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POLICE ALMOST ARRESTED ME BECAUSE NEIGHBORS CALLED THE COPS DUE TO NOISE I WAS MAKING TO GET INTO MY HOUSE, HELP!

Orlando, FL |

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

Attorney Answers 4

Posted

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.

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6 comments

Asker

Posted

The reason I say this is because they were trying to charge me with alluding a police officer if I didn't tell them what I was doing. According to my rights I do not have to even show my I.D unless there is probable cause & if I ask am I being detained & they give me a solid answer then I have to answer. But I did nothing wrong. & the fact that if I say ANYTHING they always twist & lie to try to make it into something else & end up arresting innocent people. Cohesion & using intimidation is what they do to make you give up your rights. I was pissed they were actually going to "charge" me with alluding an officer when they have no probable cause, in fact I should & will next time tape record any police encounter, because I am the one that walked towards them. Cops think they can violate my rights & threaten me, it's highly unconstitutional & I am a solid constitutional patriot girl. So I wanted to know, how an attorney if one was there with me that night, how would you have handled the situation?? I will choose the best answer to the best reply.

Asker

Posted

FL law also states that I am not suppose to be detained over 15-20 min. I was certainly detained for about 45 min.

Charles Thomas Jr.

Charles Thomas Jr.

Posted

Well, since you know all about your rights, your surely need not have consulted with legal counsel, because you are a "solid constitutional patriot girl." Whatever that is, anyway. In other words, you think you know the answer already, even though every legal professional to express an opinion has a different conclusion? So, "according to your rights" you do not have to show ID unless there is probable cause? I am not entirely sure that is correct, but it might be a Florida thing, and as I am not a Florida lawyer I will give you the benefit of the doubt. So, giving you the benefit of the doubt... they had probable cause. Making a ruckus at 3AM, apparently waking the neighbors, and creeping suspiciously around the property... yeah, that is probable cause, or at a minimum reasonable suspicion. That's not a constitutional violation, that's good police work, and any judge would agree. My best advice to you is to reconsider your own actions in this debacle.

Asker

Posted

Solid- meaning firm, stuck to like glue Constitutional- The document our Founding Fathers signed in 1776 Patriot- Defined as an American who protects those Rights Girl- Actually women (me)

Charles Thomas Jr.

Charles Thomas Jr.

Posted

I do not doubt that you are a solid patriot girl. Your understanding of the Constitution is more or less dead wrong.

Asker

Posted

Lol everyone lighten up jeeze, good argument Mr. Thomas, Thank you.

Posted

So, do you have a legal question?

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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5 comments

Asker

Posted

The reason I say this is because they were trying to charge me with alluding a police officer if I didn't tell them what I was doing. According to my rights I do not have to even show my I.D unless there is probable cause & if I ask am I being detained & they give me a solid answer then I have to answer. But I did nothing wrong. & the fact that if I say ANYTHING they always twist & lie to try to make it into something else & end up arresting innocent people. Cohesion & using intimidation is what they do to make you give up your rights. I was pissed they were actually going to "charge" me with alluding an officer when they have no probable cause, in fact I should & will next time tape record any police encounter, because I am the one that walked towards them. Cops think they can violate my rights & threaten me, it's highly unconstitutional & I am a solid constitutional patriot girl. So I wanted to know, how an attorney if one was there with me that night, how would you have handled the situation?? I will choose the best answer to the best reply.

Asker

Posted

FL law also states that I am not suppose to be detained over 15-20 min. I was certainly detained for about 45 min.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

You are wrong about what you believe the law says. In the three weeks since you asked your question, you haven't bothered to learn anything. I am understanding now why you were detained.

Asker

Posted

I appreciate your answer, with respect, I learned this from the FL Police Procedures manual & also Flexyourrights.org.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Procedures ARE NOT laws. Different beast altogether.

Posted

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.

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2 comments

Asker

Posted

The reason I say this is because they were trying to charge me with alluding a police officer if I didn't tell them what I was doing. According to my rights I do not have to even show my I.D unless there is probable cause & if I ask am I being detained & they give me a solid answer then I have to answer. But I did nothing wrong. & the fact that if I say ANYTHING they always twist & lie to try to make it into something else & end up arresting innocent people. Cohesion & using intimidation is what they do to make you give up your rights. I was pissed they were actually going to "charge" me with alluding an officer when they have no probable cause, in fact I should & will next time tape record any police encounter, because I am the one that walked towards them. Cops think they can violate my rights & threaten me, it's highly unconstitutional & I am a solid constitutional patriot girl. So I wanted to know, how an attorney if one was there with me that night, how would you have handled the situation?? I will choose the best answer to the best reply.

Asker

Posted

FL law also states that I am not suppose to be detained over 15-20 min. I was certainly detained for about 45 min.

Posted

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.

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5 comments

Asker

Posted

The reason I say this is because they were trying to charge me with alluding a police officer if I didn't tell them what I was doing. According to my rights I do not have to even show my I.D unless there is probable cause & if I ask am I being detained & they give me a solid answer then I have to answer. But I did nothing wrong. & the fact that if I say ANYTHING they always twist & lie to try to make it into something else & end up arresting innocent people. Cohesion & using intimidation is what they do to make you give up your rights. I was pissed they were actually going to "charge" me with alluding an officer when they have no probable cause, in fact I should & will next time tape record any police encounter, because I am the one that walked towards them. Cops think they can violate my rights & threaten me, it's highly unconstitutional & I am a solid constitutional patriot girl. So I wanted to know, how an attorney if one was there with me that night, how would you have handled the situation?? I will choose the best answer to the best reply.

Asker

Posted

FL law also states that I am not suppose to be detained over 15-20 min. I was certainly detained for about 45 min.

Alan Smith

Alan Smith

Posted

1. "Probable cause" does not mean you actually did what they charge you with. 2. Even aside from the ID issue, they might already have had probable cause. By your own admission, you were creeping around a backyard at 3 in the morning. 3. You ducked. It may have appeared to them that you were trying to hide, and then came up with a long story after you were caught. 4. Your perspective does not matter. The officers' perspective does. From their perspective, you very well might have been trying to elude them, and they could have had probable cause.

Asker

Posted

Out of all these answers I feel your advice was the best. I am not sure why it won't give me the option to choose best answer. Thank you for your explanation!

Asker

Posted

Great answer!

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