Was all of this done within my rights?

[Harley-Davidson]

Illinois

My friends and I went out one night to the bars in a college town. Once we all got into the bars, 2 of my friends handed me their wallets (I am a pretty big guy and one of the other guys almost got his taken the prior weekend). Well, we proceeded to have a good time and I was very intoxicated. I got split up from my friends so I shared a cab back to one of their apartments (I shared a cab because it is hard to get one since these bars were downtown and they had all just closed. I saw a guy getting in one so I asked and he agreed). The cab dropped me off and I soon found that they were not there at the apartment. I then continued to go to a house were I heard they might be. I met up with them there. The party ended so we went back the the apartment. Everyone was just hanging out inside and I decided to step outside for a while. I ended up sitting out there for a while. I then saw/heard a bunch of cops in the area (I thought they were headed to the opposite corner of the block). I decided to go see what all of the commotion was. I walked around the corner and there is one of the kids from the house party pointing at me and yelling "THATS ONE OF THEM!". I stopped there and the next thing I know is that I am surrounded by about 8 cop cars and I am being slammed into one of them. They searched me and found the wallets and asked me why I had them. I told them. They didn't believe me. I asked what the deal was and they told me that I already knew. I was placed in the cop car and one of the officers began asking me some questions. I had no problem answering them because I didn't do anything. They were just asking me where I had been and why I had the wallets. I kept telling him the story and he started yelling at me and saying that my story made no sense (it made perfect sense because thats what happened). I then stated that I wanted my lawyer. He then asked me why I needed a lawyer if I didn't do anything and I said I would rather be safe than sorry. He kept asking me questions. I was then pulled from the car and had a spotlight shined in my face (I'm assuming that I was being identified. I was then placed back in the car. I then asked the officer if he could loosen the cuffs a little bit because my hands were cold from not getting enough circulation. He said we would be at the station soon enough. Once we got to the station. He went to remove the cuffs. He then made fun of me and pretty much called me a wuss because he claimed that the cuffs were almost falling off of me (once they were removed, my hands were blue and my wrists hurt for a week after that). I was then placed in a tiny room and was asked where I was and what I had done that night. I told them. They then did this 3 more times and each time he came in yelling and saying that I was lying and that my friends told him the "real" story. He then brought in a piece of paper and told me to write it down. I wrote down where I was and what I had done that night in about two lines ( that I could barely read because I was so drunk). The cop then come back in and sarcastically thanked me for the "novel". He then told me that he was placing me under arrest (about 2 1/2 hours after being grabbed by them). I was read my rights and the cop left again. I think they just did this to scare me into telling them the "real" story (when the fact was they were getting it all along to the best of my intoxicated knowledge). They then brought me out of the room and said they were releasing me, but that they might be getting a hold of me in the near future. The sargeant then told me that he was taking a polaroid of me before I left. I told him that I didn't want him taking my picture. He then raised his voice and told me that he was going to cuff me again and throw me back in the room. I then agreed and got my picture taken and was released. I found out later on that some people broke into that house that I was at and tried to take their keg. They were charging a few of the people I was with with felony burglary (two of which I had their wallets on me). I don't know if they did it or not. What I do know is that I didn't. Where my rights violated? It has been a month since this happened and noone has contacted me. Should I be prepared to get a lawyer? One of my other friends was issued a warrant for his arrest (felony burglary) because one of the other guys mentioned his name (in a story that I believe to be false). They issued the warrant because he didn't come in to "answer a few questions" (his lawyer told him not to). He was placed in a lineup and the single witness didn't I.D.. I think they are only doing this because of the one suspects story (even though the other suspects is completely different). Does he have anything to be worried about? Everyone has a clean record and they really seem to want to put a felony on them. What should be expected?

 

[FKNA]

Welcome to the American justice system. From what you have said, doesn't appear that your rights have been violated. As far as if you have anything to worry about, that's always a possibility. After all, someone could point the finger at you trying to get themselves off. But in the meantime, unless you do get charged I wouldn't worry about it any. Just get on with your life.

 

[Harley-Davidson]

My main question is about the whole thing about me asking for a lawyer. Should they have stopped everything right there and got me a lawyer? I was aware at the time that I was very intoxicated (they probably could have gotten me to say anything) and that the situation looked really bad. I didn't want to end up with a life sentence because I was drunk and the police couldn't find anyone else to pin this on. As far as I have heard, they should have stopped all questioning right there and fetched me a lawyer. As far as anything that was said after I made that statement, I was told it should be inadmissable in court. It just really bothers me about the whole situation. They say that in our legal system you are "innocent until proven guilty", it seemed to me that it is just the opposite. Same goes for my friend. The only witness identified two of the kids (the ones whos wallets I had) as being the ones that entered the residence without permission. I could care less about these two. I am not 100% sure what they did (don't really care and it is probably better that I don't know) but I figure that if the witness identified them then they had better plead guilty and move on. I am worried about the friend that the witness did not identify. The cops know that the witness did not identify him when she was given the chance to do so. But one of the defendants mentioned my friend's name (the other one didn't ) so they issue a felony (burglary) warrant for his arrest. What should this friend do? I am concerned for him too since he has a clean record too and a felony isn't exactly something that he needs to have on his record because one of the defendants thought he would get out of everything if he gave the cops a bunk story.

 

[FKNA]

As far as your friend goes, they definitely need to retain a lawyer.

I agree, seems so often in this country you are guilty until proven innocent. In regards to them still questioning you after you requested a lawyer, you are at fault there. Even though you requested a lawyer you kept on answering questions afterwards. I know it's a bad situation, I know it sucks that you had to go through that. But the best thing for you to do is just chalk it up to experience. It would be far too costly for you to pursue the matter.

 

[Harley-Davidson]

I had no intention of persuing anything really, but alot of this stuff is good to know. Also, these cops have been real *******s and if they decided to call me up and drag me into to this, I kinda wondered if I could be an ******* about that (I do realize that I can't now). I'm not exactly a career criminal or anything. This happens to be my first run-in with the cops (hopefully the last too). I do have a couple more questions though. My friend (the one who is only connected to this by the one defendant's bunk story) was called up by the police about a week after all of this happened. They said that they wanted to talk to him and that they were probably going to arrest him too. They said that if he didn't come in, then they would come and pick him up at school or at his house (which is in another county) . He told them that he would try to make it in later that week and they said that would be fine. Well, my friend called his lawyer and told him the whole story and the lawyer told him not to worry about going in (I don't know if he thought they were bluffing about picking him up or what). He said if they wanted him bad enough, then they would pick him up and then he should call him. He said they probably wouldn't go after him anyway. He said they would probably wait for him to get pulled over and then they would haul him in. After about a week passed, the cop called him up and told him that they issued a warrant for his arrest. My friend tried to get a hold of his lawyer and let him know of the warrant, but he could not get a hold of him. We then found out that he could go down to the county that he was in and post his own bond (the county where the warrant was issued required someone else to bond you out, you are unable to post your own bond) and have this taken care of in about 30 minutes. I told him that would probably be his best bet (I really didn't want him going to the other county without talking to his lawyer. ) so he went down there. He said all of the cops down there were nice as hell and when they called up the other county to get his info. The cop that talked to them said they were being *******s(He asked my friend if he had done anyhting to piss them off). After this was taken care of, we found out that the state police went to the community college looking for him. The town cop went to his house 3 times looking for him (He usually hangs out at my place). When they found out that he is usually around me, they even started following me around. They were even monitoring me at my parents house. Do they usually go after someone this hard for something like this or are these guys trying to *******s? It just seems like they are acting like my friend is a murder suspect or a drug lord. Is his lawyer an idiot or was there a good reason for his advice?

 

[FKNA]

No, they normally don't go after someone that hard for that kind of offense. Your friends lawyer was right, they normally just issue a warrant and wait until he gets pulled over. Sounds like they are just being jerks. Your friend probably pissed them off by NOT going in at their request, so now they're on a power trip.

Keep in mind, there are some very good cops that are out there just doing their job and then there are the jerk offs that are very corrupt and/or on power trips. One of the quickest ways to piss off a power trip cop is to know your rights.

Looking on the bright side, warrant has been issued, bond has been posted. Now your friend will be dealing with his lawyer, which in turn will be dealing with the DA. The good thing about our legal system is no matter how bad the cop may be, once you get into the court system most guilty people get convicted and most innocent people go free.

 

[Harley-Davidson]

Thanks for your replies, you have been very helpful. I guess we will just have to see what happens. I have been told that if this would have happened in just about any other county then this whole situation wouldn't even be that big of a deal. The cops in this particular county are known for being *******s on a power trip that would nail their grandmother for jaywalking.