Curfew Violation

[darb232]

Our town has a curfew ordinance for minors. My 14 year old son and several of his friends were at a neighbors house. They were on his property and they had his permission to be there. Suddenly a minni-van pulled in and a policeman jumped out. The kids were startled and ran to the back of the house. They came out when the officer requested it. He proceeded to frisk all of them. He put his hand into one boys pocket and pulled out a cell-phone and asked why he had it, what it was used for, etc. He felt something in my sons pocket and asked what it was. My son said it was a 5 dollar bill. Oh! Mr. Moneybags the officer said. A cruiser with another officer then pulled up. This officer took the names of the male children but not the females. The property owner came out and asked what they were doing that it was his property. The officer called most but not all parents and said our kids had violated curfew. They would not be cited but kept on file in case it happened again. The curfew law only relates to public properties. What are our rights in this situation? I live in West Virginia.

 

[whipsnake]

curfew is a city ordinance with penalties set by the city prosecutor's office.it would be best to consult the city prosecutor to have them define exaxtly what constitutes violation of curfew. it wouldn't hurt to get the answer in writing in case of future misunderstandings. it may be possible the police dont have a firm grasp as to the perameters of the ordinance just like you, but if you have a copy in hand ,well, forwarned is forarmed.

 

[qadaq]

I'd get the ordinance in writing. If the officers violated it a little civil action might cool their heels a bit. I was harassed for stopping, looking at the police station for about 30 seconds then walking on once in a town like that.

 

[JETX]

I was harassed for stopping, looking at the police station for about 30 seconds then walking on once in a town like that.

'qadaq', if you actually had HALF of what you claim on the forum as happened to you in your young life, you are either one mighty suspicious looking individual or have a mighty grand imagination.

Here is just a 'summary' of your latest 'involvements' - just in the last few days!!:
"I got a ticket in Olathe KS for 53 in a 40. I talked to a lawyer. He talked to the DA/city attorney/whatever. The fine was doubled and the charge was dropped to "parking in a hazardous area", a non-moving violation."
https://forum.freeadvice.com/showthread.php?threadid=75481

"As for keeping up with the flow of traffic usually they'll leave you alone, but I don't know if they have to. (I was following another car once and they tagged us both.)"
https://forum.freeadvice.com/showthread.php?threadid=75671

"Our Constitutional rights can seem pretty distant when the cops have us face down on the ground, with only their buddies as witnesses."
https://forum.freeadvice.com/showthread.php?threadid=69422&perpage=15&pagenumber=2

"My oldest brother is actually my half brother. Mom did the same thing to my Dad. Dad freaked and left Mom 10 years later when she was pregnant with my little sister. (I don't remember when she finally told him.) My oldest brother, now 45 is an alcoholic, a druggie, a bum, and a liar and we don't even know where he is. The rest of us are a little wierd but basically ok."
https://forum.freeadvice.com/showthread.php?threadid=68999

"The speedometer on my LTD goes up to 140. (retired cop car) I tried it, topped out at 130. My speedometer in my Mustang goes to 85. Yup. Done it."
https://forum.freeadvice.com/showthread.php?threadid=70165

"The way Dad (former cop) explained it to me, if you can prove that they were negligent in something they knew or should have known you have a case." [I thought 'dad' had run off??]
https://forum.freeadvice.com/showthread.php?threadid=75750

"I was harassed for stopping, looking at the police station for about 30 seconds then walking on once in a town like that."
https://forum.freeadvice.com/showthread.php?threadid=74986

"All I can offer is that the next time they threaten you with jail ask about the charge. They will bluff about taking you to jail. KCMOPD did it with me."
https://forum.freeadvice.com/showthread.php?threadid=74477

 

[Kelly143]

"My oldest brother is actually my half brother. Mom did the same thing to my Dad. Dad freaked and left Mom 10 years later when she was pregnant with my little sister. (I don't remember when she finally told him.) My oldest brother, now 45 is an alcoholic, a druggie, a bum, and a liar and we don't even know where he is. The rest of us are a little wierd but basically ok."

Halket... Is he SURE about the bold part? I know I'M questioning it...

 

[qadaq]

A. How do you know how old I am?

B. Did I say all those things happened in the last few days? In fact many have "long ago" right in the description.

C. Did I say ALL of those things happened to me? For example I've been face down on my rear decklid, but actually it was in the middle of town and there were probably several people that drove by. If I do say it happened to me it did.

D. My dad did leave my mom. That doesn't mean he didn't maintain contact. We've since, at least to a point, reconciled.

E. I would think all of those things could happen in the space of a week. (albeit a really active week)

F. I'm not suspicious looking. All you have to do to get harrassed is use your constitutional right not to answer their questions. The KCMOPD cop threatened me with jail for not telling him how long I'd lived in MO. Did I go to jail? Of course not.

 

[JETX]

In the words of John Wayne: "I have to give you credit kid, you have spunk!"

No one said that all those 'things' happened in a week, just that you had posted them all within a week or so...