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possible illegal police action? (upm)

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p2th3j

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

This is the full detail story of what happened to me yesterday.

I was in the woods next to Craigville Park near the back baseball field, which did not, and still does not, have a “no trespassing” or “private property” sign, and walkingto my car, which was near the swings and concession stand about a 150 yards away, when two police officers rode by on a golf cart, turned around, and stopped next to me. I was about 100 feet from the playground in an area where many people, children and adults, go, and I was not doing anything wrong or suspicious, and the police asked if me and the two other people near us were smoking marijuana and immediately told us to take our hands out of our pockets and to put them in the air. They then asked us if we had anything on us and none of us replied. He then searched all of us without us consenting to the search. I was never asked if it was ok to be searched. The police then searched the other two people and did not find anything on them. While he was searching the girl, who was next to me (so I was next in line to be searched) I received a text so I was about to put my hand in my pocket to take my phone out but the police officer reacted with “Get your hands out of your pocket! Oh, you just made a really bad decision.” I tried to explain that I received a text but he then searched me and found marijuana in my coat pocket. After being handcuffed and brought to the police car, I was sitting in the back seat and the police came over, opened the door, and asked “we are going to search your vehicle. Do you have anything in the car that we should know about?” I answered “no” and they began to search the interior of my car and the trunk without my permission. After they searched my car and did not find anything, they talked to the other two people for a while. Once we finally left, I got back to the station where they sat me down on the detention bench, or “naughty bench,” and proceeded to fill out my paperwork. Next, I was told that I could possibly reduce this charge if I found out, somehow, who spray painted in the woods because it was supposedly something negative about a “Chris F.” I told him I have no clue who “Chris F” is but I could try my best to help. I was not complying to reduce my charge but to help the person who might be getting injured by these vandals. I was then told I was getting a trespassing ticket along with a violation of Penal Law § 221.05, or Unlawful Possession of Marihuana. After they finished my paperwork, the police allowed me to leave the station without ever reading me my rights and without me ever getting them any consent in any way (not verbal or body language) to search my person or car.

I would like to know if it illegal for the police to never read me my rights, search my property without my consent or a warrant, or to give me a trespassing ticket when there is no information anywhere that says that the woods that I was in, where Girl Scout troops have gone to paint benches and bridges, are off limit to civilians?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New York

This is the full detail story of what happened to me yesterday.

I was in the woods next to Craigville Park near the back baseball field, which did not, and still does not, have a “no trespassing” or “private property” sign, and walkingto my car, which was near the swings and concession stand about a 150 yards away, when two police officers rode by on a golf cart, turned around, and stopped next to me. I was about 100 feet from the playground in an area where many people, children and adults, go, and I was not doing anything wrong or suspicious, and the police asked if me and the two other people near us were smoking marijuana and immediately told us to take our hands out of our pockets and to put them in the air. They then asked us if we had anything on us and none of us replied. He then searched all of us without us consenting to the search. I was never asked if it was ok to be searched. The police then searched the other two people and did not find anything on them. While he was searching the girl, who was next to me (so I was next in line to be searched) I received a text so I was about to put my hand in my pocket to take my phone out but the police officer reacted with “Get your hands out of your pocket! Oh, you just made a really bad decision.” I tried to explain that I received a text but he then searched me and found marijuana in my coat pocket. After being handcuffed and brought to the police car, I was sitting in the back seat and the police came over, opened the door, and asked “we are going to search your vehicle. Do you have anything in the car that we should know about?” I answered “no” and they began to search the interior of my car and the trunk without my permission. After they searched my car and did not find anything, they talked to the other two people for a while. Once we finally left, I got back to the station where they sat me down on the detention bench, or “naughty bench,” and proceeded to fill out my paperwork. Next, I was told that I could possibly reduce this charge if I found out, somehow, who spray painted in the woods because it was supposedly something negative about a “Chris F.” I told him I have no clue who “Chris F” is but I could try my best to help. I was not complying to reduce my charge but to help the person who might be getting injured by these vandals. I was then told I was getting a trespassing ticket along with a violation of Penal Law § 221.05, or Unlawful Possession of Marihuana. After they finished my paperwork, the police allowed me to leave the station without ever reading me my rights and without me ever getting them any consent in any way (not verbal or body language) to search my person or car.

I would like to know if it illegal for the police to never read me my rights, search my property without my consent or a warrant, or to give me a trespassing ticket when there is no information anywhere that says that the woods that I was in, where Girl Scout troops have gone to paint benches and bridges, are off limit to civilians?
Yes
Yes
Yes
 

Shay-Pari'e

Senior Member
Would you like to start from the beginning? Seriously, you are rather all over the place.

You got caught. Legal bye the way.
 

Ozark_Sophist

Senior Member
You may be able to get the marijuana excluded as the search may have exceeded Terry, unless the marijuana some how felt like a weapon.
 

p2th3j

Junior Member
so it is perfectly legal to search anything the police want without asking? and wouldnt someone need to be doing something suspicious to be searched for no reason? and also, how can i get a trespassing ticket for walking in a part of the park that had bridges and benches built in by the park with no signs saying we werent allowed back there?
 

p2th3j

Junior Member
1:45ish, about.. we were kept there until 2:30ish.. we were not even seen coming out of the woods, we were seen in a often traveled area
 

p2th3j

Junior Member
yeah, i am in college so i got out of school last thursday. the two people i was with were in high school but it was a half day so they were not doing anything wrong either
 

cyjeff

Senior Member
By the way, any time a cop tells you to keep your hands out of your pockets.. you do so.

You are lucky you weren't shot.
 

Zigner

Senior Member, Non-Attorney
C'mon folks...
This op was walking out of a wooded area. The cops SPECIFICALLY asked if they had been smoking the Mary Jane. What brought that idea to their minds? I suspect it was the SMELL that these folks had all about them.
THAT provides all the reason the cops needed.
Now, our OP is here trying to craft his posts so that he hears what he wants to hear.
 

Silverplum

Senior Member
C'mon folks...
This op was walking out of a wooded area. The cops SPECIFICALLY asked if they had been smoking the Mary Jane. What brought that idea to their minds? I suspect it was the SMELL that these folks had all about them.
THAT provides all the reason the cops needed.
Now, our OP is here trying to craft his posts so that he hears what he wants to hear.
;)
Indeed, most likely.
 

p2th3j

Junior Member
no, i was not seen at all in or around any woods. and i doubt that i smelled because we covered up the smell. it is possible that they smelled it though, and if so, shouldnt he have told me that.. im not changing my story to please you because this is a forum and i know you could just be some lonely guy at home giving people bad advice, but i am asking because there might be a semi qualified person that looks at these things and offers a little free help.. i am almost positive i shouldnt get that trespassing ticket because it is not trespessing in the first place.. and i do not believe they had any right to search anything because i never gave them any consent for anything.. if they could smell it on me, fine, they can search me, but we didnt smell.. and i dont think they ever had any small legal right to search my car. i never said they could and i am almost definately positive that they have to have a warrant to search your car if you dont give them consent

is there anyone who has even a little bit of legal training? i dont want to be yelled at and judged by random people
 
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