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RobertJDFL
RobertJDFL, Lawyer
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Chinese Canadian want ask some US Law?Last month, I came

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Chinese Canadian want ask some US Law?

Last month, I came from Canada and I drove to Buffalo for shopping. I think I was speeding in US highway and police stop me. After checked my drive license, and he want searched my car and me. He said my name on the arrest record because four year ago I went to Iowa to visit my cousin. I lived his house, and he rent with his classmate together. In midnight, police suddenly came the house to arrest us even I wear t-shirt and short pants and my cousin Stripped to the waist and boxer only. Police searched the house and found a 3 hand gun and 20 pack of marijuana with total 1000G in kitchen, dinning room and his roommate’s room and then we went to the police station. They told us can not to bail and they send us to county jail. Prison Guard need us to strip searches but they ask us to do many difficult action such as take dick very high, squat and cough. Spread your cheeks etc. We don't even have a shower. We just dress blue uniform and have separate two single jail cell. On the second day, we went the Court. They accuse my cousin and me with armed assault and possession of marijuana. Judge told us cannot bail and returned to Jail. Prison guard monitor when we shower, and then required us strip search again but this time touch our body and did rectal examination Inline our anus. We changed to orange jumpsuit and we close for 22 hours alone only a shower and walk around for an hour and every time needs to be strip-searched. Six months later, police finally catch the roommates. He admitted that all of his marijuana and a pistol! In addition the court examined that I and cousin have not violated the law, the court drop all charges! I never have any criminal record or arrest history and never go jail before this happened and I have these following question;
1. Can police search someone because that person had arrest or criminal record?
2. Is it permissible for law enforcement to obtain a search warrant?
3. Can police arrest someone in anytime?
4. Do the police have the right criminal clothes because I wear t-shirt and short pants and my cousin Stripped to the waist and boxer only?
5. What reasons cannot be released on bail and detention?
6. Is other country citizen not easy to bail from court? (Cousin and I are Canadian!)
7. Is all detained persons and prisoners to strip searches? There have any difference level or racism because someone has a good degree of fast but we are long?
8. Can they do did rectal examination including search our ass?
9. is any different between colors in uniform?
10. Can I complain to county jail because what they did when I stay there?
11. Even I drop the case, arrest record is still here? Do I need erased and how?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 11 months ago.
Thank you for your question. I will do my best to try to answer your concerns. There is a bit of a language barrier, so if you don't understand something, or I don't fully answer a question you were asking, please reply and let me know, and I'll try to explain further.

In answer to your questions:

1) No. Police need what is called probable cause to search someone. For example, if you get stopped for speeding, and you have drugs sitting on the front seat next to you in plain sight, that would give an officer probable cause to search your vehicle.

2) That's a very broad question, so I don't know in what circumstance you are asking, but generally, yes. For example, let's say the police get a tip from that there are drugs hidden in the attic of the home where you are staying -a house that is known for dealing drugs and a lot of drug activity. They can request a search warrant for the home to search for the drugs.

3) With probable cause (a reasonable belief that a crime was committed) yes. They can arrest them at home, work, while they are out, etc. Time of day doesn't matter, either.

4) I'm not sure what you're asking here. Are you asking if it's right that you were made to put on a jail uniform at the jail, yes, that is typical of most jails that people arrested are made to wear jail clothing.

5) Bail is never guaranteed and is left to the judge. There can be many reasons a person is denied bail -for example, for serious crimes like murder, if a person is on probabtion or parole when arrested, if they are a repeat offender, or if they are believed to be a flight risk are just some of the reasons a person may be denied bail.

6) It really doesn't matter where you are from - except that if a judge believes that you might try to flee the country to avoid prosecution, they will take that into consideration when deiciding bond.

7) All persons who are detained at the jail are stripped search (normally when they are made to change into jail uniforms). If you're asking why yours took longer than other people at the jail, I can't say - I wasn't there, but racism may have nothing to do with it. The guard doing the search may have been new and inexperienced, they may just be slower than others, they may be more thorough in their search than other guards.

8) Yes they can. It is common for people in jail and prisons to smuggle contraband such as drugs, and sometimes even small weapons, in their buttocks, so it is standard procedure to check a person's rectum.

9) That is up to the jail itself to set that policy, but there can be yes. A jail may dress its most dangerous inmates (those accused of murder, for example) in different colors for easy identification.

10) Yes, if you believe you were treated unfairly or differently than other persons at the jail.

11) Yes, the record is still there. You would need to see a criminal lawyer in your area about having the record sealed or expunged, meaning the records couldn't be seen in a background check if they were sealed or expunged. Documents have to be filed with the court in order to do this, and the process can take months to finish due to the high volume of cases judges have. A lawyer would probably charge around $1,000 to expunge an arrest record.
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
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Customer: replied 10 months ago.

 


Thanks answer my question, and I still have some question to ask;



  1. If I did not expunge my arrest record, will I any effect for my futur?

  2. Can I still complain prison guard after four year?

  3. Can I complain with this following situation?When I arrive jail, there have the other inmate here but they did not need touch body and did rectal examination Inline our anus.Prison guard monitor when i shower and we close for 22 hours alone only a shower and walk around for an hour and every time needs to be strip-searched.I did not see other inmate to be strip-searched same as us.When each time strip search,they just said "Little Chinese Guy".

  4. How can the standard accuse false statement?I have best friend who catch by police charge with document forgery. Police ask me for oral confession but I did not tell something about his family. Is that could be accuse false statement?

Expert:  RobertJDFL replied 10 months ago.
Thank you for your reply.

Not expunging your record means that if anyone were to do a background check (say, an employer, or perhaps a landlord, for example) they could see the arrest on your record -even if you were never charged or found not guilty, the arrest still shows up unless expunged.

Four years would unfortunately be past the statute of limitations, or time allowed to bring a claim. Even if you could bring a claim, based on what you are saying, I think it would be difficult to prove - things like checking a person's anus for drugs or weapons when brougt into a jail are standard procedure done to keep contraband out of the jail, for instance. And even though you didn't see or hear anyone that was treated the same as you were, you would have to be able to prove that you were treated differently than other inmates because of your race. In other words, just because you thought you were being treated differently doesn't necessarily mean you were - you obviously wouldn't have been able to see how every prisoner brought into the jail at the same time was treated.

I'm not sure I understand your last question -so if I answer wrong, please reply and I'll give it another shot.

Either an oral or a written statement to law enforcement, if an individual knows it to be false, can support false reporting charges in NY.

False Reporting Statutes:
http://law.onecle.com/new-york/penal/PEN0240.50_240.50.html
http://law.onecle.com/new-york/penal/PEN0240.55_240.55.html
http://law.onecle.com/new-york/penal/PEN0240.60_240.60.html


Did you know anything about what your friend allegedly did? If you knew that your friend was forging documents, and withheld information from the police, that's not a false statement, but that could be considered possibly "obstruction" for interfering with a police investigation. Now, if you didn't know what your friend was allegedly doing, and the police ask if you know anything, and you tell them you don't -that's not a crime. You're not obligated to talk to the police.

Customer: replied 10 months ago.

Thanks you reply, and this is my final questions;


 


I do not understand because I'm not guilty of serious crimes like murder, and I have not crime record and I was at the trial, but they treat us like a repeat offender.For example; rectal examination embedded in our anus. Prison Guards monitor our shower and we close our cell for 22 hours alone.And their words on racial discrimination, as little chinese guy, stupid boy and yellow man. That is main reason that I thought we were being treated differently. My previous lawyer and you gave me same advise that said it would be difficult to prove.


 


Did you know anything about what your friend allegedly did?


I am sure this answer because he ask me borrow money for his brother education. His young brother studied in Havard and he need find money even he got my money but still not enough. He told me may be he try document forgery. I knew he did in University before but I thought he was joke at that moment.


 

Expert:  RobertJDFL replied 10 months ago.
Some of the things that were done I believe are typical of the way jails operate as a matter of procedure. For example, all jails will look inside the rectum's of people entering the facility or of inmates suspected of carrying drugs or even a weapon in their anus. Similarly, I have heard of guards having to supervise inmates shower. I know these things were hard for you to deal with, especially if you had never been in a jail environment, but those things by themselves are not legal.

And yes, it would be very difficult to prove in a case that these statements were made or that even if they were, your rights were violated or your were somehow discriminated against because of something like your nationality.

If you believed your friend was joking about committing a crime then I don't see how they could charge you with something like obstruction unless you knew details of the crime or information about the crime and intentionally didn't tell the police. Not saying anything isn't violating the law if you really didn't think anything of what he said and simply don't bring it up.
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 10266
Experience: Experienced in multiple areas of the law.
RobertJDFL and 3 other Criminal Law Specialists are ready to help you

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