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Tell me I don't just have bad luck

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sullyer

Member
What is the name of your state (only U.S. law)? CA

Ok, I want your opinion on my theory which is the
bizarre "the man is out to get me" theory of the world created by underage drinkers.
Was hanging out with a couple of friends, at a mall, we went outside for a cigarette break (2 of us 17, and other guy 18). We meet up with some other guys one of my friend's knows. I finish cigarette throw it, few seconds after that a cop car drives past, not near us, you know, over that way. Couple of minutes later there's 2 cops walking towards us. Three of the guys I'm with are sitting up on a walkway ledge kind of thing, one of them's sitting on a skateboard, he says "I hate this guy". It's the cop that pulled me over for speeding (yeah, I need to move to a bigger place). They come over to us, cop says "signs say no skateboarding". Kid says "you don't skateboard on your butt". I open my mouth, maybe should of stayed quiet, I say "signs say no skateboardING not no skateboardS". Cop looks at me and says "I saw you throw a cigarette butt over there blah blah littering". What is it with the cops around here claiming to see me throw things? So ok, I threw one....except he's pointing in the wrong direction....I think he was guessing. So I shook my head and said "find it". Then other cop asks my friend who was still smoking for ID, he says "why?" and he's like "because you're smoking". My friend pulls out his ID which shows he's been 18 for like 6 days so he's good. The other cop's still looking me up and down, he says "what's in your pocket?". And I don't say anything. Asks again. I say nothing. He says something like "looks like cigarettes". I say nothing. Then he comes at me, and I stepped away, I was like, man, leave me alone. He comes again, gets me, pulls out my pack of cigarettes. What? Can he just do that? Just go digging in my pocket like that? Can he do it because, I assume he remembers, I'm 17? He just went straight for the cigarettes. After he had those he searches me, I don't have anything else. The only kid who was actually smoking when they came along was legally allowed to...he can go after the rest of us from that? Then he gives me pc 308b. Are you kidding me. This sucks. I don't even know yet what that means for fines or whatever but man, I'm not made of money. Then he took my cigarettes - and the lighter which was in the pack. he gets my lighter too? Why can't I have a lighter? Then he threatens another friend with littering because he decided that he'd seen him stubbing a cigarette out on the walkway behind him. Which he had, I don't know if the cop actually saw him do it or if he's just making guesses about things people usually do.

Cop looked back at the 3 guys sitting on the ledge and said something about wondering if they're trespassing. Skateboard kid said something like it's a walkway, it's almost like they're encouraging people to be here... The cop looks skateboard kid over again, obviously can't see anything he can harass him about and then they leave, they go into the mall. After they've gone skateboard kid says, same story as me, that he was a smart ass to that cop like 5 or 6 months ago when he was drunk and ever since he's just trying to get him for something whenever he sees him, comes up with reasons for searches and things, and other cops too. Obviously names get around, there's not that many cops, and then once they figure out what you look like...game on, like they've got a list somewhere of kids with big mouths that really annoyed them one night? This cop, only time I've talked to him was 2 weeks ago, he's writing out this 308 bs and he doesn't ask me my name, he says "your name's **** *****?" I mean, I've talked to cops around here before in the last few years, and they were fine, now they're looking for anything they can get?

Is this not beginning to sound like "the man" is coming after us? Like they're holding grudges against kids who were drunk one night.

Are these cops just xx with us or what? Have they got nothing else to do? Why don't they go harass some gang kids, they'd have way more interesting stuff in their pockets than cigarettes. Or do they do it because we're pretty safe? We're not going to punch a cop in the face, we just might be smart to them. I didn't do much about the cop grabbing the cigarettes out of my pocket, thought about it for a second and then thought he'd probably throw me on the ground and arrest me and say I was resisting. They're gonna start making me nervous every time I see a cop....My mom's pissed...mostly at me, but she's also like "can he do that??" (she doesn't know that I pissed a cop off a couple of months ago).
 
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CdwJava

Senior Member
Was hanging out with a couple of friends, at a mall, we went outside for a cigarette break (2 of us 17, and other guy 18).
There's your first misdemeanor criminal offense - smoking while under age.

We meet up with some other guys one of my friend's knows. I finish cigarette throw it,
Another potential misdemeanor depending on how it might be charged.

I open my mouth, maybe should of stayed quiet, I say "signs say no skateboardING not no skateboardS".
Yeah, probably should have. Nothing attracts an officer's attention more than smart alecky kids. It simply screams, "Pay special attention to me!"

Cop looks at me and says "I saw you throw a cigarette butt over there blah blah littering". What is it with the cops around here claiming to see me throw things?
What is it about you throwing things?

So ok, I threw one....except he's pointing in the wrong direction....I think he was guessing. So I shook my head and said "find it".
He doesn't have to. It's not like they are going to place it into evidence and test it for DNA.

The other cop's still looking me up and down, he says "what's in your pocket?". And I don't say anything. Asks again. I say nothing. He says something like "looks like cigarettes". I say nothing. Then he comes at me, and I stepped away, I was like, man, leave me alone. He comes again, gets me, pulls out my pack of cigarettes. What? Can he just do that? Just go digging in my pocket like that? Can he do it because, I assume he remembers, I'm 17? He just went straight for the cigarettes.
Well ... yeah. I can think of two theories for the search. One being that he saw you toss a cigarette and then he saw a telltale bulge that appeared for all the world to be a cigarette pack. And, two, the search was conducted incident to your arrest for a violation of PC 308(b) (possession of cigarettes when under 18) and for the littering offense (whatever code section he chose to use. Either way, he likely has a good search.

Isn't it fun to smart off to the cops? :)

Then he gives me pc 308b. Are you kidding me. This sucks.
But ... you were smoking?! Why does this charge surprise you?? :confused:

I don't even know yet what that means for fines or whatever but man, I'm not made of money.
That's okay. It also has mandatory community service attached to it, and in many counties you get to sit through a class on the evils of tobacco.

Still fun?

Then he took my cigarettes - and the lighter which was in the pack. he gets my lighter too? Why can't I have a lighter?
Because it is evidence of the offense.

Is this not beginning to sound like "the man" is coming after us? Like they're holding grudges against kids who were drunk one night.
Ya know, it is REAL EASY to avoid these problems ... stop breaking the law. It really works! :D
 

sullyer

Member
There's your first misdemeanor criminal offense - smoking while under age.
Ya. What a crappy 'criminal' offense.

Yeah, probably should have. Nothing attracts an officer's attention more than smart alecky kids. It simply screams, "Pay special attention to me!"
Yeah well he was looking directly at me when he was walking over anyway so he probably would've gotten around to me anyhow.

What is it about you throwing things?
Well last time a cop said I was throwing something I wasn't throwing anything at all. So I don't think there is much about me throwing things. Yeah, a cigarette, so what.

One being that he saw you toss a cigarette and then he saw a telltale bulge that appeared for all the world to be a cigarette pack.
He didn't see me throw it. They showed up a few seconds later. There was a building in the way, so unless he has super powers, he's xxxx with me. He wasn't just a little bit wrong about pointing out where I threw a cigarette, he was like 90 degrees in the wrong direction. He probably just wanted me to point out he was wrong and get me to say 'I threw it that way'.

And, two, the search was conducted incident to your arrest for a violation of PC 308(b) (possession of cigarettes when under 18) and for the littering offense (whatever code section he chose to use. Either way, he likely has a good search.
He didn't do anything about littering (prob cos he didn't know what he was talking about), didn't get charged, he just said it was littering to throw them. So he didn't have that to search me on. He didn't have me already for cigarettes cos he didn't actually see me with any.

I'm just standing there and he's jumping in my pocket? He can just see there's something in my pocket and can dive in and help himself? Really? It's not like it was at all visible, wasn't sticking out the top, completely concealed in my pocket.

I really don't see how he can just do that. He didn't have any reason to, he wasn't actually searching me.

Isn't it fun to smart off to the cops? :)
We had a good time a few months ago. I wasn't having fun this time. They're pissing me off. It's kind of frustrating just hanging out and then having a cop dig in your pocket.


But ... you were smoking?! Why does this charge surprise you?? :confused:
I really meant more, are you kidding me I just got a speeding ticket, that's gonna be enough, I don't know how much more this is gonna cost. Sucks.

That's okay. It also has mandatory community service attached to it, and in many counties you get to sit through a class on the evils of tobacco.
mandatory? I thought I read fine OR community service?

Because it is evidence of the offense.
They got enough evidence with the cigarettes. I kinda liked that lighter. Do I get my lighter back? Nothing that says I can't have it is there?

Ya know, it is REAL EASY to avoid these problems ... stop breaking the law. It really works! :D
I'm not convinced. Skateboard kid said he doesn't have to do anything to get harassed...I mean this day he's just sitting on a skateboard, he wasn't smoking or anything, cop's all blah blah you can't skateboard here blah trespassing. I bet you they'll be all 'what's he doing today' next time I see them. Jaywalking? (meanwhile my brother'd still kind of like to know who broke into his car last time he was here and what happened to his stuff, maybe they'll come back and ask me, his criminal brother, for an alibi)
 
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justalayman

Senior Member
Your attitude speaks volumes. Even now you simply want to argue about the cop being so oppressive. Give it a rest.
 

CdwJava

Senior Member
Ya. What a crappy 'criminal' offense.
Darn those laws to protect kids! What were they thinkin'?!

Well last time a cop said I was throwing something I wasn't throwing anything at all. So I don't think there is much about me throwing things. Yeah, a cigarette, so what.
Do you decorate your room and your yard with cigarette butts? I don't. The rest of us don't care to see your smelly butts on the ground, either. The civilized world refers to this as "littering."

He didn't see me throw it.
Truth be told, you do not know what he saw, or what they might have been told. You can certainly go to court and argue that he never saw you throw it ... good luck.

He didn't do anything about littering (prob cos he didn't know what he was talking about), didn't get charged, he just said it was littering to throw them. So he didn't have that to search me on. He didn't have me already for cigarettes cos he didn't actually see me with any.
So you say. But, those X-ray eyes certainly saw the box of cigs in your pocket. A pack of cigs is VERY distinctive and obvious.

Also understand that the standards for juveniles tends to be looser than it might be for adults, and given the cigarette issues I suspect the search was good.

But, you are free to hire an attorney (low end about $1,500 if there is no trial - $2,500 to $5,000 if you go to trial) to make the 4th Amendment argument. How much are mom and dad willing to spend so that you avoid community service and a small fine?

We had a good time a few months ago. I wasn't having fun this time. They're pissing me off. It's kind of frustrating just hanging out and then having a cop dig in your pocket.
Stop breaking the law (smoking and littering), stop running your mouth, become respectful and polite, and you will see that the sun shall shine and your police problems will disappear. Nothing makes our day more than messing with irreverent punks. When you act like one, you get the attention the attitude deserves.

You're lucky you live in this day and age ... back in MY day, not only would the officer have smacked you around, but when they dragged you home to mom and dad, dad would have forced you to apologize to the officer and then HE would have kicked the holy smokes out of you!

mandatory? I thought I read fine OR community service?
Sorry ... falling back to my days in San Diego County where these were regularly sentenced to community service. Many counties mandate the community service but your county might take the easy way out and allow you to pay the $75 plus associated costs (could be another $150 or so ... maybe more).

They got enough evidence with the cigarettes. I kinda liked that lighter. Do I get my lighter back? Nothing that says I can't have it is there?
As evidence of the offense, no.
 

sullyer

Member
you do not know what he saw,
Well i do know that I had time to flick it, turn around, couple of seconds pass, cop car comes from behind solid brick building...I'm just standing there. And why's he pointing in the wrong directions.

or what they might have been told.
Yeah. Ok. Hadn't thought of that.

But, those X-ray eyes certainly saw the box of cigs in your pocket. A pack of cigs is VERY distinctive and obvious.
And so that's all he needs. I'm kind of surprised.

But, you are free to hire an attorney (low end about $1,500 if there is no trial - $2,500 to $5,000 if you go to trial) to make the 4th Amendment argument.
hmmm

How much are mom and dad willing to spend so that you avoid community service and a small fine?
mom's got her own things to be worrying bout. I don't want her spending lots of money on this. (and she wants me to quit smoking anyway so she probably wouldn't if I asked :p thanks mom)

Stop breaking the law (smoking and littering)
Well they obviously like to watch me so it's probably a good idea.

stop running your mouth, become respectful and polite,
Yeah I know. People say that. I try that sometimes. I'm just not very good at it. Sometimes I try, sometimes I forget to try...

your police problems will disappear.
Yeah, but i'd like some space to quit feeling defensive and wanting to tell them where to go when I see them. I mean if I'm walking down the street in 3 days and I see them and they have something to say, I'm gonna be frustrated.

Nothing makes our day more than messing with irreverent punks.
See - I knew cops did.

When you act like one, you get the attention the attitude deserves.
For the rest of our lives or what???

You're lucky you live in this day and age ... back in MY day, not only would the officer have smacked you around, but when they dragged you home to mom and dad, dad would have forced you to apologize to the officer and then HE would have kicked the holy smokes out of you!
Yeah.....'lucky'...no, I know about those dads. But he would of skipped the apologizing part and gone straight to the kickin. And he wouldn't wait for some cop to drag you home to start it.

Many counties mandate the community service but your county might take the easy way out and allow you to pay the $75 plus associated costs (could be another $150 or so ... maybe more).
I'd rather the community service. If they care when you've gotta work. Can I request community service? You're saying the search was probably good, so then I'm screwed for that. And the speeding.
 

Proserpina

Senior Member
OP -

Quit acting like a moron. Grow up. Act responsibly and if you can't, be prepared to accept the consequences.

And quit trying to aggravate those who are trying to help you. Seriously.
 

CdwJava

Senior Member
Kids that act like this are my bread and butter. Fortunately, they tend to represent a very small portion of the population. UN-fortunately, they also tend to be the same population that grows into adulthood and provides for criminal justice job security.

Sullyer, with luck, you will grow up and mature and one day look back on all this, shake your head, and feel a twinge of shame and regret. If you - and society - are not lucky, you will be looking back on these days with nostalgia, because you may well be reminiscing from behind bars or from some run-down apartment somewhere and living in squalor. I do no wish that on anyone, but, I have been at this job long enough (and involved in the sociological research) to see the patterns.
 

cbg

I'm a Northern Girl
It's not that you have bad luck, dearie; it's that you make bad decisions.
 

>Charlotte<

Lurker
Yeah, but i'd like some space to quit feeling defensive and wanting to tell them where to go when I see them. I mean if I'm walking down the street in 3 days and I see them and they have something to say, I'm gonna be frustrated.
So when that happens, don't be smoking, don't be littering, don't have cigarettes in your pocket, and don't act like a punk. You'll be on your way, sans citation or arrest, in no time.

Originally Posted by CdwJava
When you act like one, you get the attention the attitude deserves.


For the rest of our lives or what???
For as long as you act like a smart-assed punk when you are approached by police officers.

You seem to be having a problem making the connection between cause and effect. Acting like a bratty kid will result in consequences for you. That's a lesson you should have been taught when you were five.

The goods news is you're still in control of how further encounters work out for you if you can control yourself.
 

sullyer

Member
Man, quit calling me a moron. I haven't smoked pot in ages. I haven't even drunk in ages, I work most of the weekend, and I'm not brave enough to show up hung over, I like what I do. I've been sober driver how many weekends? Every other weekend they give me the keys and access to all the money, so obviously I'm no moron in real life.

I don't need my mommy to pay off my speeding ticket and whatever this smoking thing is. I can fix it. She doesn't need to worry. She can still yell at me, and she does, that's up to her.

I don't mean to aggravate anyone. I'm just talking about something that pisses me off. Maybe that makes me go on and get out of line, like I say, it pisses me off.

I'm not going to provide any job security to anyone in the future. What am I going to end up behind bars for? What did I get in trouble for? First I had a couple of beers and walked down the road, then I sped in a sober manner, then I smoked a cigarette. The last time I punched someone was when I was 7 and this kid tripped my little brother up, completely on purpose...it's a good reason to punch someone when you're 7. I'm not about to go drink-driving, that's for ****tards.

I'm not really criminal of the month am I. I'm just having some trouble with some cops right now.

I got an attitude with a cop, yeah I realize that. You don't need to write me off completely.

cdwjava - thank you, I mean it, you say that the search was probably right and I can respect that.

charlotte - thank you. my mom was probably kind of distracted when I was 5, I'm not gonna blame her if she missed something.

cbg -yeap, ok. I know being a smart ass a couple of months ago started this whole thing.
 
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