Motion to Dismiss Based on Unreasonable Detention

[sarabell]

My question involves search and seizure law in the State of: Texas

I was recently the passenger in a car accident. My friend who had been driving was not given a breathalyzer but was arrested on a DUI charge. I was then permitted to call my sister to pick me up, but it would have taken her 30 minutes to arrive. The cop stated that he was not willing to wait that long, commented that he was "pretty sure" I had been drinking, and then proceeded to arrest me. I was kept in jail overnight for a "Minor in Consumption" ticket; however, I was never given a breathalyzer or a blood test, and I had not been consuming alcohol.

No bond was set, because this was a Class C misdemeanor. I was released the next morning after about 12 hours of processing. According to the Fourth Amendment, to pass muster under the Fourth Amendment, detention must be "reasonable." Isn't it unreasonable to hold someone without bond on a misdemeanor charge?

How can I file a motion to dismiss on these grounds?

[jk]

I would have to check but most states do not require them to set bond instantly. Some states it's within 24 hours, others 48. Not sure but there might be some a bit longer than that. That would mean they do not have to set bond if the intent is for you to be in jail less than that time.

Even if you were required to be given bond, that would not affect the charge you were there for.

and the reasonable is not what you are thinking of. Reasonable means there has to be support for the action.

time to get a lawyer.l

[KeyWestDan]

GET A LAWYER!

This is a status offense, not a crime. If you were an adult you could not have been arrested. The constitution applies to minors too. If you are between 18 and 21 it is still a status offense based on age and I doubt it can be actually criminal. Usually a civil infraction, but you'd or an attorney would have to research state law on the issue.

The fact that the officer decided to arrest you rather than waiting for your ride, is what kind of probable cause? Why did he have to wait with you? Did he think you were going to drive the vehicle? What happened to the car? Was it towed or did someone come and get it?

You need to research what the elements of the offense are? Can an officer just decide from observation you had been drinking? I seriously doubt it. Chances are you have to be in possession of the alcohol. If you were not given a breath test prior to arrest, I would guess the arrest was without probable cause, and if you were not given one at the jail, etc. then there is no means by which you could be convicted. You were not driving so probable cause for DUI/DWI did not exist nor was there probably cause to do a roadside sobriety test. A police officers subjective opinion can't serve as the basis for an arrest, though it certainly happens.

Can a minor be held in jail that long? Did they notify your parents or guardian?

Something is seriously wrong here. You need an attorney.