arrested in after hours raid

[firstbust]

What is the name of your state? New York

I was recently (3 days ago) arrested during a police raid, along with all of the 34 other people who were in an after hours bar. This is not a rave scene - it's a small bar, and most patrons are above the age of 30 (not that it's any excuse to be in an illegal bar, but just to provide some context).

During the raid, the police found several small packages of cocaine and marijuana that had been apparently thrown on the floor - so they decided to arrest everyone. We were all searched at the scene, and all of our personal belongings (money, etc) confiscated. I spent about 40 hours in jail before being arraigned, and am being charged with possession of a controlled substance. I did not have any drugs or weapons on my person, and have never had any legal trouble before, besides traffic tickets. I was also never read my rights.

I plan to hire a lawyer, but I'd also like to educate myself as much as possible about what I'm facing.

Some questions:

- Was this a legal search of my person?
- Was this a legal arrest?
- Is there any way that I can be found guilty of possession if I didn't actually "possess" anything?

I would appreciate any insights into this situation. It has been the worst experience of my life.

Thanks

 

[sdstrooper]

- Was this a legal search of my person?
Only if you were within a close proximity of those drugs AND the police had reasonable suspicion that the drugs were yours.

- Was this a legal arrest?
No, unless the police or witnesses saw you with the drugs, or have evidence that shows you had them. Otherwise, you should have just been questioned, your info gathered, and released at the scene.

- Is there any way that I can be found guilty of possession if I didn't actually "possess" anything?
No, unless they can prove it was yours.

 

[JETX]

"Was this a legal search of my person?"
*** Depends on the extent of the search. Your post only says "We were all searched at the scene". How extensive was this 'search'?? Was it simply a 'weapons pat'?

"Was this a legal arrest?"
*** Based on your post, yes. You admit to being in an 'after hours bar'. The question I assume you are really after is, are the charges proper?? And to answer that, we would need access to ALL the evidence and facts.

"Is there any way that I can be found guilty of possession if I didn't actually "possess" anything?"
*** Since you asked if there is ANY WAY for you to be found guilty, the answer is yes. However, the likelihood would again depend on the a FULL review of the facts, including the arrest report and officer notes.

 

[sdstrooper]

Sorry for the confusion, JETX is right. I missed the "after hours" part while reading through it and mistakenly assumed it was under normal hours of operations.

 

[firstbust]

JETX said:
""Was this a legal search of my person?"
*** Depends on the extent of the search. Your post only says "We were all searched at the scene". How extensive was this 'search'?? Was it simpy a 'weapons pat'?

"Was this a legal arrest?"
*** Based on your post, yes. You admit to being in an 'after hours bar'. The question I assume you are really after is, are the charges proper?? And to answer that, we would need access to ALL the evidence and facts."

The search was a full search, short of a strip search. All of the contents of my pants and jacket pockets were emptied out on to a table, and my pockets were left turned inside out. The officer also probed inside the little 5th pocket of my jeans. My wallet was then emptied out, and all of the money, cards and papers were piled in a heap.

The only charge against me is the possession charge - nothing directly related to being in an after hours bar. The police report says something to the effect: "a package of cocaine was found near the suspect's feet, and no one else was near him". This is a blatant fabrication. Like I said, this was a very small bar, and by the time the lights were on and the police had found any drugs on the floor, we had all scrambled to find an empty space along the wall (kind of like musical chairs) so that we could place our hands on it to wait for the search - as we were instructed. If there were drugs near my feet, they could have come from any number of people.


sdstrooper said:
"- Was this a legal search of my person?
Only if you were within a close proximity of those drugs AND the police had reasonable suspicion that the drugs were yours."

What would constitute reasonable suspicion in this situation?


sdstrooper said
"- Was this a legal arrest?
No, unless the police or witnesses saw you with the drugs, or have evidence that shows you had them. Otherwise, you should have just been questioned, your info gathered, and released at the scene.

- Is there any way that I can be found guilty of possession if I didn't actually "possess" anything?
No, unless they can prove it was yours."


As far as I can see, there is no way for them to honestly prove the drugs were mine (no evidence, no witnesses), because they weren't.

At this point, I'm angry at what I've been put through. Yes, I was in a place that I shouldn't have been, but I just feel like the police have abused the system, and should be somehow held accountable - beyond simply dismissing this bogus charge. I don't feel my civil rights have been honored or protected.

Thanks for your replies. If anybody else has anything to say that might shed some light on this, I welcome your input.

Thanks.

 

[JETX]

"As far as I can see, there is no way for them to honestly prove the drugs were mine (no evidence, no witnesses), because they weren't."
*** Now you are 'changing the rules'. In your original post you just asked, "Is there any way that I can be found guilty of possession". Now you are adding the PROOF part of it. That drastic change also affects the answer!!


"At this point, I'm angry at what I've been put through. Yes, I was in a place that I shouldn't have been, but I just feel like the police have abused the system, and should be somehow held accountable - beyond simply dismissing this bogus charge. I don't feel my civil rights have been honored or protected."
*** And exactly WHICH civil right do you feel was not honored or protected??

 

[firstbust]

"*** Now you are 'changing the rules'. In your original post you just asked, "Is there any way that I can be found guilty of possession". Now you are adding the PROOF part of it. That drastic change also affects the answer!!"

I was responding to sdstrooper's comment "No, unless they can prove it was yours"...

Having gone through this and seen the system at work from the inside, I'm getting the sense that unless I have a good lawyer (who perhaps knows the District Attorney and/or the judge), they can find me guilty of whatever they feel like. The rules (as I've been taught to understand them) are getting bent left and right. The police are lying (about me and dozens of other people), and we have all been assumed to be guilty. Given this, I'm curious what your answer might be...


"*** And exactly WHICH civil right do you feel was not honored or protected??"

I was questioned during the search, and then held in jail for nearly two days without ever being read my rights, or told what I was specifically being held for. I obviously don't know that much about the law, but something about that seems wrong - a violation of my civil rights (?). I was fed once - mystery meat on stale bread, and a small carton of milk. Also, for about 16 hours of this I was cramped in a holding cell with a guy who the guards called "dope sick". For the entire time he rolled and groaned and flung himself on the floor, vomitting every half hour or so - first he was puking in a garbage can, then on the floor when the guards took the can away. The guards apparently thought this was funny, and they never returned the garbage can, or cleaned up any of the mess. It was all I could do to keep from coming in contact with this guy, and his bodily fluids (for obvious reasons) - i was not completely successful, because a coulple of times I dozed off, and was awakened when he flung himself into me.

If all this is OK with regard to civil rights protection, then I guess I've learned something about how well the laws actually protect you when it really comes down to the nitty gritty - beyond the academic discussion of civil rights. It's all cute on paper and on TV, but when you've seen what I've just seen, it's a completely different story. I felt more like I was being held in a third world jail than in an American one.