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[font size=1" color="#FF0000]LAST EDITED ON Jun-01-02 AT 06:46AM (GMT)[p]Just want to say ahead of time, no offense to any cops. However, I've spent the last two fucking days in jail because my car "matches the description of another that was recently stolen". Now, this doesn't bother me, what does is they arrested me because I had a knife that was a half of an inch to long (o.k. I let them search, but really, I didn't think that they would get so pissy over half an inch). Now, I get to go to court. Yea. So, is there anything I can say to get out of this. I'd just pay the fees, but after bail and impound I have no money.


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This is how the world ends, swallowed in fire but not in darkness...
 
Okay the subject screwed up. Just insert a few explicits and rude comments.
By the way, they didn't read me my rights, how much will that help me.


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This how the world ends, swallowed in fire but not in darkness...
 
[font size=1" color="#FF0000]LAST EDITED ON Jun-01-02 AT 12:34PM (GMT)[p]Whereabouts are you? Country, state? Also where did you get the knife - did you buy it locally, have a receipt?

I guess the only thing you can do at this point without hiring a lawyer is go to court and try to explain to the judge the circumstances. If you bought the knife locally, tell the judge you didn't know it was illegal and the store didn't say anything about it. Say that you have already been punished enough and politely ask that they dismiss the charges/fines/or whatever. Make sure that you never get angry at the judge, don't rant about the cops to him. At the very most calmly explain how you were unfairly stopped and that you were cooperative with the police but that you have been through enough problems for a misdemeanor knife violation. Usually the judges will be more understanding than the cops and will throw out the charges as long as you take the time to go to court.

If you want to try and sue the police you will have to hire a lawyer, set another court date, etc.... In my opinion, it doesn't sound like you lost out on too much, so you might want to just cut your losses. Trust me we all end up getting screwed over by he police at one time or another. You just have to play their game.
 
I'm not sure, but I don't think they have to read you your rights for a misdemeanor charge.

"Did we give up when the GERMANS bombed Pearl Harbor?"
 
>[font size=1" color="#FF0000]LAST EDITED ON Jun-01-02
>AT 06:46 AM (GMT)
>
>Just want to say ahead of
>time, no offense to any
>cops. However, I've spent the
>last two fucking days in
>jail because my car "matches
>the description of another that
>was recently stolen". Now, this
>doesn't bother me, what does
>is they arrested me because
>I had a knife that
>was a half of an
>inch to long (o.k. I
>let them search, but really,
>I didn't think that they
>would get so pissy over
>half an inch). Now, I
>get to go to court.
>Yea. So, is there anything
>I can say to get
>out of this. I'd just
>pay the fees, but after
>bail and impound I have
>no money.

Half an inch? After the guards checked the length, I was able to carry a three-inch blade into a government office close after the 9-11 attacks with no problem. Anything larger than that is considered dangerous...

But half an inch, that's ridiculous...

-Xotor-

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[font size=1" color="#FF0000]LAST EDITED ON Jun-02-02 AT 03:01AM (GMT)[p]Both are incorrect.

Reading of the Miranda rights are required before *any* detention action (imprisonment) is taken, and in most places it's after/during when you are cuffed and before you are placed into a car. If you are to be held in a cell, they MUST make sure they notify you of that as well, otherwise it's Improper Arrest and/or Detention Procedures (ASD-idt/DET-mrr). A bit of a grey area in some places with the car, but in many places the car is considered a place of imprisonment.

Detention for that long over a minor infraction of a misdemeanor charge is also a really bullshit item.
 
>
>But half an inch, that's ridiculous...

Half an inch *over* city regs.

Which is really bullshit. If it was a full inch or two over, it would be a problem.

And here I thought the Navy was anal at times....
 
I've been told that I have to got to court on June 22, which is my birthday, wonderfully enough.

They told me I would have to stay in a cell while they checked
the car's plates (I live in a backwater part of Tennessee and they don't have that stuff in all of the cars yet). Then they held me as they checked my record. Then they got suspicous from the time I got drunk and got in fight, mind you that was a year ago and I've been clean since. So, all in all, it would actually be about a day and a half in there.

I think between the lack of reading my rights and how big a production they made over a half inch of steel the judge won't do much.

Mainly this has been a rant about the stupidity of the cops around here. Once again no offense.

Rosh, do you know if a DOT cop can search a commercial vehicle without asking and make an arrest based on that? This happened to my dad. Yes, the police don't get along well with my family.

I'll post what happens the 23rd.

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This is how the world ends, swallowed in fire but not in darkness...
 
>
>>
>>But half an inch, that's ridiculous...
>
>Half an inch *over* city regs.
>
>
>Which is really bullshit. If
>it was a full inch
>or two over, it would
>be a problem.

Aha... okay now I see... still, unless the thing is a nasty looking buck-knife or a machette I wouldn't have gone berzerk over it like that...

-Xotor-

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[table width=200" border="0" cellspacing="0" cellpadding="0][tr bgcolor=#000000] [td style=font-family: 'Times New Roman', Times, serif; font-size: 8px]  [/td][td align=left" valign="middle" style="font-family: Arial, Helvetica, sans-serif; font-size: 36px; font-weight: bold; color: #FF0000; text-decoration: none]PAS:[/td][td align=left" valign="top" style="font-family: Arial, Helvetica, sans-serif; font-size: 14px; font-weight: normal; color: #FF0000]  [/td][td align=left" valign="middle" style="font-family: Arial, Helvetica, sans-serif; font-size: 14px; font-weight: normal; color: #FF0000]People Against Stupidity[/td][/tr][tr bgcolor=#000000" style="font-family: 'Times New Roman', Times, serif; font-size: 8px][td] [/td][td align=left" valign="top" colspan="3] [/td][/tr][tr bgcolor=#000000" style="font-family: 'Times New Roman', Times, serif; font-size: 16px; font-style: italic; font-weight: normal; color: #FFFFFF] [td] [/td][td align=left" valign="top" colspan="3]"Ignorance is excusable. Stupidty is not."[/td][/tr][/table][/div]
 
[font size=1" color="#FF0000]LAST EDITED ON Jun-02-02 AT 06:17AM (GMT)[p]No, that's not legal. Sue the police for both arrests. SUE THEM!!!!!
 
>But half an inch, that's ridiculous...

Eh... They have to set the limit to something.

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I don't believe that lawsuits against the police can amount to very much unless there is some major damage done - lost wages, property damage, hospitalization, etc. Damage to the ego doesn't really fly far in the court system and probably isn't worth your time in hiring a lawyer unless you have money to waste and you want to prove a point. Now I'm not sure if you are black or white, Bronzefire but sometimes the race card can be played to a better advantage here.

Police can get away with a lot of shit and unfortunately alot of them take advantage of their position of power. In smaller towns they are in tight with the court system too which means less of a chance of winning.

The best you can do is avoid them and be "invisible". There are certain profiles that they look for and if you don't match that profile they won't bother you. A grey haired old lady in a spotless '95 Buick sedan can be carrying 10 kilos of cocaine in her trunk and will never be stopped while a long-haired young guy in a rusty Honda will be pulled over and searched.
 
In that situation you wouldn't sue them for money, you'd sue them because they broke the fucking law and violated your rights. We have the police to uphold and enforce the law, but we have to make sure they follow it themselves. A lawsuit, even if little in damages is gained, could sufficiently embarass his local police force into following regulations.
 
Wow, that's alot more replies than I expected.

[font size=1" color="#FF0000]LAST EDITED ON Jun-02-02 AT 07:02PM (GMT)[p]First of all, thanks for the support.

Second, for my court date I'm using an appointed attorney since this is such obvious bullshit. If I take any legal action against the officer or the department, I'll use a friend's lawyer. I don't want a lawsuit to go to court, but damnit my rights were more or less violated and those cuffs chafe really bad.

And for racial profiling: white, none of the clothing that is associated with law breakers, 2000 Grand Am. Nothing really to profile. The knife: a skinning knife, still not that vicous looking. It was a gift from my parents when I turned 18, and the officer confinscated it which has them really pissed.

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RE: Wow, that's alot more replies than I expected.

The only other way you could handle this without filing a lawsuit is to go to the press and write letters to everyone. A lawsuit is going to end up costing several thousand dollars and maybe more depending on if you have to take it to the state supreme court.

Write letters to the mayor, aldermen, police chief, common council, police and fire commission, and talk in person to reporters from the local newspapers and television if there are any. And also write a letter to the editor with a mention of the officer's name. If you don't know his name, for a few dollars, you can get a copy of the police report at the police station with all of the information. Police reports are public information and anyone can get a copy for the price of a xerox.

Spread the word - public pressure can work more miracles on officials than a lawsuit can ever accomplish. If this cop has done this sort of thing too often and enough complaints get filed, the police chief will be forced to can his ass.
 
RE: Wow, that's alot more replies than I expected.

JJ86, good idea.

If he didn't live in the Shithole South or something of the equivalent, that is. (backwater) That place is a hotbed of rogue counties, KKK affiliations, and a whole shitload of other things you don't even want to get into. Perhaps the best thing at this point would be that he isn't black. Racism still exists heavily, noticable in some of the backwater communities.

If he were to bring public attention along those lines, particularly through the newspaper and not through the state, then it could be a one-way ticket to police harassment nonstop. The best route at this point would be to seek discreet enquiries through other community people, as this seems to be an ongoing problem and would only bring worse attention if you took it to the paper. The problem is, the police live there too, and in a small community they can have a tight hold upon the people, through friendship or fear.

Going to a mayor in a backwater city isn't much help, either. He's likely going to have some relative on the police force, and as Dukes of Hazzard as it sounds, it does exist (usually to try to keep the mayorship in family). Also, in small towns or cities, the police tend to stick in certain families. The law can easily be bent without much notice and you can figure a lot of the due process and police procedures aren't as refined there. They would likely still keep doing the same flawed procedures with each new generation of cop.

Tennessee isn't as bad as some places, but considering the illogic that surrounds the county around the Jack Daniels distillery...
 
I agree completely, Roshambo

Aye, 'tis a shithole of racists and dumbasses down here. I'd leave but it's one of those my father's father's father lived here things.

Next week I'm going to a lawyer for the weapon charge, than to find a lawyer for a lawsuit (I found out that my friend's lawyer won't go against the police for some odd reason).

Next question: should I sue before or after the trial. Right now I plan on after so I can use the procedings in the suit. Sound good?

And now I am off. This whole fiasco has given me an unusual urge to download some old gangsta' rap. That's scary.

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This is how the world ends, swallowed in fire but not in darkness...
 
RE: I agree completely, Roshambo

I'm not really sure it matters, but you might want to wait till after the trial just to be sure you have enough evidence to show wrongful arrest.
 
>>But half an inch, that's ridiculous...
>
>Eh... They have to set the
>limit to something.

There's a limit, but usually they don't get bent out of shape like that unless you're caught with it somewhere where you shouldn't be. Usually they'll just tell you to leave it with them.

-Xotor-

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[table width=200" border="0" cellspacing="0" cellpadding="0][tr bgcolor=#000000] [td style=font-family: 'Times New Roman', Times, serif; font-size: 8px]  [/td][td align=left" valign="middle" style="font-family: Arial, Helvetica, sans-serif; font-size: 36px; font-weight: bold; color: #FF0000; text-decoration: none]PAS:[/td][td align=left" valign="top" style="font-family: Arial, Helvetica, sans-serif; font-size: 14px; font-weight: normal; color: #FF0000]  [/td][td align=left" valign="middle" style="font-family: Arial, Helvetica, sans-serif; font-size: 14px; font-weight: normal; color: #FF0000]People Against Stupidity[/td][/tr][tr bgcolor=#000000" style="font-family: 'Times New Roman', Times, serif; font-size: 8px][td] [/td][td align=left" valign="top" colspan="3] [/td][/tr][tr bgcolor=#000000" style="font-family: 'Times New Roman', Times, serif; font-size: 16px; font-style: italic; font-weight: normal; color: #FFFFFF] [td] [/td][td align=left" valign="top" colspan="3]"Ignorance is excusable. Stupidty is not."[/td][/tr][/table][/div]
 
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