Jail

[Luc]

I was arrested in Los Angeles about a year & a half ago... had a medical marijuana license, and medicine in the car, and the cops didn't believe in state law, apparently. They cuffed me, took me off to jail (nope, didn't read me my rights, but since I couldn't afford a lawyer, oh well), and proceeded to tell me I'd need to be strip searched. At the time, I had been on T for roughly 4 months, had an ID with the proper name and M on it, so they assumed I was any other guy. I told them I couldn't be strip searched, and when I explained why, they sent in a female cop who put me through the search. It was one of the most demoralizing experiences of my life, and after she'd made me strip every item of clothing from my body and bend every which way, she and the other officers began referring to me as female. They put me in a cell with another girl, and I was able to sleep. God knows what might have occurred if I'd had to spend more than a night there.

I like how you (Britney) said that you can do everything right and still be arrested... that's what I was doing, or so I thought. I had my legal medical marijuana card, and the only reason I was pulled over was my headlight had gone out. You're never really safe enough. All I can really say is, try to stay out of trouble, and make sure you have money for a good lawyer, should anything happen.

SD

[SusanKG]

I was stopped once, about 35 years ago, at night, while out driving in full feminine dress. I had stopped at a closed gas station to buy a soda out of the machine, and was pulled over after leaving the station. That was probably proper, although I was making a legal purchase out in the open. The officers spent more time than usual for a car stop, full I.D. review, record check, what was I up to, why was I dressed in women's clothes. I could tell they were a little confused, and looking for a reason to take me in.

Whether being stopped for a ticket or for the above incident, I always am courtous, polite and cooperative. There was no charge they could come up with, so I was turned loose with "just watch it" type comment. Interestingly, 15 years later, that cop was retired, and I hired him for a job I supervised. I never knew whether he tied me up with that ->-bleeped-<- he had stopped. I didn't enlighten him.

SusanKG

[jesse]

hey sabastian im not positive on cali law but as far as colorado goes miranda is not required on misdeamenor arrests only felonies. and for mary j to be considered a felonie anymore you would have to have a boat load of it bagged for sale lol
jessica

[tekla]

I was arrested in Los Angeles about a year & a half ago... had a medical marijuana license, and medicine in the car, and the cops didn't believe in state law, apparently.

Yeah, that sounds like the LAPD we all know and love, everyone I know always thought there motto was "we'll arrest you now, and figure out what your guilty of later" because in their eyes, everyone in LA is guilty of something.

[BrandiOK]

Miranda isn't required upon arrest..that's TV crap that everyone believes to be true.  Miranda is only required upon custody AND questioning together not just custody.  Also police do have to meet certain criteria before searching a vehicle.  They cannot do a vehicle searches just for traffic stop.  They can do a full search if you have something in "plain view" such as drug paraphernalia or you are if you are being arrested.  They can do a full search if you consent or if a drug dog alerts on your vehicle or a few other reasons.  It's a fallacy that they can search your vehicle for almost any reason just because you are on a public street.  I know it's fun to claim that but it's simply not true.  That being said, yes, it's possible that you may be subject to an illegal search, however, cases are tossed all the time because of that very thing.  Most officers will try to follow the rules because nothing sucks worse than wasting your day off sitting in court testifying just to have a case tossed on a technicality.

I get so tired of the generalizations people make about police officers.  The majority of them are doing what they can with what they have and that's not much in comparison to what the bad guys have.  Sure there are some bad ones out there, it's inevitable when dealing with predominately alpha personalities, but they are a much smaller percentage than people portray.  I knew a guy that would show up late for work at least once a week pissed off and cussing the police about how he was mistreated and how they constantly writing him traffic citations for no reason.  I asked if actually was speeding, running the red and not using his signals when he came to work and he said "Yeah but there was no one else on the road at that hour so it's harassment to write me for that".  I told him the law didn't say you had to obey the speed limit, stop at red lights and use your turn signals only when someone else is around so if he wanted to be mad at anyone he should be mad at himself.  It's that kind of mentality that breeds the ridiculous animosity against police officers.   Wanna be mad? Be mad when a police officer actually does something wrong..not something you happen to think is wrong.  They have a term for people who get arrested and start complaining about their rights being violated.  They call them "TV lawyers" because they start quoting things from television, such as Miranda, that may sound good on a TV show but are generally partially or completely fictional.

[jesse]

So brandi in your former agencie you didnt miranda felony arrests i find this interesting we are required to oh well different states different requirements i guess but since this is a matter of constitutional law i would have thought it would be the same everywhere but apparently not. as far as the vehicle search goes if they have probable cause to arrest they have probable cause to search ive never had one thrown out but again thats here.
jessica
Post Merge: December 25, 2009, 02:24:45 AM
as a side note to miranda it is only required here if we are going to question them in the car after bookin they are given it again and a form presented to them in writing for them to sign in spanish and english saying they understand so maybe its departmental policy overkill i dont know. i remember a 2nd degree assault case where the kid wouldnt shut up so i had to miranda him he basically admitted to the whole charge and gave his reasoning for it im sure you have had this happen too. my point is what happens if he admits all the way to the house and then shuts up and says nothin when he's interviewed? Ive been doing this for 12 years when i started it wasnt required now it is.
jessica