Sunday, February 7, 2010

False arrest ?

My daughter was arrest for possion of and dealing marijunia ...Now after reviewing the case the police are dropping all charges....What happen was her and a friend were driving my car they were pulled over after turning around in a park after dark..not sure if this is even legtament .reason..to stop then .she did not give permission to search the car.He told her he had probal cause.then had them get out of the car.4th admentment violation ?..the girl with her had 2 dimebags of weed she got scared and threw them in the back seat....She admit at the time that they were hers and my daughted knew nothing about them....did no good still arested her and chargerd her hith 2 class As misdeminor...took her to jail ...$750.00 for bail and $175.00 impound fee for my car ...can we file false arest charges or get her money back some how....She had never had any contact with law enforcement before this..I hadnt hired a Lawyer yet was waiting to get a coppy of the arrest report...should I look for 1False arrest ?
I deal with a lot of false arrest cases. I've seen weaker cases than this. If you feel your rights were violated, go see a lawyer for a consultation. They usually consult for free. They will let you know if you have any case.





Also, do it quickly. Some municipalities (the people who employ the police) have laws saying you need to sue/notify them of intent to sue within a short time period. So do it quickly (you never know).





Usually with False Arrest, the most important thing is that the charges get dropped. SInce you say that happened here, then you at least have the beginning of a case. But hire a plaintiff's attorney specializing in personal injury. They will be able to give you more info.False arrest ?
If the park was closed, then that was a legitimate reason to pull her over. As for the probable cause of searching the car, that depends on if the officer could see the 2 bags that the girl threw in the back seat. If he could, they were in plain sight and that did give him probable cause.





She is legally responsible for herself, and her passengers and any contraband in her car, so it doesn't matter that the girl admitted that they were hers.
They, the police, can charge you with anything then decide later whether or not they have enough evidence. The real problem here is that now your daughter has an arrest record, even though they dropped the charges she will always have to admit to being arrested for possession and possession for sale on any job application. When someone checks her record they'll see that it was dropped but they always wonder why was she arrested.
lawyer up. number one: talk to your daughter, tell her no talking, to anyone. not even 'her side of the story'


no story, no statement.


that way if you have to hire an attorney...he does not have to cover up acts of stupidity. *talking* and he cannot go against the law. just common sense.


remember if your daughter is going to hang with confusing friends.....she must know the law, and number one protect herself.
Yeah you should get an attorney and sue them for false arrest and violating her 4th amendment rights. I have a similiar case myself but not with drugs.
Not a false arrest. There WERE drugs in the car SHE was driving. No 4th amendment violation either. Consider her lucky, and tell her to get smarter friends.
No.





The cops found drugs in a car she was driving. That's ample probable cause for the arrest, so it's not a false arrest.





A 4th Amendment violation would be grounds to have the evidence found ruled inadmissible at trial, which 'may' be why they are dropping the charges.





On the other hand, if the other girl just threw the bags onto the back seat, they may well have been ';in plain view'; which means no 4th issues, or the cop may have seen her throw them, so they may just be dropping them because they are believing the other girls admission of sole guilt.





Your daughter needs a better class of friend.





Richard
Your the Daddy?, Did you read this question, before posting? Driving in the park after dark(What time was it?), is this a know area for drugs? Were your daughter and her friend smoking (Her friend just so happens to have two dime bags on her?), to give cause for the pull over? If they were not guilty of something, why her friend feel the need to discard two bags of smokes into the back seat of the car? Sorry Daddy, your daughter really needs to know about the company she keeps, and you should know all of her friends too. There a law call The Terry Stop, maybe you should read it and educate yourself a little bit. When stop by a Law Enforcement Officer, you need to obey all commands, I'm sure he had a legimate reason for the stop. After reading the arrest report consult and lawyer and ask about the Terry Stop.

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