Results 1 to 7 of 7
  1. #1
    Join Date
    Jan 2013
    Location
    Antartica
    Posts
    3

    Angry Wrongfully Arrested Drug Paraphernalia and Public Intoxication

    My question involves criminal law for the state of: Tennessee

    Hi everyone, I have been put in a ridiculous situation and don't know how to handle it - sorry for the lengthy post. Full disclosure, I am being completely honest even though the story may seem ridiculous. Last night, on new years, my cousin, a friend and I were in the parking lot of a twenty-four hour gym. We all dozed off for a little bit in the car, it was roughly 2:00am. We smoked marijuana half an hour before in a different car in the same lot, and I had drank a four loko at home. The cops wake us up and tell everyone to put their hands on the roof. I was taken out of the car and put on the ground. The cop immediately asked Is there any marijuana in this car, the driver said no. The cop searched the glove compartment and found the driver's(who is underage) flask and a bowl. The officer also found marijuana in a backpack in the backseat. The cop gave the driver a sobriety test and he failed. The driver told the cop we were waiting on a ride to pick us up since he was clearly drunk and didn't want to drive. No one fessed up to the marijuana that was in the car, nor to the bowl. The cop arrested me and my cousin and threw us in the back of his car and didn't tell us anything. He did not read us our miranda rights. Next thing we know, we are pulling up to the jail and they showed me the charges I would be facing roughly an hour and a half later(after throwing me in prison):


    UPCS Mary (X2)
    Possession of Drug Paraphernalia(X2)
    Public Intox

    After reading these chargers I immediately flipped out. I received a public intox? We were the only car in the parking lot. The driver was the only one who was over the legal BAC level. We were literally sleeping, and told to get on the ground, and later arrested without any rhyme or reason. The driver was administered a blood test to check his alcohol concentration at the jail we were taken to. I asked to be given a blood test to show them I was not drunk since the police officer failed to give me or my cousin a proper sobriety test or breathalyze us. Is there not a law that says the driver is responsible for everything in his car, may it be his or not? Regardless, everything was the drivers stuff in the car, I don't know why me and my cousin both received a paraphenila charge and UPCS Marijuana charge when the substance was not ours.

    I got out this morning, 12 hours later and have a court date on three weeks. I want to sue the police department as well as the police officer, for wrongfully arresting me. I am a US Citizen, and have been treated like shit. I was literally woken up and arrested for no reason. I missed a business meeting this morning, and want compensation for that, as well as the bond money to bail me out. I want the officer's ****ing badge who orchestrated this whole ordeal. He failed to do his job properly:

    He did not read anyone their miranda rights
    He did not give two passengers a sobriety test, and has no knowledge of their level of alcohol consumption, how are we being charged with PI?
    Because the police office could not figure out who's MJ it was, he charges everyone for it? That is ridiculous.
    He searched the entire car(except for the trunk) without what is seems a search warrant

    The police officers literally arrested people who were sitting in their car, while time could have been better spent looking for drunk drivers on the road. It's New Year god damn it. What a horrible way to start off my new year, in a jail cell for something I shouldn't be in there for. I really need some advice as how I should handle this situation. I have received an amazing job opportunity from a very prestigious software engineering company, and don't want to lose the opportunity to work for them because of a ridiculous situation like this. Do I have a case against the police officer for arresting me for literally no reason?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,393

    Default Re: Wrongfully Arrested for 3 Charges. What Do I Do

    Contrary to what you see on TV, the law does not require that the cop read you your Miranda rights upon the arrest. That is required only if they intend to interrogate you while in custody, and they don't need to provide the Miranda warning until just before the interrogation. So you've got nothing there.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Wrongfully Arrested for 3 Charges. What Do I Do

    Wow buddy. I think you need to step way back and realize none of what you want to happen is going to.

    In Tennessee the odor of marijuana is sufficient to obtain a search warrant. Since this involved a car, they do not have to obtain a warrant as long as they can provide valid justification that one would be issued if sought. You say you smoked in another car but I can assure you, you all still stunk of weed. The cops beliefs were validated by the marijuana found.

    I think you need to get a lawyer and worry more about attempt to minimize your penalties than worrying about what the cop did, that wasn't improper anyway.

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Wrongfully Arrested for 3 Charges. What Do I Do

    If four people are in a car and then they're some weed in the back or trunk,everyone can get charged. They don't want everyone playing dumb,it's not mine,it's not mine and then what ok so your all free to go,lol. If it was all the drivers he should of been a man and said listen this is my bud and bowl. Maybe you would got caught a break or just be looking at one charge. Hang out around people who do things like that is gonna cause you trouble,i'm slowly learning that myself. If your gonna do that stuff be very quiet about it and since it's illegal your taking a risk using or being around people who do drugs . First step get a lawyer to deal with these chargres then take it from there. They're a lot stuff law wise which imo is non sense but we got look at what the reality is. Do certain things or be around certain crap were taking a chance.

  5. #5
    Join Date
    Jan 2013
    Location
    Antartica
    Posts
    3

    Default Re: Wrongfully Arrested for 3 Charges. What Do I Do

    For some reason my cousin played dumb at the time. If someone in court admits it was theirs, will my all my charges be dropped? If no one admits to the MJ and piece in the car, can my lawyer just not make a case that the persons whose vehicle we were in should be help responsible for everything found in his car? I don't think the Public Intoxication is a valid charge to me anyways, especially since the officer did not check to see how "intoxicated" I was.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Wrongfully Arrested for 3 Charges. What Do I Do

    at least you have gone from believing you have somehow been abused by the police to recognizing you are facing serious and valid charges. That's a start.


    do you have the actual statutes you are charged with?

  7. #7
    Join Date
    Jan 2013
    Location
    Antartica
    Posts
    3

    Default Re: Wrongfully Arrested for 3 Charges. What Do I Do

    Quote Quoting jk
    View Post
    at least you have gone from believing you have somehow been abused by the police to recognizing you are facing serious and valid charges. That's a start.


    do you have the actual statutes you are charged with?
    Not yet, but I will post it as soon as I do.

    1. Sponsored Links
       

Similar Threads

  1. Public Intoxication: What Happens After You're Arrested for Public Intoxication
    By picture_me_rollin in forum Criminal Charges
    Replies: 1
    Last Post: 03-17-2014, 03:12 PM
  2. Public Intoxication: Arrested for Public Intoxication, but Taken to a Hospital
    By theclown28 in forum Criminal Charges
    Replies: 2
    Last Post: 01-12-2014, 08:13 AM
  3. Public Intoxication: Wrongfully Accused of Public Intoxication
    By notintrouble in forum Criminal Charges
    Replies: 1
    Last Post: 12-24-2008, 12:01 AM
  4. Paraphernalia: First Offense Public Intoxication And Paraphernalia, Tennessee
    By d1720 in forum Criminal Charges
    Replies: 1
    Last Post: 03-12-2008, 04:42 PM
  5. Public Intoxication: Asked To Step Outside, Then Arrested For Public Intoxication
    By labtechoftheyear in forum Criminal Charges
    Replies: 5
    Last Post: 01-20-2008, 09:46 AM
 
 
Sponsored Links

Legal Help, Information and Resources