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Cops on the 4th of july.
    #8596348 -

Hey all, im kinda lookin 4 some advice. im 18 and i was at my friends house chillin out, cops arrive and we go talk to them.

dont i have the right to refuse a breathalizer ? they tried telling me i didnt cuz im not 21. Note that none of us were driving or anything. Just chilling in his room.  He threatened to make up charges and i got court soon now. This is bullshit. None of us had anything on us either. They never told me my rights. Never said i was under arrest. Wouldnt tell me why they were taking my to the police station. They even tried telling me my friends nark'd on me. Yeah right. I aint fallin 4 that shit. Pig basterds.

This is in ohio by the way. Any idea what the charges are gonna be?


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The world itself is the will to power - and nothing else! And you yourself are the will to power - and nothing else! ~Friedrich Nietzsche

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596354 -

Felinor said:
dont i have the right to refuse a breathalizer ?


yes. I dont know the laws in ohio so there may be penalties as
there generally are when you're driving, like the implied
consent laws, refuse the breathalyzer and it's an automatic
suspension on your license, but as far as I know there's nothing
like that for when you're in your own home

since you're posting I assume you refused and they did nothing to you


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California Has Legalized Child Prostitution

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596357 -

I know its a big deal to you now and I really do feel for you.  It is a shame that a person that is 18 years old can't responsibly drink alcohol without getting crap for it.  However, my advice is to not sweat it.  It will be a misdimenor offence of minor in consumption or something to that extent.  If you live with your parents they may be pissed but in time it will seem like no big deal.  We were all young once and we all have stories like this.  Its sad that the few that actually cause trouble ruin it for the rest.

Sorry it happened on a holiday too.  That sucks.

Try and shake it off.


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:smile:  :smile:  :smile:  :smile:  :smile:  :smile:  :smile:  :smile:  :smile:  :smile:  :smile:  :smile:

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Re: Cops on the 4th of july. [Re: Prisoner#1]
    #8596358 -

I RUN LIKE BASTARDS


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We will also report to the NAACP and to Al Sharpton's entourage, how the Shroomery administrators allows their mods and members to be balatantly allowed the use of the 'N' word.

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596359 -

They gave me a court date and said i'll get charged with obstruction ontop of underage consumption. Ive been looking all over to see what the law is but i cant find it. I was at my friends house, but hes 17 and his parents werent home.


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The world itself is the will to power - and nothing else! And you yourself are the will to power - and nothing else! ~Friedrich Nietzsche

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596367 -

yOU ARE LYING COS OBSTRUCTION ISA FELONY ASS HOLE FACE.

BANNED


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We will also report to the NAACP and to Al Sharpton's entourage, how the Shroomery administrators allows their mods and members to be balatantly allowed the use of the 'N' word.

Edited by Prisoner#1 (07/05/08 07:45 AM)

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596375 -

man, im not lying, dont be a dickface. anyone know the laws in ohio about this?


--------------------
The world itself is the will to power - and nothing else! And you yourself are the will to power - and nothing else! ~Friedrich Nietzsche

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596382 -

You a lie.


--------------------
We will also report to the NAACP and to Al Sharpton's entourage, how the Shroomery administrators allows their mods and members to be balatantly allowed the use of the 'N' word.

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596432 -

They were questioning me too, dont they have to read me my miranda rights also?


--------------------
The world itself is the will to power - and nothing else! And you yourself are the will to power - and nothing else! ~Friedrich Nietzsche

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596433 -

isnt it legal to drink in yer house no matter your age? I was told this a long tme ago by one of my teachers.

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Re: Cops on the 4th of july. [Re: weallsmoke]
    #8596438 -

weallsmoke said:
isnt it legal to drink in yer house no matter your age? I was told this a long tme ago by one of my teachers.


It wasnt my house, it was my friends house. But i dont think so.


--------------------
The world itself is the will to power - and nothing else! And you yourself are the will to power - and nothing else! ~Friedrich Nietzsche

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596541 -

You should not have answered the door.  They would not have broken it down.

Once you talk to them they can claim they smell alcohol and that gives them the legal right to investigate the crime of underage drinking. 

If the cops come say "Police?  I didn't order any police!  Go away!"

And they will.

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Re: Cops on the 4th of july. [Re: Alan Rockefeller]
    #8596557 -

I told everyone they couldnt enter cuz they didnt have a search warrant but no1 listened :shrug:

but when we were close to the door walking out they just opened it up, came in and pulled me outside. So i dunno.
This officer violated many of my rights.


--------------------
The world itself is the will to power - and nothing else! And you yourself are the will to power - and nothing else! ~Friedrich Nietzsche

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Re: Cops on the 4th of july. [Re: Felinor]
    #8596583 -

I've always had good experiences with law enforcement. I have nothing bad to say about any of them and in fact a few members of my extended family are LEA's on varying levels.

That being said, there is always the chance of encountering an asshole one unfortunately. Just goes with being human..

They were probably trying to "scare" you straight heh. Just so you know, laws vary from state to state, but no matter what state you're in you have the same basic rights such as you don't have to let them into your house, or you don't have to let them search you or your car if you don't want. You have to be careful they don't get "probable" cause though, so if it's a house send the homeowner or most responsible one out to talk to them alone OUTSIDE. Close the door and keep it closed. They cannot just walk in. Same goes for your car. If they ask you to step out of the car, close and lock the door behind you. If he asks why you locked it, say it's just habit. This is much easier to do with electronic door locks, though.

I'm not sure about Ohio but here in Tx you previously had the right to refuse a breathalizer, however now they are able to take blood from you FORCIBLY and have it tested almost immediately. This is bullshit and is currently being fought hard against in our judicial system.

If you get a lawyer involved which I recommend and tell him exactly what happened, most likely you can get the charges dropped as your rights were in fact violated and the officer did lie to you. A lot of lawyers will take cases like this on pro bono, so check around.

Here is a really invaluable video and website on how to handle encounters with police by excercising your constitutional rights. It was made (and/or endorsed) by an actual member of the government (a congressman if i'm not mistaken) and it is 100% legit:
http://flexyourrights.org



(video link in case flash isn't working)

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Re: Cops on the 4th of july. [Re: Felinor]
    #8598740 -

Felinor said:
They were questioning me too, dont they have to read me my miranda rights also?


no, they don't have to read you your miranda rights if they're detaining you.  You still have your 4th amendment rights and you don't have to say jack except your name and proof of ID.  You also have the right to have a lawyer present during all searches.  Whenever you open the door, if you open it, always walk outside and close the door before you.  Unless the cops have a warrant they legally cannot enter the residence without permission. NEVER give a cop permission to walk inside your home, if he has questions he can ask them outside.

As for the breathalyzer, you can refuse, but they reserve the right to take you down to the station and blood test you.  If you really are drunk, or had a few, this is a better option because booking generally takes an hr or so.  It may be enough time to drop your BAC down to a legal limit, or in your case, may be enough time to drop it down to 0.

If they really are charging you with obstruction and MIP, and you feel like your rights have been violated, contact a lawyer.  Most, if not all, will offer free consultation for your case.  Speak to SEVERAL lawyers about your case, don't just settle on one.


--------------------
To get really high is to forget yourself. And to forget yourself is to see everything else. And to see everything else is to become an understanding molecule in evolution, a conscious tool of the universe. And I think every human being should be a conscious tool of the universe. . . .

-JG

i really am glad you came back to us instead of taking the other path. *hug*

-A_S (RIP your final words to me will never be forgotten)



Don't fuck with the laughing jesus.

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Re: Cops on the 4th of july. [Re: coda]
    #8601116 -

coda said:
Felinor said:
They were questioning me too, dont they have to read me my miranda rights also?


no, they don't have to read you your miranda rights if they're detaining you.  You still have your 4th amendment rights and you don't have to say jack except your name and proof of ID.  You also have the right to have a lawyer present during all searches.  Whenever you open the door, if you open it, always walk outside and close the door before you.  Unless the cops have a warrant they legally cannot enter the residence without permission. NEVER give a cop permission to walk inside your home, if he has questions he can ask them outside.

As for the breathalyzer, you can refuse, but they reserve the right to take you down to the station and blood test you.  If you really are drunk, or had a few, this is a better option because booking generally takes an hr or so.  It may be enough time to drop your BAC down to a legal limit, or in your case, may be enough time to drop it down to 0.

If they really are charging you with obstruction and MIP, and you feel like your rights have been violated, contact a lawyer.  Most, if not all, will offer free consultation for your case.  Speak to SEVERAL lawyers about your case, don't just settle on one.


The officer did enter the premesis without a warrant though. Right as they saw us about to walk out they just opened the door and pulled me out.

i will try to contact a lawyer for consultation. i cant afford to hire one though. im heading down to file a complaint against the officer in question 2morrow as the chief was not there this weekend.

I wasnt even drinking. They never tried to give me a field sobriety test because they knew i would of passed it. He tried saying i was drunk i guess because i have a speech problem and he said i was slurring my words, which i usually do all the time to get my words out lol.

Isnt it illegal for officers to lie about the law to try and get information though? i mean i know they can lie but can they purposely lie about the law?

*edit* about the miranda rights thing. I know they dont have to in order to question you. However i thought that in custodial questioning they had to. I was handcuffed to a chair during questioning.


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The world itself is the will to power - and nothing else! And you yourself are the will to power - and nothing else! ~Friedrich Nietzsche

Edited by Felinor (07/06/08 03:20 PM)

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Re: Cops on the 4th of july. [Re: Felinor]
    #8601133 -

officers can say anything they want to get a confession.  That means they can lie to you, offer up false promises, make up stories....  It's fucked up, but those were words straight from my lawyers mouth. 

Quote:
The officer did enter the premesis without a warrant though. Right as they saw us about to walk out they just opened the door and pulled me out.


that's illegal, the only time an officer is allowed to enter a premise without a warrant is when they think someone is in danger inside.  So, if they heard someone screaming for help or whatever they can come on in.  Otherwise they need the permission of someone who is on the lease of the home. 

Good luck proving it though, remember it's your word against theirs unless you have evidence otherwise.  In a court of law when it's your word against a cops, you'll almost always lose out.


--------------------
To get really high is to forget yourself. And to forget yourself is to see everything else. And to see everything else is to become an understanding molecule in evolution, a conscious tool of the universe. And I think every human being should be a conscious tool of the universe. . . .

-JG

i really am glad you came back to us instead of taking the other path. *hug*

-A_S (RIP your final words to me will never be forgotten)



Don't fuck with the laughing jesus.

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Re: Cops on the 4th of july. [Re: Felinor]
    #8601139 -

im not really sure but i dont think they need a warrant if a crime is in progress eg underage drinking on premises

they dont even have to read you your rights if youre high or intoxicated,they just say you were too high or drunk to understand and the pig judges believe them,well here in convict land anyway


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i need names and addresses of narc members

pm for details

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Re: Cops on the 4th of july. [Re: alphabeatu]
    #8601159 -

Quote:
they dont even have to read you your rights if youre high or intoxicated,they just say you were too high or drunk to understand and the pig judges believe them,well here in convict land anyway


While that does hold some truth, you do need to be able to understand the rights given you its a question asked at the end of miranda, it's the counties policy on whether or not they read you your rights at time of arrest.  Before they begin to interrogate you they have to read you your rights, remember when you get arrested you don't have to say ANYTHING.  Just because a cop doesn't read you your miranda rights when you get arrested does not mean you get off.


--------------------
To get really high is to forget yourself. And to forget yourself is to see everything else. And to see everything else is to become an understanding molecule in evolution, a conscious tool of the universe. And I think every human being should be a conscious tool of the universe. . . .

-JG

i really am glad you came back to us instead of taking the other path. *hug*

-A_S (RIP your final words to me will never be forgotten)



Don't fuck with the laughing jesus.

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Re: Cops on the 4th of july. [Re: coda]
    #8601241 -

Feel lucky that they didnt put water-tortue on you


--------------------
Been away so long I hardly knew the place
Gee, it's good to be back home
Leave it till tomorrow to unpack my case
Honey disconnect the phone
I'm back in the USSA
You don't know how lucky you are, boy
Back in the US
Back in the US
Back in the USSA

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