I came home around 3am last night for St.pattys day, I am 21 but still I did not drink. I was dropped off by a friend because I do not have a car. I just recently moved in with my sister & have not received a key into the house yet. She was sleeping & would not answer her phone so I knocked on the door for like 5 min. on & off, I then took my expensive heels off to go around the side to wake her up by knocking on the window. Suddenly, 3 cops came around & told me to freeze. They told me neighbors heard loud noises by "me" & wasn't believing my truthful story & that I live there & thought it was suspicious I was barefoot, yet in an expensive dress. They told me I had to come with them & either get dropped off at a friends house or go to jail. I WAS DUMBFOUNDED, I could not believe this!
I'M WORRIED BECAUSE I THINK COPS WROTE A REPORT ON ME TO KEEP ON FILE, I DONT WANT MY NAME IN THE SYSTEM OVER THIS. NONE of my friends were answering my calls !! finally my friend who dropped me off answered & then the police dropped me off at their house. The police said I could have gone to jail if I didnt comply, because when they came around the corner as I was saying my sisters name through the window, they scared the CRAP out of me & I ducked, they could have been a creepy guy about to rape me in the dark! When I realized it was the police I IMMEDIATELY stood up & walked to them, I even told them they really scared me & that I thought they were a couple of creepy drunk guys! MY QUESTION IS, WHAT DID THE POLICE DO WRONG IN THIS SITUATION? HOW COULD I HAVE BEATEN AN ARREST LIKE THIS IF I WAS EVER ARRESTED? WHAT SHOULD I HAVE DONE? HOW SHOULD I HAVE HANDLED THIS SITUATION WITH THE COPS? LIKE WHAT SHOULD I HAVE SAID OR NOT SAID?? Didnt want to give them my info
Criminal Defense Attorney
The issue reframed becomes this: It was 3AM and you were behaving very much like a drunken reveler at best, or a burglar at worst; then when you tried to explain your situation, they didn't believe you, in part because (1) drunken revelers and/or burglars lie to the police on a regular basis all the time, and (2) your story isn't entirely believable; then, instead of charging you with any offense, dropped you off at a friend's house (thereby cutting you a break); and you'd like to know what the POLICE did wrong?
You seriously need to reconsider some things. Also? Nothing good ever happens after midnight.
So, do you have a legal question?
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Personal Injury Lawyer
With all due respect, but why are you worried about something that didn't even happen? Just be thankful that it's over.
I am licensed to practice law in the State of California, and thus, my answers are based on California law. The laws of your jurisdiction may differ, and therefore, this answer is for informational and educational purposes only and is not to be considered as legal advice. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author.
Your questions, in order:
"What did the police do wrong?" Nothing. They were investigating a potential intruder. Your neighbors hear loud knocking and someone creeping around in the bushes. You didn't know who the police were and thought they might assault you- the neighbors probably thought the same of you.
"How could I have beaten an arrest in this situation?" Too much is hypothetical to be able to answer.
"How should I have handled it? What should I have said or not said?" Well, you didn't get arrested, so I think you did everything about right. If you had been arrested for any reason, you say only two things:
1. I wish to use my right to remain silent.
2. I will not speak to anyone but my lawyer.
Repeat those two things to any law enforcement officer you talk to.
My response to this question does not mean I agree to represent you in any proceedings. This information is also not subject to attorney-client privilege.