Friend of mine was in a car with someone when they were smoking pot. My friend got out of the car and was walking to his car when a cop car pulled up. The cop got out of his car other guy rolled down his window, cop said he smelled pot and had pc to search the car. Other guy said pot and pipe were his only and only he was smoking. They detained my friend who said it wasnt his and that he didnt smoke. He kept asking to call his dad who was a lawyer and they said he could in a second. 20 mins later they wanted to sign an affidavit. He kept asking if he could talk to a lawyer 1st and they didnt answer him. They then placed him under arrest for obs. of justice, handcuffed and put him in cop car, took his keys and searched his car for 30 min and found nothing. At jail report said he was charged same as other guy poss and parephenalia, report said other guy and my friend both said they were smoking, no mention of obs. of justice charge, seach of friends car, lots of other lies, Can he sue?Illegal arrest, false information on police report...?
seirously doubt it... if the cop saw your friend with the pot smoker then your friend is in violation too (possession)... guilty by association... I know it sucks. Yes.. he has the right to an attorney... but not until after he sees the magistrate.. and not until after he's charged with a crime...Illegal arrest, false information on police report...?
Because his father is a lawyer...don't you think it's best he deal directly with his father concerning these issues?
As a minimum he COULD be charged with the possession as his close proximity is what's called ';constructive possession.';
However, I wouldn't do that knowing the responsible individual ';owned up'; to the offense.
There are legal grounds for your friend to be detained during the investigation because he was there.
If something happened that your friend isn't telling you such as....
his bragging that his dad is a lawyer and interrupting the officers while they were doing their job....that's what it appears to be as far as the Obstruction of Governmental Operation!
Most of the time the police will let the ';innocent'; one in the car leave. If your friend was disrespectful or whatever the police might have thought he was...they can arrest anyone in the car. the police can charge each person with the same offense. They will probably drop the charges on your friend.
His dad's the lawyer, ask him!
Yup, you were caught with them, in a car in the commission
of a crime related to drugs, they can charge you as well..........
If the cop saw your friend get out of the car then he is automatically associated with the pot smoking. In the courts view, if someone is doing something illegal then the other person has an obligation to tell the authorties. Since your friend said that it was not his and he wasn't smoking anything, he automatically becomes as responsible as the person doing the illegal activity. Thus, your friend was charged with the same crime.
Since cops are smart and could probably tell that your friend was high, all your friend would have to do is administer a drug test before the court. But, since your friend was high then the cop can take advantage of lthe situation knowing that he would fail the test if your friend was to produce one.
Sueing is not an option b/c citizens are not allowed to sue an individual officer. Only can a defendant persue a court case against the entire department.
When the cop mentioned the obstruction of justice charge that was probably just to get your friend to adhere to being arrested easily. A cop can say whatever, but on paper it must be precise. In this case, it would come down to his word versus your friend...........The judge would most likely agree with the officer. The cop was most likely indeed a di ck head, but that's here nor there after your already in jail.
Your lawyer might be able to argue that the officer didn't allow for a lawyer before the affidavit, but, you are not allowed to have lawyer present before you are arrested.............That's a supreme court decision.
If a lawyer happens to be present then it's ok..........but to be getting arrested on the spot and have the officer call and wait for the lawyer to arrive.............won't happen.
hope this helps
ps. some of the previous comments from these people are way off............