# News & Current Events > Individual Rights Violations: Case Studies >  I just got out of jail

## brandon

Ok, not really jail. It was just a holding cell. 


Last night I was at a friends house drinking some beer. I had about 6 beers and was mildly intoxicated. Around 2 AM I decided to walk to the 711 to buy a hotdog. The 711 is about 50 yards from his house.

As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to. He asked me if I had beeen drinking, and I said "Yes I have had a few beers." He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.

At this point 3 more cop cars pulled up. After the cop verified that I was indeed old enough to be drinking legally, he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car. I didnt resist the arrest, but did tell him I would fight this in court and appellate court if necessary.

They then took me to the station, made me remove my shoes, socks and belt, and searched all my belongings. They took pictures of me. Then they made me perform physical sobriety tests, which I easily passed. After this, I was thrown into a tiny metal cell with no clock and no windows. I was not allowed to make any phone calls to inform my friend of what happened to me. I stayed there for the next 13 hours.

Finally they let me out, and handed me a summary offence violation for public drunkeness with a *fine of only $25.00*

I am positive they gave me the smallest fine possible in hopes of dissuading me from taking this to court. If I pay the fine, it only costs me 25$. If I fight it in court, I will lose $200 from missing work to attend the trial. In addition, I might get a corrupt judge and have to appeal it to the next level.

What do I do? Where do I go from here? And most importantly, how the $#@! did America become like this?

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## Kludge

//

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## Deborah K

UNbelievable!!  There are organizations that will take this on.  I'm not sure of the names right now but keep this bumped because I'm sure there are other people who know.  Your civil rights were violated based on what you just wrote!

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## sophocles07

If you have money, you should fight that.  If you are not well off...I guess pay the fine.

That's really really really
$#@!ed up.

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## The One

Murderers and rapists in your town owe you and your hot dog a debt of gratitude for keeping the cops occupied.

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## ryanmkeisling

Yes glad you kept your cool.  You should have said nothing although what you said will hardly be used against you (well?), if you are silent and peaceful it makes a much better case for harassment.  I know this is very hard to do.  The fine will be much easier than fighting but you might want to try and get a free consultation from a lawyer or drop the money for one as you may just have a case.  Start by contacting the ACLU with your story...  Another direction could be placing an add, editorial, or story in the local paper detailing what happened to you, police hate negative press.  Call the Police Chief, Mayor, etc. and file complaints with them, regarding how you were treated.  Since they have no evidence you were drunk, beyond what they think and the fact that you admitted to having drank beer, they do not really have a case.  A good lawyer would stick it to them but would cost you.  Again I do not know all of the details...

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## driller80545

I got arrested for public intoxication one time while sitting in the back of a van at a red light. It was a long time ago, but at the time I remember feeling lucky that I didn't get the $#@! beat out of me.

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## orafi

> Murderers and rapists in your town owe you and your hot dog a debt of gratitude for keeping the cops occupied.


Murderers and rapists probably tipped the cops off. tee hee

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## liberteebell

Find a civil rights attorney and at least get an opinion and maybe contact the ACLU.  You might find someone to take your case pro bono just to make a point.

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## LT for the Truth

wow, sorry to hear that. At first glance, I said you don't want anything that would taint your record, no matter how small. A friend of mine was drinking a beer in my car 17 years ago and it follows me to this day. I don't know man

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## The One

> I got arrested for public intoxication one time while sitting in the back of a van at a red light. It was a long time ago, but at the time I remember feeling lucky that I didn't get the $#@! beat out of me.


It's funny.......walk into any bar at midnight, and most of the people in there will be intoxicated.  But if a cop gets a bug up his ass about one guy in particular at the bar for whatever reason, that one guy will be arrested for public intoxication.  Nevermind all the other drunk people in the room....most of them getting ready to get in their cars and drive home.

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## brandon

> It's funny.......walk into any bar at midnight, and most of the people in there will be intoxicated.  But if a cop gets a bug up his ass about one guy in particular at the bar for whatever reason, that one guy will be arrested for public intoxication.  Nevermind all the other drunk people in the room....most of them getting ready to get in their cars and drive home.


Yea tell me about it. Last night I was arrested at 2AM. In my state, all bars are required to close at 2AM. So while they were busy harassing an innocent pedestrian walking only 50 yards, hundreds of drunk people around the town were leaving bars and getting into their cars to drive home.

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## driller80545

I got arrested not because I argued or refused to identify myself. I said nothing to the cops. In Texas at that time and in that place simply having long hair guaranteed your arrest on sight at the very least.

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## Nirvikalpa

Quota's falling a little bit too short 

Good for you for being calm and (somewhat) collected.  That's why I don't drink at all; I know I'd be an angry, emotional drunk.  Haha.

Honestly, I would take it to court - but you know the cops are going to be telling a completely different story.

Sorry that happened to you...

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## The One

Hey brandon.....it just occurred to me that you must have been really drunk.  You'd have to be to eat one of those nasty-ass hot dogs from 7/11.  Was it all red and shriveled up?

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## bkreigh

If you take it to court and win are they required to destroy all the documents, including pictures, from their records?  It would almost be worth fighting for this reason alone.

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## Pauls' Revere

just pay it, forget it...live to fight another day for the r3volution. I had a similar thing happen although I was drinking a beer by a river minding my own dam business. But hell drink all you you want at the ballpark! WTF !

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## sidster

First of all...

Everyone should watch these videos: *Don't Talk to the Police:*

http://video.google.com/videoplay?do...02514885833865

http://video.google.com/videoplay?do...15912&q=&hl=en


Next, I can't believe you first refuse to show ID but then volunteer info
that gets you booked.

Glad you are out and are OK.

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## coyote_sprit

> Hey brandon.....it just occurred to me that you must have been really drunk.  You'd have to be to eat one of those nasty-ass hot dogs from 7/11.  Was it all red and shriveled up?


Must be your 711. All the ones I've been too tend to have good hot dogs, prefer QuikTrip though.

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## The One

> Must be your 711. All the ones I've been too tend to have good hot dogs, prefer QuikTrip though.


You should be arrested, too.

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## coyote_sprit

> You should be arrested, too.


If you can't appreciate good food then you too should be arrested.

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## Kludge

> You should be arrested, too.


Go be miserable somewhere else.

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## The One

> Go be miserable somewhere else.


Going.....

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## Kludge

> Going.....


I was just kidding TO! COME BAAAAAACK!

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## Danke

> Hey brandon.....it just occurred to me that you must have been really drunk.  You'd have to be to eat one of those nasty-ass hot dogs from 7/11.  Was it all red and shriveled up?


Yep, that had to be a dead give away, man with hot dog from 711 at 2am!

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## DriftWood

> Ok, not really jail. It was just a holding cell. Fascism is rapidly approaching....
> 
> 
> Last night I was at a friends house drinking some beer. I had about 6 beers and was mildly intoxicated. Around 2 AM I decided to walk to the 711 to buy a hotdog. The 711 is about 50 yards from his house.
> 
> As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to. He asked me if I had beeen drinking, and I said "Yes I have had a few beers." He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.
> 
> At this point 3 more cop cars pulled up. After the cop verified that I was indeed old enough to be drinking legally, he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car. I didnt resist the arrest, but did tell him I would fight this in court and appellate court if necessary.
> 
> ...


If you take it to court, it will be their word against yours. They might say you acted violent, and had to arrest you. If this was UK, maybe there would have been one of those cameras on a lamb post, recording it. And then you could have used that to prove that you did not act out.

Cheers

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## The One

> First of all...
> 
> Everyone should watch these videos: *Don't Talk to the Police:*
> 
> http://video.google.com/videoplay?do...02514885833865
> 
> http://video.google.com/videoplay?do...15912&q=&hl=en
> 
> 
> ...


Great videos.  Thanx.

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## supaco0p05

This one just happened last november in a nice quiet beach town in SoCal, Palos Verdes. Vincent's Statement
Ross, Eric and I stepped outside our friend’s house on the cliffs of Palos Verdes Estates, ultimately to grab a breath of fresh air and to retrieve an item we had previously left in my car. We were told previously by our friends who occupy the house that police were eager to pinch anyone associated with the residence. Our friends claims were based on their intuition of police attempting to take a stab at building a complaint against those who occupy the house. Our friends who live there also indicated that if we go outside there was a good chance of being harrassed by police, we thought nothing of these warnings from our friends, since we come from a town we're the police are not know for their practice of harrassment on unhostile innocent people. We stepped outside into a very cold night and proceeded to my car, Ross hopped in at the drivers side, me at the passenger, and erick in the rear right seat behind me. No more than two minutes pass by as we're searching for the item we came out to look for a police car turned the corner onto the street in front of us. The police car had it's light's off.  We knew the officers were looking for trouble because they pulled directly in front of the house. The police car thent set its light directly on us and at that time Ross already had his left hand raised out the window as to show we mean no harm.The police pulled in front of my car as to block an escape. An officer exited his vehicle and headed towards Ross' side of the car. Ross rolled down the window and before he could ask anything the officer began to yell "Who's got the weed?", we replied We don't have anything sir. The officer then replied " I hate Fu**ing liars!" (Later on after everything was searched thoroughly the officer found out that we were not liar's and we were not concealing anything.) I believe becuase Ross was confused by the officer's yelling and false claims, (I was also confused) Ross asked, "What's the problem officer?" The officers voice raised even higher to tell Ross to exit the car. Ross began to open the car door but had a little difficulty due to the inside door handle was broken and needed a certian pull to open. When Ross was pulled from the car he again asked "Whats the problem sir?" The officer with unnecessary force grabbed 

Ross by the arm and moved him toward my car. In the blink of an eye the officer struck Ross in the face and threw him to the ground and landed directly on top of him. Ross still questioned the officer as to why he was doing this to him. Eric and I were also terrified for we thought that our turn for a beating was next. I remained in the car as I knew getting out might anger the officer. I then saw another officer approach. In fear I yelled to the approaching officer ( I will call Officer B)that his partner had assaulted my friend. He told me to shut up and remain seated. I tried to plead the officers that Ross had done nothing wrong. Officer B placed his hand on his gun and yelled at me to be quiet. I remain uncommunicative out of fear  that he might assault Eric or me. I was outraged that they had assaulted Ross with no reason. Ross had done nothing wrong and was completely compliant with the officer. The officers then called for back up. An unnecessary amount of police officers arrived at the scene as if my friends and I were armed and dangerous. All of us are college students. Ross and Eric work full-time. I am a full- time honors student as well as an athlete. I could never have imagined myself in such a situation until that night. The officer's questioned us and our complaint's were ignored. They searched us, my car and arrested Ross. I asked the officer if I was under arrest and he replied "no." I took out my phone to call my lawyer and the officer asked what I was doing: I told him and he told me to put away my phone, being scared I complied. Finally the officer  left with Ross in the back seat. I have the utmost respect for men and women of the law. But, I belive the gentlemen I dealt with that night, the Palos Verdes Estates Police are a goup  of wild cowboys who believe it is acceptable to exert force on those who they are supposed to protect. I believe Ross was assaulted without reason and deserve's retribution and an apology from the Palos Verdes Estate Police Force. The individual officer who took part in the act is no way someone responsible and passive enough to handle the role of a peace officer and should be reprimanded to the highest level.


Ended up paying a lawyer $2500 went to court and the D.A. offered a plea bargain. The bargain included dropping of public intoxication but enter a "No Contest" plea to obstructing police officer's duty (Maximum sentence in Cali 1year in county prison. In the end I recieved 3 years summary probation and $500 fine.

If you guy's would like to see the police report, I should be able to scan it. They totally twisted the story for their favor. When I asked for video tape from the squad car they replied with we dont have active cameras in our vehicles... how convinient!?!

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## american.swan

Wish CfL could help with stuff like this too.  Get stuff like this in local papers.  WITH our view of why it's WRONG.




> Ok, not really jail. It was just a holding cell. Fascism is rapidly approaching....
> 
> 
> Last night I was at a friends house drinking some beer. I had about 6 beers and was mildly intoxicated. Around 2 AM I decided to walk to the 711 to buy a hotdog. The 711 is about 50 yards from his house.
> 
> As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to. He asked me if I had beeen drinking, and I said "Yes I have had a few beers." He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.
> 
> At this point 3 more cop cars pulled up. After the cop verified that I was indeed old enough to be drinking legally, he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car. I didnt resist the arrest, but did tell him I would fight this in court and appellate court if necessary.
> 
> ...

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## WRellim

> Ok, not really jail. It was just a holding cell. Fascism is rapidly approaching....
> 
> 
> Last night I was at a friends house drinking some beer. I had about 6 beers and was mildly intoxicated. Around 2 AM I decided to walk to the 711 to buy a hotdog. The 711 is about 50 yards from his house.
> 
> As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to. He asked me if I had beeen drinking, and I said "Yes I have had a few beers." He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.
> 
> At this point 3 more cop cars pulled up. After the cop verified that I was indeed old enough to be drinking legally, he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car. I didnt resist the arrest, but did tell him I would fight this in court and appellate court if necessary.
> 
> ...


Quick question... how "old" do you look?  Any gray hair on head or in beard or anything?

The point being that if you look "young enough" then their BS reason of needing the ID "to determine whether you were underage" probably WILL stand up in court.

If you got gray hair on head or beard... then there is no way THAT excuse will stand as anything more than BS (with a decent jury).  But in THAT case they might begin "testilying" -- and you'd have to do discovery on the report they filed to see what they actually wrote down ("subject was aggressive and resisted arrest" etc.) -- if they wrote it down as you described it, AND you look old enough that no one in their "right mind" would think you under 21, THEN you might have a chance of fighting it.  It really depends on how good of a job they did with covering their backsides.

Also was the first cop a county cop?  Or a town cop?  Or a State patrol type guy?  And if more than one type, which cop (Town/County/State) did the actual arresting & report write-up?

Oh, and *I am Not a Lawyer*... and you need one if you decide to fight it. (But you are right about the $25 fine... it's low so they make you go away... but it WILL stay on your record and haunt you later).

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## Kludge

> Oh, and *IANAL*... and you need one if you decide to fight it. (But you are right about the $25 fine... it's low so they make you go away... but it WILL stay on your record and haunt you later).


Worst acronym... ever. (going to bed now...)

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## coyote_sprit

> Worst acronym... ever. (going to bed now...)


My thoughts too. Sounds like slain for I do anal.

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## phill4paul

I'd talk to a lawyer. Even something as petty as public intocication will come back to screw you later. 
  My nephew was looking to rent an apartment and after taking his info and $70 application fee turned him down in about 5 minutes. A p.i. misdemeanor from 7 years ago led to a ding in his criminal check. 
  Seems like an easy scam for the apartments to me. 
  So just be aware that even a misdemeanor for p.i. will have repercussions when applying for an apartment or a job.

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## constituent

> Glad you kept your cool. I would've gone ape-$#@! if they tried to arrest me for public intoxication. Pay the $25 and try not to stew over it... We need you for more important things.


thereby providing them with all the proof they need to back up the charge they hit you with.

sue them for depriving you of your constitutional rights.

i know of a case where something similar happened, and the county was literally slammed with lawsuits.  it cut the $#@! out_ immediately._

perhaps find a good lawyer and a few other folks w/ similar circumstances.

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## MoneyWhereMyMouthIs2

> If I pay the fine, it only costs me 25$. If I fight it in court, I will lose $200 from missing work to attend the trial.


If you pay the fine, you'll give $25 to the corrupt system for he pleasure of being unreasonably harassed.  

1.) If you fight it in court, you'll have the satisfaction of knowing you're standing up to the bully, even if he's only picking on you a little bit.

2.) If you fight it in court, the officer will have to take time out of his schedule/life to show up.  If he decides to show, you'll hae the pleasure of making him take some unreasonable positions in a court full of people.  It may open a few eyes.

3.) If you fight it in court, you'll either learn or exercise valuable skills in public speaking, law, and operating within a corrupt court system. (assuming it's no better that what I've witnessed.)

4.) If you fight it in court, that would be a great day for you and your friends to distribute FIJA literature outside the courthouse, in parking garages, or wherever, depending on how brave your friends are.  http://www.fija.org


I understand that $200 may be a lot of money to you at the moment, or maybe it's just enough to make it feel not worth fighting.  Don't forget that there are many other factors here, and there are other upsides to fighting these things besides boiling it down to 100% money.

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## brandon

I decided I am going to plead not guilty and fight this in court. I cannot afford a lawyer so I am going to do it pro se.

The charge for public drunkeness reads as follows...



> Defendent appeared in a public place manifestly under the influence of alcohol to a degree which endangered himself/others or annoyed people in the vicinity


There were no complaints reported against me so therefore I did not "annoy people in the vicinity"

So that means the police officer will have to prove that I was so drunk that I endangered myself or others. I did not take a breathalyzer at the time of arrest. I took a breathalyzer the next morning so I could be released, which came back as 0.00%

I was clearly not a danger to others as no one was around and I was peaceful througout the entire arrest.

What evidence could the officer use to demonstrate that I was a danger to myself? I was not walking in or near a street. I did not have alcohol poisoning. I did not fall down. I passed the sobriety tests.

What are the chances the cop will not show up to trial? Do I get a trial by jury for a summary offense, or is it just a judge that decides my fate? How can I file a lawsuit against the arresting officer without a lawyer? Does anyone know of any good websites where I can teach myself how to fight a case pro se? And what does "manifestly" mean in context of the charge(see above)?

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## Time for Change

Hi Ho Hi ho it's off to court you go.

Fight this with every part of your soul.

This is an outrage.

You were in no way exhibiting a threat to society, endangering the public or breaking ANY laws.
you do not need to take a sobriety test when walking.
You will win and the state will have to pay your costs (depending on where you reside)

This LEO has overstepped his bounds, is ignorant of the laws and is in need of serious reprimand.

Go get 'em

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## asgardshill

A lot of the answers to your questions could be provided if we knew what jurisdiction you were in, brandonyates.  State laws vary wildly.  For example, in some states such as Missouri and Nevada, there's no such thing as "public drunkenness" or public intoxication.

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## Sarge

Bingo,

I was just going to say the same thing. ie CA having a buzz doesn't count. Tx reads more strict.

The poster needs to google, violation for public drunk, for their state, to see what the law says.

In both of those states it remains on your record if found guilty.

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## crazyfingers

> A lot of the answers to your questions could be provided if we knew what jurisdiction you were in, brandonyates.  State laws vary wildly.  For example, in some states such as Missouri and Nevada, there's no such thing as "public drunkenness" or public intoxication.


His location is listed as Philadelphia.

I'm no lawyer, but if you passed the sobriety test I don't see how they were justified in holding you for any amount of time. You should see if you can find an attorney who will work on contingency.

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## brandon

I was outside of philadelphia in a town called Lansdale, PA

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## Charles Wilson

Pay the fine and chalk it up to the price you have to pay for living in a country that has embraced fascism. 

Be smart and fight fascism with your voice and vote. Remember, what goes around eventually comes around -- the bullies should get what is coming to them sooner or later. If we all fight together then their time should come sooner rather than later.

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## sidster

> His location is listed as Philadelphia.


*Bingo!* 




> I'm no lawyer, but if you passed the sobriety test I don't see how they were justified in holding you for any amount of time. You should see if you can find an attorney who will work on contingency.


He refused to take the breathalyzer test. He was taken in by the
officer.  It seems, according to his original post, he was booked
then given a sobriety test.

Here is a run-through of events as I read OP's posts
Asked for ID by officerRefused to provide ID based on constitutional rights.



> As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to.


Officer asks OP if he has been drinking.OP offers officer "probable cause" (STUPID move)
OP should've stuck with his constitutional rights (5th amendment) and not provided reason for officer to arrest him.



> He asked me if I had beeen drinking, and I said "Yes I have had a few beers."


Officer armed with probable cause continues



> He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.


Here is the arrest based on probable cause



> he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car.


OP is arrested, taken down to station, processed and booked



> They then took me to the station, made me remove my shoes, socks and belt, and searched all my belongings. They took pictures of me. Then they made me perform physical sobriety tests, which I easily passed.


Here is something interesting.  They refuse to let him make a phone call.  But I wonder if OP asked for his phone call and was refused or if OP didn't ask for his phone call.  If it is the former, having asked for the phone call but being refused, he could make a case with this if he goes to trial



> After this, I was thrown into a tiny metal cell with no clock and no windows. *I was not allowed to make any phone calls* to inform my friend of what happened to me. I stayed there for the next 13 hours.


So after being held, essentially for "detox", he is let go next morning.The breathalyzer test in the morning is to verify that he is in fact detoxed



> I did not take a breathalyzer at the time of arrest. I took a breathalyzer the next morning so I could be released, which came back as 0.00%



NOTE, I'm not a lawyer.  But I see a bunch of things done wrong by OP.
The case looks really bad for him IMO.

One thing I can suggest is to educate yourself before deciding to go to
trail.  Watch the two videos I posted earlier.  I would also suggest you
contact your local ACLU chapter to see if they can help you out.  Tell
them your story and see what they have to say or offer to you.  I know
most people hate ACLU, but it is the baby and bathwater thing...

It sucks that this will go on your record.  I wouldn't want something that
stupid on my record.  I would want to fight it.  But know all your options
and consequences of your actions before making that decision to fight
or not.

I'd be interested in hearing more about this if you do go ahead with
fighting it.  I'd be rooting for you!

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## kylejack

Should we all write letters to or call the department?

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## Sarge

There might be some argument if this is still correct and the person is on a sidewalk. PA

Section 3550.  Pedestrians under influence of alcohol or controlled substance. 

            A pedestrian who is under the influence of alcohol or any controlled substance to a degree which renders the pedestrian a hazard shall not walk or be upon a highway except on a sidewalk. 

Not sure if they were still on the 711 property.  Only the poster knows or a lawyer for sure.

I am not an attorney so double check the statute.

Good luck what ever you decide.

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## bander87

No phone call??

And what did they fine you for?

Somebody should have called the cops and reported you missing!

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## Doktor_Jeep

First mistake made: Talking to the police.

Never talk to police.

http://media.regent.edu/lawPreview/0...lktoPolice.wmv

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## Mach

If you can go to court and have the cops "probable cause" thrown out (I know ) then there goes their whole case..... anyway, if you want to dig in here is a  Law Lesson, by the way, just let the video load, then you can move the cursor back and forth and read at your own speed.

UCC 1-207.4 reserves your rights

I don't want to get too Sun Tzu on you, maybe you should save up to fight another day...  kinda thing. Take what happened as a personal lesson in life to use later to your advantage. I'm sorry to say , but,  that Officer will get up there on the stand and instantly have 10-1 odds on you, and that's before anything even happens, he will simply get up there and say that he wanted to keep the people safe and seen you acting (fill in the blank), so it was his job to "help".... etc. etc. etc....

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## Mongoose470

> Ok, not really jail. It was just a holding cell. Fascism is rapidly approaching....
> 
> 
> Last night I was at a friends house drinking some beer. I had about 6 beers and was mildly intoxicated. Around 2 AM I decided to walk to the 711 to buy a hotdog. The 711 is about 50 yards from his house.
> 
> As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to. He asked me if I had beeen drinking, and I said "Yes I have had a few beers." He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.
> 
> At this point 3 more cop cars pulled up. After the cop verified that I was indeed old enough to be drinking legally, he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car. I didnt resist the arrest, but did tell him I would fight this in court and appellate court if necessary.
> 
> ...


Go to Iowa City Iowa.  It is fascism in every sense of the word regarding their war on alcohol.  Basically the upper crust elite in the university want the downtown area to be more appealing to the university employed yuppies (I'm not making this up.)  God forbid they have to encounter a boisterous imbiber (or a student) on the way to their planned Starbucks, the upscale Greek restaurant and the strip mall.  The arrests the police make for PAULAS are staggering.  The city pressures convenience stores to move away from the campus if they sell beer and will actively run them out.  The same with the bars in the downtown area.  Exit the bar to get in your cab, run like hell because you will get busted for PI on the way to the cab.  Someone was even cited for a PAULA when he took his garbage out.  He had one foot on public property however:  PUBLIC INTOX!  There was a Quicktrip in downtown IC that had a cop right at the front door every night carding everyone who walked in and for some odd reason thought everyone entering was named "Ben Drinkin."

I have to agree with the Good Doktor:  Never say a word to the police.

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## amy31416

> Go to Iowa City Iowa.  It is fascism in every sense of the word regarding their war on alcohol.  Basically the upper crust elite in the university want the downtown area to be more appealing to the university employed yuppies (I'm not making this up.)  God forbid they have to encounter a boisterous imbiber (or a student) on the way to their planned Starbucks, the upscale Greek restaurant and the strip mall.  The arrests the police make for PAULAS are staggering.  The city pressures convenience stores to move away from the campus if they sell beer and will actively run them out.  The same with the bars in the downtown area.  Exit the bar to get in your cab, run like hell because you will get busted for PI on the way to the cab.  Someone was even cited for a PAULA when he took his garbage out.  He had one foot on public property however:  PUBLIC INTOX!  There was a Quicktrip in downtown IC that had a cop right at the front door every night carding everyone who walked in and for some odd reason thought everyone entering was named "Ben Drinkin."
> 
> I have to agree with the Good Doktor:  Never say a word to the police.


That's crazy. I also got the idea from your other thread that guns are illegal there.


I know one state that I won't consider moving to.

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## Mongoose470

> That's crazy. I also got the idea from your other thread that guns are illegal there.
> 
> 
> I know one state that I won't consider moving to.


Regarding the guns in the other thread, I was ribbing Ozwest.

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## syborius

> I'd talk to a lawyer. Even something as petty as public intocication will come back to screw you later. 
>   My nephew was looking to rent an apartment and after taking his info and $70 application fee turned him down in about 5 minutes. A p.i. misdemeanor from 7 years ago led to a ding in his criminal check. 
>   Seems like an easy scam for the apartments to me. 
>   So just be aware that even a misdemeanor for p.i. will have repercussions when applying for an apartment or a job.




That is just F'd up. I am tired of that. The use of databases by businesses to discriminate against people has gotten completely out of control.

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## Roxi

if your story is word for word fact... meaning you didn't like roll your eyes, or mutter pig or oink under your breath or something, you might really have a case for the ACLU, less has been made a big deal by them...

if it isn't going to be a huge burden on you financially, I would fight it, based on principle.

 you told them you would fight it, they gave you a small fine hoping you wouldn't, if you don't they are going to sit back and have a big laugh about it and maybe, just MAYBE if they have to show up in court and look like $#@!s they will think about that with the next person.

or MAYBE they will just continue being effing $#@!s

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## Raditude

1, Whoa, kewl, I have a friend named Branden Yates here in Shelbyville, only he spells it with an "E" instead of an "O".

2, that's a bummer. We're you acting stupid or anything? It sounds like you weren't disturbing the peace or anything, you were just getting a hotdog, why arrest you if you're still competent? Fascism at it's finest.

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## Doktor_Jeep

Your first mistake: YOU TALKED TO THEM.


NEVER talk to the police. You don't have to, and are not required to. Not for any reason, at any time. 

Once you admitted to having beers, you were done. 


AGAIN: NEVER Talk to them. Even if they give that line of crap "I am ordering you to answer me and I can arrest you if you don't obey me". Bull$#@!. 

http://www.prisonplanet.com/articles...608_b_talk.htm

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## Doktor_Jeep

> You should be arrested, too.


Whoever thought of those 711 hot dogs should be arrested.

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## Paul.Bearer.of.Injustice

Wow.
My first reaction was to give you the $200 to fight it, but after some thought it appears you will probably lose.
You can always hope the cop doesn't show up to court.

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## AFM

I would have told that pig "I pay your salary, $#@!.   REMEMBER THAT."

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## bander87

What were the charges?

Is it lawful to not have a phone call?

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## iflyboats

You should not have volunteered that you had been drinking.

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## Danke

> Hey brandon.....it just occurred to me that you must have been really drunk.  You'd have to be to eat one of those nasty-ass hot dogs from 7/11.  Was it all red and shriveled up?


For some reason I thought of this thread when I saw this video:

YouTube - Drunkest Guy Goes Back For More Beer

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## Kludge

//

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## youngbuck

> For some reason I thought of this thread when I saw this video:
> 
> YouTube - Drunkest Guy Goes Back For More Beer


Omg, I was crying laughing

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## CasualApathy

> For some reason I thought of this thread when I saw this video:
> 
> YouTube - Drunkest Guy Goes Back For More Beer




OMG, that is the funniest $#@! I have seen in a long time, thank you for that.

The music makes it so epic!

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## Bruno

lmao.  

"this bowl will save my fall!"

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## Chester Copperpot

brandon so what eventually happened??? This is an old thread but its new to me

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## Bruno

> brandon so what eventually happened??? This is an old thread but its new to me


Here's what _didn't_ happen.  

*If this thread reaches 2500 posts I will post naked pics of myself* 

http://www.ronpaulforums.com/showthr...t=brandonyates

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## WClint

This is another reason they should have all night delivery.

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## brandon

> brandon so what eventually happened??? This is an old thread but its new to me


Took me about 9 months to get a court date, but I was found not guilty. I created another thread about my experience going to court.

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## Bruno

> Took me about 9 months to get a court date, but I was found not guilty. I created another thread about my experience going to court.


congrats, Brandon.  Glad you fought it and were found not guilty.

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## eOs

Man if I had a dollar for every time I heard a story like this. Good job keeping cool tho.

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## Danke

bump for gb13

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## speciallyblend

business as usual nothing to see move along!! disgusting and why i do not really look at police officers as police officers but as domestic terrorists!!

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## brandon

lol me and my friends still joke about this from time to time. I actually just moved right next to the 711 where this happened.  And yes, I do still go to the 711 after drinking from time to time. Haven't had any more run-ins with the men in blue thankfully

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## TomtheTinker

I dont know what you should do my friend. What I need to so is stop reading and watching things on this subject because im progressively get angrier.

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## Travlyr

> What I need to so is stop reading and watching things on this subject because im progressively get angrier.


Agreed. I called my Senator yesterday and left a message. When I was done, I realized that I should have cooled down a bit before I made the call. Fortunately, I did not call him a psychopath on the phone.

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## libertybrewcity

Pay it but spread the word.

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## mrsat_98

Dunno what its called in PA but here its called pursuing frivilous prosecutions or official oppression in TX. Public intox means you are a danger to yourselves or others due to being intoxicated. You just got a contempt of cop charge. Dig around there is always a fun counter charge for this kind of $#@!. My favorite being Louisiana Revised Statues 14:390 its always fun.

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## AFPVet

You have a right to remain silent... do not talk to law enforcement. The only words that should come out of your mouth are "I am invoking my 5th Amendment rights at this time". Do not offer probable cause for arrest. I am glad that you won the case

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## heavenlyboy34

> For some reason I thought of this thread when I saw this video:
> 
> YouTube - Drunkest Guy Goes Back For More Beer


LMAO!  ...the epic saga of one man's struggle against gravity

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## unconsious767

You got a hotdog instead of a truckstopper® sandwich. That was your first mistake !

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## iGGz

---

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## osan

> As I was leaving the 711, a cop started following me. He pulled in front of me and jumped out of the car demanding ID. I told him that I am not required by law to present ID and did not want to. He asked me if I had beeen drinking, and I said "Yes I have had a few beers." He then informed me that if I did not present ID he would assume I was under the age of 21 and have to lock me up. Not wanting any more hassle, I complied and presented my ID card.


Poorly handled.  You ended up in jail anyway.  You should have stuck to your guns.  Bigger mistake was talking to the cop at all, much less admitting that you had been drinking.  You blew it big time.  Luckily for you the damage has thus far been minimal.




> At this point 3 more cop cars pulled up. After the cop verified that I was indeed old enough to be drinking legally, he told me that I was going to have to take a breathalyzer. I promptly informed him that I would not be taking a breathalyzer. As soon as these words left my mouth, he slammed cuffs on me and threw me in the cop car. I didnt resist the arrest, but did tell him I would fight this in court and appellate court if necessary.


You've been posting here for how long?

When they say do not talk to cops, that is meant absolutely and completely literally.  You say nothing.

You will forgive me if I point out that going out in public whilst lit is just $#@!ing stupid.  You should not have to worry about cops that way, but the fact is that you do.  That being the case, all I can say is you basically went out with a great big neon sign that only cops can see that read "$#@! with me".  I hope for your sake that you learn from these errors.

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## AFPVet

> You will forgive me if I point out that going out in public whilst lit is just $#@!ing stupid.  You should not have to worry about cops that way, but the fact is that you do.  That being the case, all I can say is you basically went out with a great big neon sign that only cops can see that read "$#@! with me".  I hope for your sake that you learn from these errors.


As a former LEO, I can attest to this.

----------


## iGGz

//

----------


## osan

> Poorly handled.


Yes, and I need to learn to look at post dates.

Now that I am feeling like a grade-A dildo, I will tender my heartfelt "oops", replete with sheepish grin, face full of egg, and a couple bites of crow.

Oh, and a healthy DUH.

You're welcome.

----------


## osan

> $#@! the police


Sadly, that is not going to be much help if you end up on the wrong end of someone's pistol.

Until the day comes that police as we know them are eliminated (barring complete elimination), one needs to proceed intelligently within the current reality.  That means giving police no pretext for paying you any attention.  Consider just how dangerous interaction with police can be.  I go down to hang out in Greenwich Village in NYC on a hot July night.  I'm talking with friends and I make a statement about cops, an unflattering opinion about them in some form or another.  A nearby beat cop and his buddy overhear my comments and decide to "check me out".  They ask for ID.  I refuse.  They escalate.  I very passively resist.  This could very easily end me up in a jail cell.  With just a little more cop attitude, I could end most dead.  The mere expression of politically incorrect opinion before a cop could get you killed.

When in public, one needs to have their $#@! squared away because dangerous, armed petty tyrants abound.  Attracting their attention is an exercise in playing the numbers in a potentially very dangerous game.  Do as you will, of course, but when poorly considered choices result in someone taking an enormous $#@! on you, there is nobody to look to but oneself.  IMO, of course.

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## hillbilly123069

Organized crime doesn't take a chance on sharing it's power

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## UWDude

I always go to court.  It's the principle.  Try to tie up as much time as possible in court too.  Start off by explaining to the judge all the hassle you have gone through to get to court, and why you are contesting.  Don't let her pass you off.  
All the other stuff about suing for civil rights violation etc is a pipe dream.


EDIT:  Aw jeeze, zombie thread just bit me.

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## Danke

> lol me and my friends still joke about this from time to time. I actually just moved right next to the 711 where this happened.  And yes, I do still go to the 711 after drinking from time to time. Haven't had any more run-ins with the men in blue thankfully


Bump

----------


## Anti Federalist

Wow, lots of good names here that have fallen by the wayside.

WRellim for instance.

----------


## Anti Federalist

> A lot of the answers to your questions could be provided if we knew what jurisdiction you were in, brandonyates.  State laws vary wildly.  For example, in some states such as Missouri and Nevada, there's no such thing as "public drunkenness" or public intoxication.


Asgard is briefly featured at the beginning of the game, during Lenneth's awakening, and more prominently during the events of Chapter 7. Swayed by Loki's persuasion, Lucian uses the Water Mirror to attempt to bring Lenneth back to her senses, despite her contempt. Loki uses this distraction to steal the Dragon Orb and kill Lucian, blaming the theft on him in order to lull Odin into a false sense of safety. After being saved from the Sovereign's Rite by Lezard, Mystina and Arngrim, Lenneth recovers her human memories as Platina and travels back to Asgard to stop Loki's rampage. Finding Odin slain and Freya crying over his body, *she laments their lack of compassion for humans and pursues her opponent on Asgard's Hill*.

----------


## Anti Federalist

> Bump




Necromancer has a supernatural ability to bring long-dead forum discussion threads back to life. After having been flogged to death the thread may have been deceased for many years, and bringing it back may have scant relevance to the current topic, yet Necromancer will unexpectedly exhume the threads rotting corpse, and strike horror in the forum as its grotesque form lurches into the discussion. The monster, instantly recognized by all who knew it in life, seems at first to breathe and have a pulse, but, alas, it is beyond Necromancers skill to fully restore the threads original vitality. The hideous apparition may frighten away some of the weaker Warriors or Warriors badly wounded in former battles, but the thread is only a shadow of its former self and very quickly expires.

Unlike Archivist, who compulsively saves every forum message in carefully preserved archives for future use in battle, while Necromancer collects departed threads merely for the thrill of resurrecting them. Some say he performs this unnatural act out of malice, others say he cant help himself, but no one really knows.

----------


## Ronin Truth

When you pass GO you get to collect $200.

----------


## Warrior_of_Freedom

> When you pass GO you get to collect $200.


When you pass GO going 6 miles above the speed limit, cops collect $200

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## Danke

Bump

----------


## Anti Federalist

> Bump


Bored?

----------


## Anti Federalist

> Bump


Bored?

----------


## Danke

> Bored?


You?

http://www.ronpaulforums.com/showthr...ow-a-keg-party

----------


## phill4paul

> You?
> 
> http://www.ronpaulforums.com/showthr...ow-a-keg-party


  So that was the hot dog reference was about? You, sir, have a mind like a steel trap. Or too much time on your hands. Either way it is remarkable. Proven. Because I just remarked on it.

----------


## Danke

> So that was the hot dog reference was about? You, sir, have a mind like a steel trap. Or too much time on your hands. Either way it is remarkable. Proven. Because I just remarked on it.


I just remember funny posts.

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## phill4paul

> I just remember funny posts.


 And that, sir, is if I were to ever leave the ole lady, not likely, I would P.M. you about joining me in a jaunt in Pattaya.

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## Danke

> And that, sir, is if I were to ever leave the ole lady, not likely, I would P.M. you about joining me in a jaunt in Pattaya.


If I go there, I'll send photos.

----------

