What is the name of your state? Florida
Happened in the state of Florida, in Clay county. My parents are originally from Hillsborough county.
My parents have been living in SC for the past 13 months in their RV and were coming home Christmas eve. My dad was in their RV and my mom was following him in their truck. My dad was pulled over because the recent sticker on their tag had fallen off and the state trooper thought it had expired. When he pulled my dad over, my mom pulled over also to see what was going on.
The officer ran the tag and saw that it wasn't expired. He then ran my dads background and my moms background. My dad is a convicted felon, he was a bad guy when he was younger, fought cops and things like that. My mom dealt marijuana about 5-6 years ago and was arrested twice for it. The cop wrote a warning on the tag and then said that he wanted to search the vehicles. My dad objected for well over an hour and finally let him go ahead and search my moms truck, and the cop found nothing except my moms pistol. He then started harassing my dad into getting him to search the RV. My dad objected to that for awhile also, and the cop just kept going at him, coercing him into it. Finally, my dad said, "If I don't let you, you're going to get a dog anyway right?" The cop shrugged and my dad basically told him, "If I have no other choice, go for it." He then admitted that he had under 2oz of weed and a rifle in the RV.
Before any of this was admitted though, the cop kept shutting them into his car and not letting them out, and questioning them over and over. The cop went into the RV and found the weed and rifle exactly where my dad told him it was. He confiscated both of those items and began filling out the paperwork. He wrote on the paperwork that it was 1/2lb-1lb of marijuana and that there was a charge of "possesion of a firearm while commiting a felony." My dad told him there was no way it was 1/2lb - 1lb of weed, he bought it at 2oz and had been using it, so there was no way it was that much.
The cop arrested my father and locked him into the car and continued questioning him. He also questioned my mother more and then gave her pistol back to her, but he put it in the RV, which is where the original "crime scene" was. He also asked her if she was suicidal, to which my mom promptly answered no. He didn't tell her to not go in the RV or anything along those lines, he said he was letting them keep the RV since it was their home and he didn't want them to lose it. He then got into the car and questioned my dad more.
My mom had to go into the RV at this time to get her dog's leash. As soon as my mom walked into the car, the officer told my father "Sure hope she's not suicidal" and pulled his gun out. My dad assured him that she was doing something for the dog, she was not getting the gun. The officer continued to make comments about my mother being suicidal while fingering his gun the whole time. After my mother came out, the officer was ready to take my dad to jail. He pulled up beside my moms truck, let her give my dad a kiss and tell him bye. He then drove off and as they were driving, he told me dad to give him his cellphone number.
Once my dad did that, the officer called my mother, supposedly to see if she was okay. My dad was then taken to jail and booked. It wasn't until the next morning before he was to see the judge, that he was read his miranda rights. The judge set bond for him at $5,003 and my dad got a bail bond to get out. Once he was out, they brought him home.
Here are my questions:
Did the officer have the right to run my mothers history and search her vehicle on account of that, even though she was not the one he pulled over?
Did the officer have probable cause to search either vehicle?
The officer never weighed the marijuana or had my dad agree to how much he though it weighed, was that legal?
Was the officer supposed to read EITHER of my parents their miranda rights since he was detaining them, questioning them, and not allowing them to leave?
Was the officer correct in putting the pistol BACK into the RV, which he knew only my father could drive, technically giving my father possesion of the gun again, after taking out the rifle and confiscating it?
Did the officer have any right to detain my mother and question her like that, even though she was not the one in question?
After the officer began detaining them, are any statements my parents made valid in a court of law since they did not get their miranda rights? Especially my mothers, what would be the case with anything she said?
I'm sure I have many more, but those are the main ones at the moments. Thank you for reading and thank you for any advice you can give.
Happened in the state of Florida, in Clay county. My parents are originally from Hillsborough county.
My parents have been living in SC for the past 13 months in their RV and were coming home Christmas eve. My dad was in their RV and my mom was following him in their truck. My dad was pulled over because the recent sticker on their tag had fallen off and the state trooper thought it had expired. When he pulled my dad over, my mom pulled over also to see what was going on.
The officer ran the tag and saw that it wasn't expired. He then ran my dads background and my moms background. My dad is a convicted felon, he was a bad guy when he was younger, fought cops and things like that. My mom dealt marijuana about 5-6 years ago and was arrested twice for it. The cop wrote a warning on the tag and then said that he wanted to search the vehicles. My dad objected for well over an hour and finally let him go ahead and search my moms truck, and the cop found nothing except my moms pistol. He then started harassing my dad into getting him to search the RV. My dad objected to that for awhile also, and the cop just kept going at him, coercing him into it. Finally, my dad said, "If I don't let you, you're going to get a dog anyway right?" The cop shrugged and my dad basically told him, "If I have no other choice, go for it." He then admitted that he had under 2oz of weed and a rifle in the RV.
Before any of this was admitted though, the cop kept shutting them into his car and not letting them out, and questioning them over and over. The cop went into the RV and found the weed and rifle exactly where my dad told him it was. He confiscated both of those items and began filling out the paperwork. He wrote on the paperwork that it was 1/2lb-1lb of marijuana and that there was a charge of "possesion of a firearm while commiting a felony." My dad told him there was no way it was 1/2lb - 1lb of weed, he bought it at 2oz and had been using it, so there was no way it was that much.
The cop arrested my father and locked him into the car and continued questioning him. He also questioned my mother more and then gave her pistol back to her, but he put it in the RV, which is where the original "crime scene" was. He also asked her if she was suicidal, to which my mom promptly answered no. He didn't tell her to not go in the RV or anything along those lines, he said he was letting them keep the RV since it was their home and he didn't want them to lose it. He then got into the car and questioned my dad more.
My mom had to go into the RV at this time to get her dog's leash. As soon as my mom walked into the car, the officer told my father "Sure hope she's not suicidal" and pulled his gun out. My dad assured him that she was doing something for the dog, she was not getting the gun. The officer continued to make comments about my mother being suicidal while fingering his gun the whole time. After my mother came out, the officer was ready to take my dad to jail. He pulled up beside my moms truck, let her give my dad a kiss and tell him bye. He then drove off and as they were driving, he told me dad to give him his cellphone number.
Once my dad did that, the officer called my mother, supposedly to see if she was okay. My dad was then taken to jail and booked. It wasn't until the next morning before he was to see the judge, that he was read his miranda rights. The judge set bond for him at $5,003 and my dad got a bail bond to get out. Once he was out, they brought him home.
Here are my questions:
Did the officer have the right to run my mothers history and search her vehicle on account of that, even though she was not the one he pulled over?
Did the officer have probable cause to search either vehicle?
The officer never weighed the marijuana or had my dad agree to how much he though it weighed, was that legal?
Was the officer supposed to read EITHER of my parents their miranda rights since he was detaining them, questioning them, and not allowing them to leave?
Was the officer correct in putting the pistol BACK into the RV, which he knew only my father could drive, technically giving my father possesion of the gun again, after taking out the rifle and confiscating it?
Did the officer have any right to detain my mother and question her like that, even though she was not the one in question?
After the officer began detaining them, are any statements my parents made valid in a court of law since they did not get their miranda rights? Especially my mothers, what would be the case with anything she said?
I'm sure I have many more, but those are the main ones at the moments. Thank you for reading and thank you for any advice you can give.
