Legal Question in Criminal Law in Virginia

Unlawfull arrest??

I was having a cookout with a group of friends at a park nearby. We stayed a little past dark when we started to clean up. A little while later, 3 cops pull up. One approaches and reaches into my cooler and grabs a dark bag with a bottle of alcohol that I had used to make some mixed drinks and proceeds to pour it out. I get into a small argument about it, saying I don't think it was lawful for him to do that since it was stored, concealed and closed. He proceeds to threaten me with arrest for drunken in public because he smells alcohol on my breath. So I quiet up and just continue to clean up the table while my friends talk. I leave the scene with my stuff to go put away in my trunk. The same officer I was arguing proceeds to my car to harass me while the other cops talk to my friends. He starts shining in my car asking me who's car it is. I don't respond thinking he can look it up if he wants. He asks again and I respond with ''I would like to exercise my right to remain silent'' and thats when he pushes me against my trunk and starts to arrest me. My friends are approaching my car as it happens and saw me not resist arrest. They find a small bag with probably 1grm. At the magistrate he tells him I was ''uncooperative'' and resisted.


Asked on 7/25/06, 9:47 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Unlawfull arrest??

Better get a competent defense counsel(either retained by you or appointed by the court if you can't afford to hire one.) It would appear that this officer was quite successful in pushing all the right buttons that would ensure an adverse reponse on your part that would permit him to continue cleverly to orchestrate the unfolding of the ensuing events in such a manner that eventually would result in your presenting him (the officer) with a probable cause for your arrest that not only could he not resist but one very likely that he had eagerly anticipated.

Yes, somewhat disturbingly, I can now almost see it(the arresting event) myself unfolding with a stark inevitability that would not be denied as the late evening shadows closed fast upon what had just shortly before been a picnic scene of carefree gaiety and good cheer among friends.

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Answered on 7/25/06, 11:38 pm


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