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Illegal detainment or Illegal search???

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Tina72

Junior Member
What is the name of your state? Texas

I was walking to a friends house to purchase some music equipment. When I was walking up to the door, of the home I was visiting, the police put the spotlight on me and told me not to move or I would get 1000 volts from his tazor. I asked the officer what the problem was. He told me to come here. As I was walking towards his car, he met me on the sidewalk of the house, told me to turn around and put my hands behind my back. I still kept asking him what the problem was. He then asked me if I had any marijuana on me and I told him that I did not. He began to frisk the left side of my. He did not find any drugs on me. At that time, another unit pulled up and the officer got out and approached me from the right side. He lifted my shirt and found a holstered weapon. He asked if I was a cop and I told him no. I was then arrested.
My question is, If I was not in the process of committing a crime, can the police threaten me the way they did? Also, in the police report, it states that the police encountered me in the street which is a false statement, the officer called me from the porch of the house I was attempting to enter. Is it possible to use the illegal detainment or illegal search in my defense for this case?
 


JETX

Senior Member
If I was not in the process of committing a crime, can the police threaten me the way they did?
They didn't threaten you. They only told you what would happen if you didn't follow their valid instruction.
And presumably the conversation didn't start with that as it would be unusual for them to announce themselves that way.

Also, in the police report, it states that the police encountered me in the street which is a false statement, the officer called me from the porch of the house I was attempting to enter. Is it possible to use the illegal detainment or illegal search in my defense for this case?
If it is far more than what you have provided here... maybe. However, there is nothing in your thread that would even approach the level of a valid challenge.
 

Tina72

Junior Member
Illegal detainment

That is the way that it happened. I was walking up the sidewalk of the home I was going to visit. I saw the police car driving up the street, the officer put the spotlight on me, hurried up and turned the corner and pulled over, got out of his car and told me to stop and come here. "Don't you run, I'll hit your ass with a 1000 volts, don't run, come here."
The conversation did start that way and in the town where I am from, that is not unusual.
I was not doing anything but walking up the sidewalk to the home I was going to visit. And I forgot, I do have a witness that saw what happen. The woman whose home I was going to visit saw it all from her front door.
 
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Kane

Member
The police have to have at least reasonable suspicion to detain you. That means they need to have specific facts that make them think you're doing something illegal. You said you've read the police report. What reason do they give for stopping you?
 

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