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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27460
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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the other night me and my husband had to pull the car over

Customer Question

the other night me and my husband had to pull the car over cause we were having car trouble. we had our flasher on. my husband was out side of the car talking on the cell phone. police officers pulled up open there doors with guns out telling him to put hands in the air. he did as he was told. they handcuff him and put him up by the police car i saw what was going on i got out of car. he ask me were we were coming from i told him i just drop of my grandson off at home. he was being a smart ass so i said you pull up behind us knowing we are having trouble with the car you didn't even ask if everything was ok. you pulled your guns out. then he tells me to sit on the pumper of police car. he went in car went in my wallet took out my DL. telling me that my husband was on parole i said no hes not. then he said he on probation i said no hes not he told me yes he is. again i said no. he tells me his compute doesn't lie. i said i don't know what to tell you. because hes not on ether one. he came back and told me your husband is not on ether one. i said i thought your computer didn't lie. only you right! as i was sitting there i said so this is what my tax paying dollars is paying for? he said your husband is a felon i said you mean a ex felon. make a long story short. they had no reason whatsoever to do what they did. they took him to jail told me hope you can get your car fix. my husband told them that he needed medical att on the way to the hospital a robbery call came in they took him on that call. 4 males with guns robbing a man at the am - pm. are they allowed to do that? when my husband told them that he had high blood pursure. when he got to the hospital hes blood pursure was 147 over 198. they never read him his miranda rights can they just come up to you and pull out there guns for no reason. we were not doing anything wrong not in no drug area no crime has be done. also we saw the police officers when we were leaving my daughters they cut right in front of us. to make a u turn to go down the other street. these were the same two officer that my husband and son in law had a run in with two weeks before. can they do this and get away with this? i bail my husband out of jail. he goes to court on the 31 of this month.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.

My name is Fran and I'm a criminal lawyer. Although I see plenty of background here, you don't say why your husband was arrested and had to be bailed out.

What has he been charged with?

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Customer: replied 3 years ago.

sorry. he was arrested for herion. he had it in his pocket.

Expert:  Zoey_ JD replied 3 years ago.
Hi and thanks for the quick reply.

I think the police handled this badly, but that said, the initial encounter doesn't look unlawful to me.

The police don't need very much evidence to approach a car. They just need something more than a hunch that something may be going on. Here they had a legitimate reason to approach the car. It was stopped and that meant that something was irregular, though not necessarily criminal.

Once they approach they are allowed to ask for a license and registration and to pat you both down for their safety as well as to do a limited search of the car.

It doesn't give them grounds for a more full search, and it's possible, depending upon the circumstance, that the search and the retrieival of the heroin fro your husband's pocket was performed in violation of your husband's rights. It's difficult to say without details.

As for Miranda, Miranda only stands for the fact that a defendant who has been arrested does not have to submit to police interrogation. If there was no interrogation about the heroin, then Miranda doesn't apply and the warnings would not have to be read.

If your husband suffered medical damages through the officer's failure to get him medical attention, you could contact a civil lawyer and sue the county to get that money back. If what could have happened to him by virtue of his blood pressure didn't.fortunately, your best bet would not be to sue but to simply report the police for harassment and irregularities to their supervisors, to Internal Affairs and to your State Attorney General's Office to provoke an investigation to look into their practices.