This is a very long story. Sorry.
About three weeks ago it was my 21st birthday. My roomate and my girlfriend and a couple other people went out to the bars. My girlfriend is underage and was borrowing an ID from a friend that she looks like a twin of. THe night was going fine, we were getting in to all the bars. I know that fake id is illegal this is not my question.
Some how we became spilt up, me and my girlfriend tried to call everyone but couldnt reach them. We decided to get a ride from a friend to another bar that was close to our house, so that we could walk home afterward.
Our roommate, called us at about 12:30am demanding that we come home from the bar immediatly. We told her that we were not going to come home for about an hour and she could either wait in the hallway, the upstairs neighboors house or go somewhere else for the night. SHE REFUSED, saying that she was going to call the police on us and tell them where we were. She is not on the lease and I told her to call the police, because she can not get into the house with out the keys anyways, even if the police were there.
After about ten mins she called us back and said she had just called the police and told them that we were at the bar and they knew my girlfriend had a fake id. We immediatly left the bar and I threw her ID away on our walk home. I think that i threw it into snowbank since it had snowed about 5 inches that night.
We walked home, once we got home we thought everything was fine. 5 minutes later, a knock on the door, its the police. My girlfriend opened the door. They asked if they could come in, she reluctanly said yes. The police came in and starting being total asses. Asking where her fake id was. My girlfriend started crying because she was so upset and scared of the police. She told me to give them the ID. I didn't have it anymore as I threw it into a snowbank. I told the police this repetedly. They did not believe me, I even told them of the approximate location of the ID, (Cross streets). The police contintued to badger us about where we were, what we were doing. We told them that we were at the bar, and everything. My girlfriend even let them search her wallet, they found nothing.
They kept pushing the fake id thing. After about 45 minutes of this I told them I didn't want to talk anymore and I was going to use my right to remain silent. My girlfriend did the same thing. They immediatly placed her in hand cuffs, and told her she was under arrest, for underage drinking. The cop placed the hand cuffs on her so tight that she was losing circulation in her hands. The cop was telling her what they were going to do with her , like taking her to the station, fingerprints, mugshots, etc. The cop said we had one more chance to produce the ID, and they would let her go.
My girlfriend then told me that she had another ID in her wallet. I had no knowledge of this ID, or its location. I went to the other room and retrived the ID. The cops let her out of custody. THey were leaving and turned around and told my girlfriend you should be expecting a ticket for underage drinking in the mail. GOne.
A couple of days later, we went to the police station to try and get a copy of the police report, because we were upset with they way we were treated. My girlfriend asked if the woman at the desk knew if a ticket had be issued to her. She said yes, and it was for underage person in a bar.
Ok, that is a just ticket, because she was underage in a bar.
Then this is where I almost fell over, I asked if I had gotten any tickets,
the lady to me that I had gotten TWO. One for obstruction and one for Permiting an underage person to drinking on premises under my control.
I think that police gave me the obstruction because I produced the second ID that I didn't know about.
My question is, Can the police use the fake ID as evidence in court against me? My girlfriend was never read her Miranda rights after she was arrest. My understanding is that if the police find evidence after arresting someone with out reading them there Miranda rights the evidence can not be used in court.
Since she told me where the ID was after she was under arrest, I feel like this would apply.
I am planning on pleading not guilty to both charges in court.
Thanks for anyhelp anyone can ofter.
Can anyone help me. I am in college and do not have the money to afford either of my tickets or an attorney.
PS. SORRY IT IS SO LONG!

