Legal Question in Constitutional Law in Ohio

Was my arrest legal?

Just this past weekend I was arrested for underage consumption at a party here at kent state. After being cuffed, I asked the officer if he was going to read me my rights and he said '' you have the right to remain stupid.'' I was not read my miranda rights, i was not told what i was being charged with, and when i refused to answer questions from the officer i was slammed into a tree. I was then taken to the police station, finger printed, and given a court date and released within the hour to a friend who picked me up, i'm 19 years old if that means anything, your thoughts please.


Asked on 10/22/01, 7:55 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Was my arrest legal?

1. Contact the internal affairs office of the police department that arrested you.

2. If you were seriously injured by being thrown against the tree, then see a civil lawyer.

If you were not seriously injured, it is not worth pursuing because the cop will have his witnesses who will no doubt say you were inappropriate.

My advice... leave it.

As to the ticket, his behavior came after your misdemeanor behavior, so my guess is it wouldn't affect your ticket unless you can convince the IA people that because of the abuse, the charges should be dropped.

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Answered on 11/22/01, 12:16 pm


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