Thu
Feb 2 2006
07:49 am

Here's the scenario. I work 40 hours a week. Directly after work, I drive 45 minutes to school for three hours classes four nights a week. On my way home there is a rather long stop light where the city is doing roadwork. I stopped and was looking down at my notes from class. Obviously the the red light had changed and I didn't notice. The policeman monitoring the roadwork banged on my window. "Step out of the car, please." "Why?", I asked. ""I smell alcohol", the officer states."Just get out of the damned car." So I replied. "Sir, I just came from class and have had NOTHING to drink." I argued. "I need you to do a field sobriety test." "Fine, I say." After all I have nothing to hide.

I step out of the car and go through the paces, completely passing, until the end. The physical standing on one foot, touching your finger to your nose, were passed with flying colors. Then the bullying cop says, "say your alphabet H-X. So I did, except I also said Y and Z. I have a small child and am frequently saying the alphabet so this was just habit. He then told me I failed the test and was going to jail. Jail? "I've done NOTHING wrong" He took my purse off of my arm and went to his car. About this time four other officers arrived asking the usual questions, "Is this a DUI?" 'Im not sure," replied another officder, the arresting is in his car writing a ticket." I began to explain the situation that occured.

During this conversation with the other officers, the arresting came out of his car and had two small baggies of what looked like pills. Pills of which I coudn't even recoginize as medication I had ever seen beofel

"Those ARE NOT mine" I explaind. Well you're going to jail for DUI. " Give me a breath alyzer I pleaded. "We have to do that downtown." The lying copy put handcuffs on me in the middle of the street so tight , I now have bruises.

When the breathalizer was given, it only showed a Blood Alcohol Level of 0.01 I had half a glass of wine 6 hourse previous with my dinner.

They impounded my car (with mine and my daughter's book bags in it and everything else we needed for school..

I maintain a great GPA work 40 hours a week and drive forty-five minutes to school one way there and 45 minutes back. I don't have time for "partying". This is extemely humiliating.

This specific asshole cop must have had something to prove by fabricating charges and evidence.. After all, What better way to get a promotion.

P.S. I'm also missing the $40 dollars that was in my wallet and was never read my miranda rights

cafkia's picture

Unfortunately, this kind of

Unfortunately, this kind of crap isn't new.  If your story(ies) turn out like mine, the only joy you can expect is from watching those who listened to your story with a look of disbelief, when they have their own stories to tell.  The options are always: fight injustice now or, suffer injustice later.  

Damn it took me a long time to learn that.

CAFKIA 

----------------------------------------------------------- 

It is impossible to defeat an ignorant man in argument.
  - William G. McAdoo

KO's picture

So were you actually charged

So were you actually charged with DUI?  If so, the first step is to get a copy of in the in-cruiser video (about $60) and have a criminal defense lawyer take a look at it (the lawyer can also get the tape for you).  Let the lawyer view the field sobriety tests and compare what she or she sees with the officer's field notes from the arrest.  If there is really no cause for the arrest (which is almost never the case after viewing the video--everyone tells me they passed the FSTs but the video usually shows otherwise), then you have a good defense and some administrative remedies are available to you once the criminal case is dismissed.

www.herstonlaw.com

www.myspace.com/skinnyskier

LCleavelin's picture

Um, were you questioned? If

Um, were you questioned? If you weren't questioned or otherwised prevailed upon to make a statement, the cop would be under no obligation to read you your Miranda rights.

And, depending on what this:

I began to explain the situation that occured....

is standing in for, you may have gone and functionally waived Miranda anyway. If this ever happens again, Rule One is: "STFU!" The only thing you should ever say to a cop in a potential arrest situation is, I would like to talk to a lawyer, sir."

BrockPlasma's picture

I could be wrong but

A suspect, person of interest, what ever you want to call them, can envoke their rights at anytime whether they have given a statement or not. Also if a person feels that they are no longer free to leave a scene at anytime then that person must be read their rights.

Example line of questioning, "How are you today? Where are you going? Can I see your license? No problem yet but if you add, where were you at last night between midnight and 2 am when the gas station was robbed? Well you better read them their rights because this has turned from a conversation to an interogation.

Also if you restrain a person in cuffs or put them in the back of your cruiser, they can claim they felt they had no right to freely leave the scene, so you had better read them their rights. Also any statements made prior to a person's rights being read to them can be thrown out of court. The rule we have always went by is that you read them their rights first, just say it is standard procedure and that way anything they say from that point on can and will be used against them in a court of law.

 

LCleavelin's picture

"A suspect, person of...."

A suspect, person of interest, what ever you want to call them, can envoke their rights at anytime whether they have given a statement or not.

Yes. However, the police are under no affirmative obligation to read Miranda rights unless they begin questioning or do something else intended to elicit a statement from the suspect. If a suspect is stupid enough to just start talking on his/her own (and you'd be surprised at the number of people who spontaneously start talking themselves into prison), lack of Miranda rights is irrelevant.

Also if a person feels that they are no longer free to leave a scene at anytime then that person must be read their rights.

Only if the cops either question the individual or engage in behavior designed to elicit a statement from the individual. If the cops arrest you, toss you in the back of a squad car, and haul you off to the station and book you, without questioning you, without doing anything to get you to make a statement, and without reading your your rights... tough. The arrest's still good.

Undoubtedly the best practice is for the police to inform you that you are under arrest, and then immediately advise you of your rights. But there quite a bit of room between best practice and permissible practice.

BrockPlasma's picture

I agree with you 100%

I was responding according to the situation that the original poster made about being told she was going to jail and being put in handcuffs.

If it were to go to trial and one would hope a smart DA would see that the arrest, as written, was garbage and would just drop the charges. If not, then this should be a cake walk for the defendant.

One question I do have though, is that with the in-car microphones, in the situation you discribed, could the suspects words be used against them since they were offered freely and without any questions being asked or would the arresting officer have to pass this information along to a detective and hope they could sweet talk them into repeating it again once they've been read their rights, "just to protect me (detective) and you (Suspect)". You know use the old standards, "Time to be a man (or woman)" or "I'm just trying to help you and this is the only time I might be able to do that." Of course this is hopefully right before you slap the cuffs on them again and spruce their hair up for the mug shots they are about to have taken.

 

NSG's picture

Did this happen inside Knox

Did this happen inside Knox County. What agency did the officer represent.

Stick Thrower's picture

He took your purse off your

He took your purse off your arm and went to his car?

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