Alcohol & Drugs: MIP, MIC, Intoxication Searched because officer thought i had waarant

[AndrewMaxwellWi]

The local police have detained me several times over the past few years. out of i'd say 8 or 9 times, they have only twice found paraphernalia on my persons, including this time. Whst happened is i was on my bicycle, i went into the local bar at approx. 3 pm to get change for the septa bus. As i exited the bar and got on my bike an african American male approached me on foot and asked for directions to a different bar. This is when the arresting officer drove past. I didn't know and never saw this man before in my life. My town is predominantly Caucasian and during my arrest the officer questioned me, rather implied I had met him for drugs. I hadn't. Anyways, I pedaled away from the man and caught the bus, placing my Bicycle on the rack on the front of the bus. As soon as I had paid, the officer cut the bus off and boarded it, ordering me out of the bus. at this point he ordered me to palm the trunk of the cruiser as he searched me. I failed to tell him about the glass pipe in my pocket because I had no idea I had left it in them. I was never read my rights or asked to be searched. the officers explanation when I asked about why hw detained and searched me was that he believed he remembered me having a warrant. I had NO WARRANT and I told him so before he began searching me. this being a ploy most likely to search me. He then took me on what I thought was an extra long ride to another station to be printed and pictured. he was being what seemed like overly nice and accommodating, asking me about the tightness of my cuffs repeatedly and even saying if I ever needed help, anytime, to call him personally. At the end of our interactions, right before he released, he added that he would do everything in his power in regards to the judge's sentence, pushing for a summary offence sentence. I feel absolutely harassed by this police department. They have tried to alienate my from my friends, telling them that they would be pulled over every time I was in their car and to stop associating with me. I guess my question to you is whether or not you think the officer was so nice plus his promising a light sentence recommendation was because I have a strong chance to beat the case, be it a privacy/rights violations on their part or it be something else they did wrong.. I'd also like the look into whether I have a harassment case on my hands… any suggestions?

 

[CdwJava]

I failed to tell him about the glass pipe in my pocket because I had no idea I had left it in them.

So .. he found your meth pipe?

I was never read my rights or asked to be searched.

Two different issues.

Miranda rights are required only if you are BOTH under arrest and being interrogated. So far it appears that neither situation has occurred, ergo Miranda is not yet required.

An officer may conduct a pat-down search for weapons with minimal articulated cause. He may conduct a more invasive search (such as reaching into pockets) upon articulated probable cause. Whether either circumstance existed will be up to a court to decide and will be based upon the totality of the circumstances and the articulation of the officer.

the officers explanation when I asked about why hw detained and searched me was that he believed he remembered me having a warrant.

If he can articulate good cause to believe you had a warrant and thus you were searched pursuant to an arrest, then he'd be golden. However, your attorney might be able to make mincemeat out of that excuse unless he can show how and why he believed that with something more than, "I thought I remembered ..."

I guess my question to you is whether or not you think the officer was so nice plus his promising a light sentence recommendation was because I have a strong chance to beat the case, be it a privacy/rights violations on their part or it be something else they did wrong.. I'd also like the look into whether I have a harassment case on my hands… any suggestions?

He may have just been nice to be nice. Or, maybe he's hoping to get you as a snitch.

And it's going to be hard to make a case for any kind of harassment when they have caught you with dope or paraphernalia before. You have to show that the stops are without cause and are done solely to harass you. I doubt that's going to happen.

Are you on probation or parole? if so, that would certainly explain a lot.

I doubt they are just "harassing" you for grins and giggles. Apparently you have done some things that has lead them to believe you are involved in some nefarious activity. Whether true or not, the fact you admittedly have been caught holding a few times certainly helps to reinforce their opinion and make it more than likely justified.

If you feel you might have a cause for civil action, consult an attorney. If he asks for money up front, you either have no case or the potential award is too low to be worth his time and effort. if he does a cartwheel and agrees to take it on contingency, you have a winner.

- Carl

 

[AndrewMaxwellWi]

more or less, yeah. mariquana but yeah. My main worry was that he as trying to lax me into not aquiring a lawyer. do you know i'd be albe to get a lawyer after i discovered wether or not he truly intended to put in a good word with the judge? Thank you so much for your frank reply.

 

[CdwJava]

You can hire an attorney at any time. If the case goes to trial and you are indigent, the court will appoint you counsel. If you have the ability to do so, you might consider consulting an attorney before trial. If there are issues regarding the search, an attorney might be able to head it off early and get the case dropped before any trial rears its ugly head.

- Carl

 

[AndrewMaxwellWi]

Thanks man. they say a man who represents himself has a fool for a client(excuse the clieche) so the officer can't be pissed at that. Thanks again