What is the name of your state? California
I was at a friend of mine's house, and a police officer knocked on the door (Neither of us are minors). My friend is going through a divorce and he had filed a complaint against his wife. The officer that came to the door had in his hands a urine test kit. He took my friend outside, and a time later knocked on the door. I answered and he told me my friend was under arrest for meth usage, and he had admitted it. He asked me to grab his keys for him and come outside. I told him he had his keys on him, at whichtime a call over the radio came over that the suspect did have his keys. The officer then told me to turn the lights off for him then. When I did so, he shined the lights inside the apartment. I turned the lights on and said, "Officer, I don't know what you're looking for, but there's nothing here." He then asked me to step outside and on the curb. At that time he asked me to take a FST. I agreed, and passed 3 out of 4 tests. He said after the 3rd test that the previous tests did not count and that the last one did. The previous ones I had passed where the timed count to 30 seconds with my eyes closed and head back, the pulse test, and touching my fingers to my nose. The one he said I failed is the test where he shined his light in my eyes. He then arrested me for being under the influence of a controlled substance as well. When I was placed under arrest, I asked for an attorney, and he told me that I did not have the right to one, and that he would bring me to the station and tell me why. He put me and my friend in the back of the police car where he then took us to the station. Once in the holding cell, he then brought in a paper for me to sign that said that they request I take a urinalysis. I told him that I wished to speak with an attorney before I signed this or made a decision. He told me that I had no right to. The whole time in custody he never read me my rights. I told him five times that I wished to speak with an attorney, and he never let me. He then told me to initial that I declined to take an urinalysis. I did, but put T.D.C. on the paper next to my initials. I was then taken with my friend to county jail and booked. Come to find out, my friend never said he was under the influance of a controlled substance, and also refused to take the urinalysis. No substance was found on either of us, nor any paraphernalia. We were not driving, so I assume no implied consent law applies. I think that I can get the charges dismissed, and sue the officer, city, and county for false imprisonment and arrest. Also sue the officer in civil court. What is anyone else's take on this?
I was at a friend of mine's house, and a police officer knocked on the door (Neither of us are minors). My friend is going through a divorce and he had filed a complaint against his wife. The officer that came to the door had in his hands a urine test kit. He took my friend outside, and a time later knocked on the door. I answered and he told me my friend was under arrest for meth usage, and he had admitted it. He asked me to grab his keys for him and come outside. I told him he had his keys on him, at whichtime a call over the radio came over that the suspect did have his keys. The officer then told me to turn the lights off for him then. When I did so, he shined the lights inside the apartment. I turned the lights on and said, "Officer, I don't know what you're looking for, but there's nothing here." He then asked me to step outside and on the curb. At that time he asked me to take a FST. I agreed, and passed 3 out of 4 tests. He said after the 3rd test that the previous tests did not count and that the last one did. The previous ones I had passed where the timed count to 30 seconds with my eyes closed and head back, the pulse test, and touching my fingers to my nose. The one he said I failed is the test where he shined his light in my eyes. He then arrested me for being under the influence of a controlled substance as well. When I was placed under arrest, I asked for an attorney, and he told me that I did not have the right to one, and that he would bring me to the station and tell me why. He put me and my friend in the back of the police car where he then took us to the station. Once in the holding cell, he then brought in a paper for me to sign that said that they request I take a urinalysis. I told him that I wished to speak with an attorney before I signed this or made a decision. He told me that I had no right to. The whole time in custody he never read me my rights. I told him five times that I wished to speak with an attorney, and he never let me. He then told me to initial that I declined to take an urinalysis. I did, but put T.D.C. on the paper next to my initials. I was then taken with my friend to county jail and booked. Come to find out, my friend never said he was under the influance of a controlled substance, and also refused to take the urinalysis. No substance was found on either of us, nor any paraphernalia. We were not driving, so I assume no implied consent law applies. I think that I can get the charges dismissed, and sue the officer, city, and county for false imprisonment and arrest. Also sue the officer in civil court. What is anyone else's take on this?