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Handcuffed and searched in school library...didn't do anything wrong...humiliated!!

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tlcoupe

Junior Member
What is the name of your state? Oregon

So yeah...I was at my university library yesterday studying for my finals and also doing research for a paper that's due this coming monday...when all of the sudden I look up and there's this chick screaming at me saying 'I know you filming me!!' At this point I'm like 'ok so where's the confetti and punchline?'...then this girl starts screaming at the top of her lungs 'I saw you taking pictures of me I'm gonna press charges!!' then she starts crying and all this time I'm just sitting there with this lost-as-heck look on my face like 'what on earth are you smoking?' So I said 'what are you talking about?' and then she said 'I saw your camera under the desk' and I was like 'um you mean this cellphone?' and then she was like 'yeah you were taking pictures' and I was like 'um no try again...I was waiting for a call from my wife.'

Then right then my phone goes off and its my wife...of course I didn't tell her what was going on but at this point I'm getting frustrated at this lady screaming at me. So then I'm like 'i dunno what the heck you're talking about lady, but I've gotta do my studying and this is ridiculous...so I'm out of here.' Then she's like 'oh no you don't...then proceeds to try and block me off.' . What the heck is wrong with her? So then I continue walking and then she runs over to the big desks and starts yelling from the top of her lungs 'HELP ME SOMEONE HELP THIS GUY TOOK MY PICS AND HE'S GETTING AWAY SOMEONE CALL CAMPUS SECURITY!!' Then these two guys come over and they're all looking at me critically saying 'what's going on.' and I'm like 'i dunno what the hell is going on...she's tripping out for no reason...I have my cellphone right here...look at it...check for pics...I'm trying to study!!'

Then I continue walking and she's telling the guys 'stop him!!' and they were like 'well i can't physically stop him' ...so I walk downstairs and the librarian calls me over and tells me to wait for campus security.

The cop met me in the lobby and got my side of the story and then I took out my cellphone and showed him exactly what it is and even showed him all the pictures stored on it, and then he was like 'ok well I'm going to have to do a body search.' And at this point, I'm like 'what the hell...' but I figure I have nothing to hide and I just want this whole ordeal over with so I obliged.

But then he told me to turn around, spread my legs and put my hands behind my back. That's when I pretty much felt like a piece of **** robbed of my dignity....I could NOT believe it. Then I felt him put on the cuffs, saying 'this is for your and my protection, do you have any weapons on you?' Then he frisked me from head to toe...that's when he found the wallet and mp3 player in my other pocket. He then asked me about the mp3 player and if it could take pictures (an old ass creative nomad 32mb mp3 player, mind you)...and then he ASKED if it was ok to look through my backpack and I'm like 'go ahead..I don't care.' And so he searched through my backpack and found nothing but my textbooks and my calculator. At this point I expected the cuffs to come off, but instead he gathered my things and escorted me out the backway still in handcuffs and put me in the squad car to drive over to the office. So after they wrote down some info from me and called her over to get her side of the story. So then, after sitting there for half an hour in the corner with these uncomfortably tight ass handcuffs, the lady comes back in and says 'ok well you've been very cooperative, and I'm just going to take a picture of your mp3 player and camera cellphone just in case we ever get another call about you...and if we do recieve another complaint then chances are this time it's not just coincidence. I'm like 'trust me, this time i wont even sit remotely close to anyone.' Mind you, I go to the library every day for the last 2 years for approximately 2 to 3 hours a day to study and do research, etc.

They finally took the cuffs off me about an hour later...then the cop gets my stuff out of the trunk of his car and he's all smiling like 'well good luck studying...try not to let this get to you.'


I just stormed off.

I may not be a legal expert or anything, and even though I was in their privately owned library premesis, I'm pretty sure campus security can't just slap a pair of handcuffs on you unless they have evidence you did something wrong or have justifiable evidence that you're a threatt. This is disgusting. I'm currently in the process of writing down exactly everything that happened so that I'll be ready when and if I meet with a lawyer sometime after this coming finals week. I don't give a rats ass about money...but my dignity is something I will not let someone take from me.

Does anyone think I'm justified in my stance here?
 


S

seniorjudge

Guest
Does anyone think I'm justified in my stance here?

What is your stance?
 

tlcoupe

Junior Member
seniorjudge said:
Does anyone think I'm justified in my stance here?

What is your stance?
That I was wrongfully handcuffed and searched without justifiable cause. I'm a computer science major, so I wouldn't know much about the law. So I was hoping someone with some experience could chime in with their 2 cents. Thanks
 
S

seniorjudge

Guest
tlcoupe said:
That I was wrongfully handcuffed and searched without justifiable cause. I'm a computer science major, so I wouldn't know much about the law. So I was hoping someone with some experience could chime in with their 2 cents. Thanks
Based solely on what you say in your post, it appears the cops had probable cause to handcuff you based on what the woman reported, even if it were false. Cops have to take people at their word and handcuffing is a safety measure for the cops as well as you.

As for as the search, since you consented to it, that is a non-issue.
 

tlcoupe

Junior Member
seniorjudge said:
Based solely on what you say in your post, it appears the cops had probable cause to handcuff you based on what the woman reported, even if it were false. Cops have to take people at their word and handcuffing is a safety measure for the cops as well as you.

As for as the search, since you consented to it, that is a non-issue.
So essentially what you are saying is, due to a woman stating that she thought I was taking pictures of her with a cellphone, that the probable cause to handcuff me? I don't quite see how you can equate alleged cellphone abusing with needing to be handcuffed? I understand that cops have to use the handcuffs for safety measures, but then again, there are specially regulated procedures and I'm just curious as to when the handcuffs can be used. I mean, I was being courteous and polite throughout...not as if I visually showed any constraint or struggle or presented the cop with any sort of hardship.

And no, not all of the search was consentual. The body search was given to me without my input...the only thing I voluntarily consented to was for the cop to look through my backpack after I had already been handcuffed, as I stated in the story. Thanks for your time and feedback.
 
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S

seniorjudge

Guest
Q: So essentially what you are saying is, due to a woman stating that she thought I was taking pictures of her with a cellphone, that the probable cause to handcuff me?

A: The cops do not need probable cause to arrest someone who is being detained.


Q: I don't quite see how you can equate alleged cellphone abusing with needing to be handcuffed?

A: That's because I didn't.


Q: I understand that cops have to use the handcuffs for safety measures

A: Then you understand why you were handcuffed.


Q: but then again, there are specially regulated procedures and I'm just curious as to when the handcuffs can be used.

A: See prior answer.


Q: I mean, I was being courteous and polite throughout...not as if I visually showed any constraint or struggle or presented the cop with any sort of hardship.

A: Irrelevant.


Q: And no, not all of the search was consentual. The body search was given to me without my input...the only thing I voluntarily consented to was for the cop to look through my backpack after I had already been handcuffed, as I stated in the story.

A: Then he frisked me from head to toe... This is allowable for the officers' safety, even if it is without your consent.

and then he ASKED if it was ok to look through my backpack and I'm like 'go ahead..I don't care.' The officer needed either a search warrant or your consent to search your backpack; you gave consent and the search was good.

The cops will always go home at night. That means they will protect themselves in every contact.
 

Kerri K

Junior Member
tlcoupe wrote:

Does anyone think I'm justified in my stance here?

Wow! Sorry to read what happened to you. Unfortunately this kind of abuse of authority occurs all the time.

The first thing I would do is determine if it is an offense to take pictures of another person in a public place.

The second thing I would do is determine what legal status the Campus cop has. Is he a private guard, a peace officer or a police officer?

If he is a private guard with no peace or police officer status, I would go to small claims court and file an action against him for unlawful imprisonment. Private guards cannot arrest and unarrest people. And private guards cannot handcuff people unless they are maikng an arrest.

I would also file an action for falsely reporting an incident against the woman who made the allegations against you.

Where I live it only costs $15 to file a small claims action.

If you learn the campus guard has peace or police officer status, the stop and frisk issue becomes a little more complicated. Yet not impossible to address. In this case I would contact the local bar association and see if they have a referral service. In my area I can call the referral service and meet with an attorney who will charge up to $25.00 for a one hour consultation.

I understand the school’s desire to identify pervs and other knuckleheads…yet they have to play by the rules when dealing with people’s rights.

Good Luck!

Kerri
 

LawGirl10

Member
I would seriously question the justification for the pat down search. To me, the description of this incident does not rise to the level of where any officer could honestly say they had a reasonable suspicion that you were armed/and or dangerous, the only reason I can see they could justify doing a Terry stop type frisk. Also, the fact that he had this conversation with you about what was going on, looked at your pictures and then decided to search you sounds like they had no reasonable suspicion to think you were armed/dangerous. If he thought so, why wait until then to do it? If he had that suspicion, it would have existed as soon as he was told what was going on or something else had to have happened later to give him that reason to do a pat down search. I don't see anyting that happened between that point (when he first got there) and the end of your conversation that would rise to the level of reasonable suspicion for a pat down search. They can't just do pat down searches for the heck of it. He had enough reasonable suspicion to detain you, but a pat down search is an entirely different issue. I would contact his supervisor and demand an explanation.
 

tlcoupe

Junior Member
Thank you so very much for all your gracious and informative replies. I'm supposed to be concentrating for my final tomorrow morning but this is all I can think of...I literally feel numb. I managed to find the homepage for my university's campus security...and found this interesting little tidbit:


D. Use of restraints

1. Handcuffs will be considered the standard restraining method for persons in PS custody resulting from an arrest.

2. Officers will be expected to apply handcuffs per DPSST standards in all incidents where they have arrested or accepted
custody of an arrested person.

3. Officers will not transport an arrested person in a vehicle without the use of handcuffs.

4. Supervisors will be responsible for the training of all Officers in these procedures.

Officers will be held personally responsible for the treatment of any person under these sections, including the safety of the person, particularly any person being transported or restrained by any method. All persons in the custody of PS Officers for any reason will be turned over to the appropriate authorities as soon as possible.

All actions under this section may require written justification. Officers will then file a Physical Control Report besides any other required report. (Appendix 14)



Notice how it only stated the use of handcuffs as a result of arrest or custody due to arrest. Never was I arrested, never was I read my rights, nothing. And just as LawGirl stated, I cannot believe the officer would perform a handcuffed body search AFTER I had courteously explained my side of the story and voluntarily showed him the cellphone as well as the pictures that were stored on it. I was nothing but courteous and polite, and even the officer said that right before he released me. This whole thing is just ridiculous, and I'm going to seek justice, regardless of whether a court sides with me or not. I will definitely look into a small claims court and do some more research as my finals schedule dwindles down by this wednesday. Thank you all so very much...I cannot express how much it means. I've never been through anything remotely close to this (never broken the law in my life, been handcuffed, anything) in my 25 years, and just the feeling of being cuffed, searched and escorted made me feel subhuman.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Um, like, wow dude! Do you always write like you talk - - in "Valley Girl" speak?

Do you have any idea how annoying it is to read something as stupid sounding as - -

"So yeah...I was at my university . . ."

"At this point I'm like 'ok so where's . . ."

"and I was like 'um you mean this cellphone?'"

"and then she was like 'yeah you were taking . . ."

"and I was like 'um no try again..."


You do realize that only teenage girls from Beverly Hills, and Malibu, California, talk that way, don't you? That's why it's called, like, um, "Valley Girl" English. Please, don't use the phrase, "Gag me with a spoon."

IAAL
 
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boonehead

Member
Regardless of how he writes, or choses to phrase his story, the point is:
At any given time, any person can accuse you of a crime, have you detained, handcuffed and frisked with no repercussions? So what you people are saying in this free country I have the right to walk around and start screaming "call the police, that lady just fondled me!" and just point to any lady I see. Wait around for the cops to handcuff her, frisk her, and take her in for questioning. And it is her problem to prove her innocence. And I'm free to go on my merry way giggling and look for someone else to pull the same thing on for kicks with no repercussions? I would believe the girl that accused him, should be liable for any embaressment and mental anguish caused by her false accusation
 
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LawGirl10

Member
tlcoupe said:
Thank you so very much for all your gracious and informative replies. I'm supposed to be concentrating for my final tomorrow morning but this is all I can think of...I literally feel numb. I managed to find the homepage for my university's campus security...and found this interesting little tidbit:


D. Use of restraints

1. Handcuffs will be considered the standard restraining method for persons in PS custody resulting from an arrest.

2. Officers will be expected to apply handcuffs per DPSST standards in all incidents where they have arrested or accepted
custody of an arrested person.

3. Officers will not transport an arrested person in a vehicle without the use of handcuffs.

4. Supervisors will be responsible for the training of all Officers in these procedures.

Officers will be held personally responsible for the treatment of any person under these sections, including the safety of the person, particularly any person being transported or restrained by any method. All persons in the custody of PS Officers for any reason will be turned over to the appropriate authorities as soon as possible.

All actions under this section may require written justification. Officers will then file a Physical Control Report besides any other required report. (Appendix 14)



Notice how it only stated the use of handcuffs as a result of arrest or custody due to arrest. Never was I arrested, never was I read my rights, nothing. And just as LawGirl stated, I cannot believe the officer would perform a handcuffed body search AFTER I had courteously explained my side of the story and voluntarily showed him the cellphone as well as the pictures that were stored on it. I was nothing but courteous and polite, and even the officer said that right before he released me. This whole thing is just ridiculous, and I'm going to seek justice, regardless of whether a court sides with me or not. I will definitely look into a small claims court and do some more research as my finals schedule dwindles down by this wednesday. Thank you all so very much...I cannot express how much it means. I've never been through anything remotely close to this (never broken the law in my life, been handcuffed, anything) in my 25 years, and just the feeling of being cuffed, searched and escorted made me feel subhuman.

Just a note: I would not depend on their use of restraints policy for your complaint about what happened. I agree that what happened was out of line, but your argument would need to be based on basic criminal laws and criminal procedure and not an administrative policy (the policy there notes two instances when handcuffs will be used but does not preclude using them in other instances--in criminal procedure, handcuffs are reasonable if they have reasonable suspicion to think that your are armed/dangerous, etc). I think you have a valid complaint, I just don't think that policy should be your basis for the complaint.

Good luck to you.
 

Kerri K

Junior Member
Notice how it only stated the use of handcuffs as a result of arrest or custody due to arrest.

After reading this excerpt from campus policy, I am going to GUESS their officers DONOT have peace or police officer status.

Never was I arrested, never was I read my rights, nothing.

Miranda only applies when the government takes custody of you…and even then, Miranda only applies if you are in custody and are going to be questioned about the incident you are in custody for.

All persons in the custody of PS Officers for any reason will be turned over to the appropriate authorities as soon as possible.

After reading this I am nearly convinced the officer who detained and handcuffed you violated your rights by acting outside the scope of his employment.

First, the campus officer did not arrest you after handcuffing you.

Secondly, after reading that campus policy that states the officer must turn a person he arrests over to the, “appropriate authorities as soon as possible,” I am convinced campus officers possess the same powers of arrest as an ordinary citizen. Which means if a campus officer slaps handcuffs on someone, he had better have a damn good reason or the officer could find himself in court facing charges of unlawful imprisonment. Based on the facts you presented, any trier of fact would believe the officer acted unreasonably when he handcuffed you.

Dude, you have plenty of witnesses you can subpeona. IF this campus cop has no special powers of arrest, I would go after him and his supervisors who failed to properly supervise him.

You deserve to have your dignity restored. And the officer who handcuffed you while investigating an alleged harrassment violation suspect needs to be spanked.

I found this link…hope it helps.

http://oregon.gov/DPSST/index.shtml
 

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