i tried walking to the door and then ran up the steps and they jumped on me. i didnt resist at all!!! i am 135lb. i cant fight against two officers 200lbs plus. they also never addresssed themselves as police officers when they came in.

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From your original post you said that you ran when you saw the two police officers ... obviously you knew they were police officers, so that dog just don't hunt. We don't have to yell that we are police officers while chasing people - especially if we are in uniform.

I suppose you will have to read the police report (if you can get it .. chanecs are you will have to retain an attorney first) to know what their side of the story was.

Carl

no i was not placed under arrest, they just handcuffed me

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Ah yes, back to the reasonable person standard.

Would a reasonable person in your same situation feel that he was under arrest if he was just pursued by the police, taken to the ground, and placed in handcuffs?

I think you already know the answer.

they never gave me my rights

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Were the police asking incriminating questions of you in order to try and obtain an admission to criminal activity?

If not, they don't need to.

Turn off NYPD Blue once in awhile.

alright.....whats this reasonable person standard you guys are talking about?
how about some basics questions like whats going to happen at court? what should i bring?

buz0340 said:

alright.....whats this reasonable person standard you guys are talking about?
how about some basics questions like whats going to happen at court? what should i bring?

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Basically it is comon sense, look it up on the internet.

well i met with an attorney yesterday and he said that the police had no right to pull a tazor on me. nor be as rude as they were. i also found out that the p.b.t are not permissable in court, but only to say that i was drinking, but not how much. he also said the officer did not have the right to take my id and he said there is nothing against the law to run. he said if the officers were just walking around and i ran, theres nothing wrong with that. but if they came to where i was because they had a report of underage drinking or loud music or something, then they can run me down. the attorney said i should try to get a plea agreement with the prosecutor. something like ill plead guilty to the underage consumption ticket if they drop the possession of someone elses id

CdwJava said:

Obviously you were under arrest. They have a right to search you incident to the arrest and in so doing they found the false ID. Oops!

And there MUST be more to the story ... they wouldn't consider using the taser on you simply for being a butthead. My guess is that you faile dto comply with their orders, or, you squared off against them.

Gosh! I can't wait til we get those things!

Carl

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It wasn't a false ID according to the original post. Mere possession of your brother's ID isn't illegal, perhaps the poster falsely claimed the ID was his?

If a person starts running off as soon as he sees a cop, then the cop would know you have something to hide(gun or drugs for example) and therefore should have every right to chase you down and find out why you tried to escape from them.

I sure didn't know it was legal to carry a knife??????

Not EVERYTHING EVERY lawyer tells you is cut in stone. There's never a sure thing when it comes to the courts, it's not up to your lawyer to decide your fate, that's the judge and/or jury's job.