Police Rights

First off, get a lawyer. You will thank yourself later for getting one or you will kick yourself for not getting one. The police don't have as many rights as one would expect and there are sometimes cases that just because they have probable cause does not give them the right to search or even question a witness. Just get a lawyer and have him/her deal with everything. They know the law much better than you and know how to work within or around the law to the best of your advantage.

It's a shame that the police have so much power these days. It's really just the abuse of power that comes with some cops that have an oversized ego and think they are kings. A few years ago in Delaware there was an unlawful search of my home (where a lot of my family resides, justn ot me when I'm at home in CA) and I was called at my apartment in San Francisco. I immediately went to DE to find the house how it was left after the police searched it. Their "probable cause" was looking for my brother who was on the run and wanted for violation of probation. I immediately contacted a lawyer and found their were charges against my younger sister for underage drinking and drug paraperhnalia (sp?). I made the mistake of going to the police station and demanding the policemen's names who came to my house. I got nowhere very fast and started to yell at the police.

At that point I was completely angry. My laywer was able to receive the names of the policemen who invaded my house and from there we went on to defend my little sister. The judge deemed it unlawful entry and the case was thrown out. My lawyer then decided to pursue individual action against these cops in order to repay everything broken from the search. the house was a complete mess and there were a lot of expensive items completely broken. I ended up getting back the full value of everything that was broken and then some. Needless to say, it was good to get the "individuals" and not the state itself.
 
I agree, you should get a lawyer.

I am also a boilermaker and witnessed a situation with my friend freshman year. At least talk to a lawyer.

In my friend's situation, one of his fraternity alumni was an attorney that offered some help to him and got the situation straightened out. At the very least, you will learn something from the lawyer.
 
Waving a gun at the cops, even in your own house and when you are fully, incontrovertibly in the legal "right", is a great way for your *heirs* to have a nice payday. (Says the man that should I ever get in legal trouble the article in the paper will be about how obviously I was evil based on the [completely legal, I should add] arsenal that was found in the house).

But you never should have taken that breathalyzer, even if you were driving your car around the bed, so long as it is on private property. You cannot be made to take any alcohol test. Oh, you should take it if they threaten to bash your skull in if you don't, but only after repeatedly refusing and making clear you are only taking it by threat of brute force.

Even if you are driving on *public* property in many states you cannot be made to take an alocohol test --tho you can lose your license for refusing.
 
Back
Top