This happened a couple nights ago, I had to piece it in my head just now. Me and my friend Steve were in the back of Kabloom, a flower shop in my town Montclair, New Jeresy. We had a gram, so we each smoked it as joints. While high, we went on top of kabloom by an attached ladder to the place. We were climbed up and continuted smoking up there, good view, nice weather, sun, it was nice. We were up there for about an hour. Literally as we were coming down the 5-0's pull up with the siren on, with the MEGAPHONE and yelled at us to come down slowly. We did as we were told and they came towards us. They put us both in handcuffs, TIGHT handcuffs, and SLAMED us against the car. When I say slamed, I mean Hockey Check Slamed us to the car. He proceded to frisk me, and started going through my pockets when I yelled, (As told to by the various threads on grasscity, and which seemed like a good idea at the time) "You do NOT have my consent to search my person." The cop looked at his partner, then me, and laughed. The partner laughed with him. Even though I had nothing in my pockets, I didn't want him going through my shit or anything. He didn't listen to me, and just kept checking my pockets and only found my wallet and my cell phone. He grabed my shoulders and turned me around roughly, when I stumpled and fell down onto my knees. He pretended like it was an accident, picked me up, and dusted me off. He took out his flashlight and shined directly into my eyes, mumbled the word "Stoner" then flipped through my wallet. He got my name from my ID in my wallet, wrote it down, my address. He did the same to my friend dan. Then he THREW us into the back of his car, where we couldn't help but sit on our handcuffs and have the metal dig into our skin. He drove us down to the station, filed a report of something. We waited there for a while, then they turned us loose with a court date for "Criminal Mischief". We were sitting on top of Kabloom doing nothing. My court date is August 2nd. If I had been sober, I would've YELLED my ass off, but, being under the influence, haha, thought it was dream like and remotely funny. The best part was the cops trying to be serious throughout the drive to the station and us just laughing it up. "What were you doing up there you fucking stoner???!" "LOL steve, he said Stoooooner. stooooooooner." Hahaha. Well, we'll probobly just get fined and have to do community service or something, no idea. I really hate cops like that. The only reason we didn't get busted for smoking was we had nothing on us, we each ate our roaches, and didn't smell like it because the breeze on top of kabloom was sweet. I'll let you guys know how court turns out, I think I have a lot of things against him. EDIT: Bah sorry, wrong section. MOD please move it when you see, thanks.
That sucks. You shouldn't have been on the roof. I'm sure that's why you were arrested. It's your word against theirs. Good luck.
Just plead not guilty and tell the judge you did not consent to a search but that the officer searched you anyway. Tell the entire story in as much detail as you can and you should be fine. I'd file a complaint against the arresting officer. Was it illegal for you to be on top of the building?
cops are mean and scary *shakes head* around these parts anyways... thats sucks about what happened...i hope it goes okay on the 2nd!
Thanks guys for the support. Yeah, definately illegal to be on top of that building, trespassing. But the clouds up there, and the view...
Yeah, they were busting you for being on the building, not smoking pot. They probably suspected it though, if your eyes were shot and you might have smelled of it. (I know my "nose for pot" is seriously blunted right after I smoke... I can never tell if I wreak) If your rights weren't read to you while you were being arrested, that's your ace in the hole if anything goes wrong... just be careful mate, and do everything your asked to. Be cooperative and polite, but be sure to let them know if the cops slipped up.
LMFAO i cant believe that ppl actually think that it matters if your rights are read to you or not... IT HAS NO BEARING ON WHAT THEY CAN DO. they dont have to say them to you... thats the movies ppl... not here. honestly you have your rights but you dont have to be read them.
Wrong. They have to read you your rights if they ARREST you, which they did. They can question and harrass you all they want without reading your rights, but if you actually get arrested, they must read them. The thing is, you don't have to be read them at the time you get arrested, either. Just at some point before you are interrogated. So up until your ass is in the chamber with a couple cops drilling you, they never have to say it. But if they try to drill you without saying it, they can get in trouble and you may be off the hook. EDIT: Haha, welcome to being arrested! It will never be better unless the cop has a camera crew following him.
Your rights were not violated by the police failing to read your Miranda Rights. Miranda Rights involve interrogation. If the police were interrogating you without reading you your Miranda rights, then that would violate the law. But, if they never interrogated you, or they don't gain any evidence by interrogating you w/o your rights, then it doesn't matter. You won't have a get-out-of-jail-free card if they don't read your rights. It just means that any evidence they gain through interrogation can't be used in court.
They read me my rights immediately after I was handcuffed. Then I got put in the car. fuckin pigs, wasting tax dollars i say. go bust a rapist, fuckin pigs
wow i feel for ya man, what a waste of time. i myself would have flipped out if those cops did that shit to me.
im not sure about the whole miranda rights thing, because my friend got arrested while i was with him and he had a gram of weed on him, so the cops just cuffed him, put him in the cruiser, filed a report, then sent him home. they never read him his miranda rights(and they were interrogating him too)so when he brought the case to court, he was acquitted of the charges because he didnt have his rights read to him but given something like 15 hours community service.
Haha i would've too, if it wasn't so damned funny...I was like, "Dude, these cops are taking this so SERIOUSLY hahahaha"
if he was acquitted of all charges why did he have to do 15 hours community service... i think your meant they gave him a ermm forgot what its called it starts with a d.... but pretty much you pay the court money, do some little sentence(community service or a drug class) and then you cant get in trouble again for like a year or something....
here http://www.flexyourrights.org/index.php it would've been sweet if you had a tiny hidden camera in your hat or somethin
I have been arrested many times( wild childhood) I am a good girl now. Anyways, I was arrested one time and they didnt read me my rights gd it and when I finally got a court appointed attourny she made a big deal, but the judge blew her off. Said that by the looks of my case file, I should have them memorized. Man that sucked.Good Luck!