unlawful arrest?

[Kathy Moore]

What is the name of your state (only U.S. law)? Pennsylvania My 17 year old daughter got picked up for defiant trespassing this weekend. she was told not to loiter at the bus stop (it was a hang out for kids). she was waiting there for me to get off the bus. it was 5:35pm, 10 minutes before i got off the bus. she had been texting me while she was there and i told her i was getting off elsewhere so she moved. But while she was there the cop rolled up on her and told her she was not allowed to be there. She said she was waiting for me. There are only no loitering signs posted. He issued her a citation and she moved. Later that night he saw her and pulled over and cuffed her and took her to juvy for the trespassing and another offense that she had been accused of doing. I say accused because it has not gone to court nor have i even gotten any papers that there will be court. (previous incident happened approx. 2 months ago). While he was putting her in the car he slammed her head into the car causing a very large lump. i was never notified of any of this until i called them.

 

[BOR]

False arrest means an arrest without Probable Cause.

How do you know the officer did not possess that knowledge?

 

[Kathy Moore]

She told the officer she was waiting there for me and that i would be there in 10 or 15 minutes

 

[BOR]

She told the officer she was waiting there for me and that i would be there in 10 or 15 minutes

You said though, I will bold the relevant part.

There are only no loitering signs posted. He issued her a citation and she moved. Later that night he saw her and pulled over and cuffed her and took her to juvy for the trespassing and another offense that she had been accused of doing.

How do you know he did not have probable cause to arrest for that?

As far as the citation one, I have never heard of an officer issuing a citation and minutes later arresting on it?

 

[Kathy Moore]

previous incident

it was an incident that happened well before this. she was seen running from an area where a dumpster was lit on fire. she was not seen doing anything and she was seen with another child. it was dark and as far as i know her face was never seen. it would be hard to identify a black child in the dark from behind. the man that saw them running away came to my door and told me what he had seen (them running from the area). i was never notified about anything from the police or courts. Is a parent not supposed to be notified of any pending charges, accusations or trespassing warnings a minor is issued? And is a parent not supposed to be notified of a minors arrest? i was never even notified that her being at the bus stop was trespassing...she told me he told her she was not allowed to hang out there. i have never been contacted by any law enforcement about anything. Is that right?

 

[BOR]

it was an incident that Is a parent not supposed to be notified of any pending charges, accusations or trespassing warnings a minor is issued? And is a parent not supposed to be notified of a minors arrest? i was never even notified that her being at the bus stop was trespassing...she told me he told her she was not allowed to hang out there. i have never been contacted by any law enforcement about anything. Is that right?

Most states I would imagine it is necessary to inform the Parent if a child is arrested, as the Parent may report them as missing if they were not informed.

As far as the arrest for the alledged dumpster being set on fire, was that a felony charge or misdemeanor?

If she was arrested without a warrant for a misdemeanor, you will have to discuss that with her court appointed attorney, if you are indigent and can not afford one for her.

From the statutory citation I read, misdemeanors must be witnessed by the officer for a warrantless arrest, the case law may say different?

 

[CdwJava]

It would seem that if they arrested her for the other charge (presumably arson) that someone identified her - or thought it was her. Such an identification might be sufficient probable cause.

Likewise, if she has been advised not to loiter at the bus stop, and even cited for it, if she returns a custodial arrest would be appropriate.

A parent would not necessarily be notified of PENDING charges, but would be notified after an arrest.

At this point, I would recommend you either hire an attorney for your daughter, or, you seek court-appointed counsel to represent her. Either your daughter is horribly unlucky, or she is hanging out and doing things that are likely to only escalate law enforcement contacts in time.