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WHY CANT ANY LAWYER WHO KNOWS THE LAW SEEM TO GIVE ME LEGAL ADVICE???? THERE WAS A POLICE REPORT MADE ON ME FROM THIS INNOCENT..

Tampa, FL |

I came home around 3am last night, I'm 21 but still did not drink. I was dropped off by a friend because I do not have a car. I just 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. 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 THEY WROTE A POLICE REPORT ON ME, I DONT WANT MY NAME IN THE SYSTEM OVER THIS. THE POLICE TOLD ME I WOULD HAVE GONE TO JAIL ON ALLUDING (WHEN I WASNT) 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, 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 guys comming to attack me. 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

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Attorney answers 2

Posted

Well, let me take a stab at trying to answer your question(s):
1. What did the Police do wrong? Sounds like nothing. The encounter ended without you getting arrested, accosted, injured, and with a minor bit of inconvenience. Sounds like the police handled things fairly professionally on their part.
2. How could you beat an arrest for this? Well, it does not sound as if the police had any grounds to arrest you. If they had, it would depend on what you were charged with. Remember, being arrested does not mean you are guilty, it just means that the police had probable cause to have you arrested.
3. How about the way you handled it? Sounds like you handled it well. From your description, you were cooperative and compliant with the officers. Even though you did not want to give them your name, it did not hurt anything, and most jurisdictions have some sort of law that requires you to display ID when asked by the police under such circumstances. Refusal to do that would certainly not have helped anything.
4. What should you do differently. Well, make sure that you have a key, for one thing. And make sure that your current address is listed on your driver's license. To some extent, you have to consider the situation that the police faced. They were called to respond to suspicious activity, and found you sneaking around outside. They had no way to know whether you really lived there or not, or might have been involved with a domestic dispute with another occupant, and locked out on purpose.
Does that help?

The opinions expressed in this answer are meant for educational and public service purposes. Requesting general information about the law on a public website should never be a substitute for a personal consultation with an attorney who can give specific legal advice tailored to the facts of an individual case. Please be aware that Robert Hogan is licensed only in Texas and New Mexico, and that any opinions given are not meant to apply outside of these states. No attorney-client relationship is intended by answering questions or emails.

Asker

Posted

EXACTLY what I was looking for,answer like this! I'm probably choosing your answer as best

Asker

Posted

however, my question is how could I have beaten this case if I were arrested? they SAID I would have gone to jail BECAUSE I ducked down, when I actually immediately jumped back up once I saw it was the cops, I could have been charged with ALLUDING, could they have had probable cause to actually do this? thats what I mean when on how I should approach them next time if this ever were to happen

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.

Robert Smead Hogan

Robert Smead Hogan

Posted

I'm not familiar with the particular law on "eluding a police officer" in Florida. In Texas, we would call that Failure to ID. The law on that is pretty liberal in favor of the police, since it only requires that they have some reasonable suspicion that some crime has occurred or is about to occur. A few years back, the police in Houston had a problem with this when they saw a black man jogging early in the morning in a rich neighborhood. They stopped and arrested him, and later found out that he was a doctor who lived in that neighborhood, who had left his ID when he went out jogging. You can bet that the explanation of "being black in a rich neighborhood" did not work for the police officers "explaining their suspicion." I don't know whether you could have beat the charge. I sympathize with your defending your rights. But part of the problem is that you need to know what the police know in order to decide whether their action was proper. And that is hard to determine.

Asker

Posted

and thats why I chose you as the best answer. WOW that infuriates me! how they could do that to that poor doctor!! He probably had to go to work that day too, my gosh!! Thank you for sharing, I'll use this story as a reference.

Posted

It sounds like the Police did their job. They saw a suspicious person wandering around outside a home at 3 AM! I am glad they stopped to investigate, that is their job.

Asker

Posted

Agreed, however I did nothing wrong its my home

Asker

Posted

my question is how could I have beaten this case if I were arrested? they SAID I would have gone to jail BECAUSE I ducked down, when I actually immediately jumped back up once I saw it was the cops, I could have been charged with ALLUDING, could they have had probable cause to actually do this? thats what I mean when on how I should approach them next time if this ever were to happen

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.

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