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)
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?