Alcohol & Drugs: MIP, MIC, Intoxication Possesion under 2 oz Charge

[txgrl1985]

Saturday night, my boyfriend and I walked to a friends house and about 45 seconds later the cops showed up for something that happened prior to our arrival. The cop detained all of us even four minor children he searched the adults. The guys he patted down and the girls he made us lift our shirts so he could see our waistbands. My boyfriend and I advised the officer we had no idea what was going on. He told us to shut up and keep our hands out of our pockets... The officer searched our friends truck and found marijuana in the bed of the truck and told the sheriff to place us all under arrest they started hand cuffing the guys and made the girls place our hands on our heads. My boyfriend didn't want to see everyone go to jail so he claimed the substance that was found. The officer arrested him never read him is miranda rights...The only time he was read them was when he was arraigned about 12-13 hours later. I overheard the cop the next day when I was giving my statment say he had a goal. Two arrest and a DWI in which the DWI fell through and he was able to get one arrest. The officer pulled up with a preassumption of what happend and was adimant about making an arrest no matter what...The officer let me leave but kept my boyfriend is there any legal action we can take to get the charge dropped.

 

[seniorjudge]

Did you have a question?

 

[CdwJava]

Saturday night, my boyfriend and I walked to a friends house and about 45 seconds later the cops showed up for something that happened prior to our arrival.

Of course, the officers had no way to know that and are under no obligation to just take your word for it. SO, you get swept up into whatever drama began prior to your arrival.

He told us to shut up and keep our hands out of our pockets...

It's a safety thing. That's why you were all patted down or asked to reveal your waistbands - they were looking for weapons.

My boyfriend didn't want to see everyone go to jail so he claimed the substance that was found.

Good for him ... I hope his friends appreciate his sacrifice.

The officer arrested him never read him is miranda rights...The only time he was read them was when he was arraigned about 12-13 hours later.

Miranda is not required unless a person is both in custody AND being interrogated. If at trial they try to use any statements he made after he was arrested and before his Miranda rights were read, then his attorney can request they be suppressed.

I overheard the cop the next day when I was giving my statment say he had a goal.

Okaaay ...

What's wrong with that? I have goals in life, too.

Two arrest and a DWI in which the DWI fell through and he was able to get one arrest.

So he had hoped to get more arrests or charges out of the affair ... how's that relevant?

The officer pulled up with a preassumption of what happend and was adimant about making an arrest no matter what...

Irrelevant.

Unless the officer lied, planted evidence, or performed some other act of malfeasance, his "preassumption" is irrelevant. An arrest need be supported only by probable cause, it need not be supported by a clean and balanced neutral mind going in. We ALL make assumptions when we enter a situation, but in spite of those assumptions, we (the police) are required to act legally.

The officer let me leave but kept my boyfriend is there any legal action we can take to get the charge dropped.

Any "legal action" you can "take"? No.

You CAN help your boyfriend pay for an attorney, though.

- Carl