How do you address police brutality?

[TroglodyteScholar]

I was attacked by a police man tonight after being arrested (no rights read) for "walking in the street"--which is bullshit, because I was making a conscious effort to stay away from the road--who wants to get hit by a car? The actual charge ended up being public drunkenness, which I admitted to. However, I was never even told the charge until I was finally bailed out. On top of that, I was not given my one phone call for several hours after I was locked up. Anyway, I felt I'd been unjustly imprisoned. I maintained the height of politeness with the arresting officer, but was told at every turn that I was being difficult. When I asked, "At what time I have I been combative or noncompliant," the officer refused to answer. I was in turn roughed up by an officer at the actual station...and, not expecting in a million years to be hit by a cop, I did not manage to get a badge number or name. It came out of absolutely nowhere. So I have an arrest which I feel was unjust, followed up by police brutality which I can't prove. I DO have an open wound on the side of my face where he hit me, but I suppose a judge wouldn't consider that significant. Also, my left ear has been ringing ever since the SOB hit me approx. 6 to 8 hours ago (couldn't tell what time it was b/c my watch was confiscated).

What the hell do I do?

[spoony]

1. Lawyer up

Try a google search for "police brutality lawyers," there are many more than one would think, and the first result will represent people anywhere in the country. I won't post any links 'cause I can't vouch for any particular firm, but I think this is an important first step because the cops probably will not be responsive to you.

Also take photos of your injuries.

Hope you take the pricks to the cleaners.

[DemocratSinceBirth]

3. ...

[Divine Discontent]

2. contact raginginmiami on this site

he had something similar happen to him (police misbehavior) as a photographer, maybe he can advise somehow, and besides doing that, keep checking back, I'm sure you'll get more advice later today.

God bless you, I'm so sorry the a-hole hit despite being non-combative yourself, you don't deserve that.

But yeah, check with the DU'er I mentioned.

[seriousstan]

4. Sober up.

[madokie]

5. yep first things first

[Commie Pinko Dirtbag]

6. Eh? Not being drunk is a guarantee against police brutality?

Or, conversely, police will beat you up just for being drunk? (Which, AFAIK, is only illegal if you're operating a vehicle)

Please elaborate.

[BlooInBloo]

7. Goes to credibility.

[TransitJohn]

8. Being drunk...

Or, conversely, police will beat you up just for being drunk? (Which, AFAIK, is only illegal if you're operating a vehicle)

...anywhere outside of your own home is against the law. If you're in a bar, or walking home drunk, you're guilty of public intoxication.

[Commie Pinko Dirtbag]

9. Damn, I keep forgetting you live in a country that's not as free as mine.

[Celeborn Skywalker]

22. Hardly anywhere

but the most backward, fundy, shitholes, will enforce the law against being drunk in bars.

[TX-RAT]

13. Best advice yet.

[Celeborn Skywalker]

23. So

since he wasn't sober, that gives pigs the right to assault him?

[TX-RAT]

36. You are aware there's 2 sides to every story, aren't you?

[TX-RAT]

10. What the hell do I do?

Since you feel like it was unjust, then contact a lawyer. Just remember most everything that took place was most likely recorded or on video. Most officers have a recording device they turn on as soon as they make contact with you, it's required by most if not all departments. Once you enter the police station just about everything is recorded and videoed. These things may go against you.

[TroglodyteScholar]

40. I'd never deny that I was drunk or that I was acting stupid

But I was never threatening or hysterical even. But no, I wouldn't enjoy much video or audio from that experience either way.

[JNelson6563]

11. Chris Rock has some helpful hints

http://video.google.com/videoplay?docid=2208734524363607265&q=chris+rock+police+brutality&total=16&start=0&num=10&so=0&type=search&plindex=0

On a more serious note, I hope things work out for you. Sounds like it was a seriously crappy experience with more to come

Julie

[TX-RAT]

12. This wasn't you was it? Might explain the open wound.

http://www.youtube.com/watch?v=QBJB-nunxgE

[proud2BlibKansan]

14. A good friend was arrested a couple years ago and did not have rights read either

When she pointed that out to her attorney, he said "You watch too much TV".

[TX-RAT]

15. Too many confuse being cuffed and put in the back of a car as being arrested.

[proud2BlibKansan]

16. No she was actually arrested

[TX-RAT]

17. She may have been.

But being cuffed and put in the back of a patrol doesn't necessarily mean your arrested.

[proud2BlibKansan]

18. I agree; but what is your point?

[TX-RAT]

19. Was she charged on the spot or was she charged at the station?

With officers wearing recording devices and police stations recording and videoing everything, she should easily be able to prove her case. Strange comment by her lawyer. Some people assume your rights are to be given to you as soon as your taken into custody or detained.

[proud2BlibKansan]

20. I'm not sure when they charged her

She spent the night in jail, was in court first thing in the morning, paid a fine and was let go. She called me to come pick her up. But she told me she had hoped the charges wold be dropped when they never read her her rights. So I said well maybe you signed something saying you understood your rights. So we looked at all her paperwork and there was nothing like that statement anywhere.

Anyhow, I think of this every time anyone talks about Miranda rights. Apparently they are not standard practice.

[TroglodyteScholar]

29. ...confused about being arrested?

Well, all I know is they took me to jail, took my picture, made me sign some things that they wouldn't tell me the nature of, required bail for my release, and gave me a court date.

If I wasn't arrested, I'm not sure what all that was about.

[seriousstan]

21. Here's is where you are confused.....they only have to read you your rights

if they are going to question you. If they are simply arresting you on what they already have seen or know and are not going to question you then you do not have to be Mirandized.

[BlooInBloo]

25. Really. You don't have to be informed of your right to an counsel....

... rergardless of whether or not they want to question you? That sucks - they could simply tell people that they have no such right then.

[seriousstan]

27. The person in custody must, prior to interrogation, be clearly informed that......

he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her.


After you are released it is up to you whether you want the expense of an attorney or not.

[TroglodyteScholar]

30. Interesting...

I really didn't know that, but I suppose it makes sense.

The arresting officer did tell me that I should use my right to shut up--he was very angry for some reason.

[VP505]

39. That's because

they don't have to read you your rights unless they are going to interrogate or question you. If the officer arresting you doesn't ask you any questions there is no need to be read your rights.

[Celeborn Skywalker]

24. Call a lawyer.

I'm not sure if they can do anything for you, but you may as well see what your options are. I fucking hate 75% of cops.

[guitar man]

26. Depends

on how many cops I'm up against. :evilgrin:

:hide:

Seriously though, I've been roughed up by the cops a couple times without cause and the only thing I have found to combat it is a good lawyer. I have a mean SOB of a snake in the grass for a lawyer that doesn't take too kindly to his clients beig abused. He's not cheap, but I did take his son under my wing and taught him how to play guitar, so we became pretty good friends and I get a deal on his services.

Don't take it lying down, lawyer up and go after them...:grr:

[TroglodyteScholar]

28. I appreciate everyone's input.

I think I have a lawyer in my near future, but I'm considering speaking with the sheriff first. My wife talked with a police chief, and he said it's all on record who was in the jail at the time (personnel-wise) and that the sheriff would probably like to know if someone is behaving irresponsibly.

Anyway, I took pictures of what the guy did to me, and it's pretty clear that I couldn't have done it to myself. My eyelid is all swollen up and there's a gash where he hit me (or where the arm of my glasses dug in when they flew off my face?) There's also a pretty noticeable bruise on the bridge of my nose exactly where the nosepiece of the glasses sits.

It really wouldn't surprise me, a cop being violent, IF I had put up any kind of resistance. But...I guess a lot of these guys eat, drink, sleep, and breathe violence. I believe I'm going to move away from this town before too long--not entirely because of this, but definitely in part.

Thanks again for everyone's input.

P.S. Those of you who said "get sober," I appreciate your willingness to be an asshole and kick me while I'm down. I am not a regular heavy drinker and I am going through a divorce right now. I certainly showed some poor judgment, but you guys can eat a whole bag of dicks.

[warren pease]

32. Don't see the sheriff without a lawyer ...

this will not only protect you against his/her looking for ways to discredit you, but he may also inadvertently give out information the lawyer could use on your behalf in a civil suit. Meet with a lawyer prior to meeting the sheriff and show him/her the photographs. They might advise you to have better ones taken, different lighting, etc. It's all about swaying a jury.

Never, NEVER talk to the cops without a lawyer present, and I mean even in a bar or at the donut shop. If you have the means, hire some mean bastard who still believes the Constitution is the law of the land. Unfortunately, as is usually the case in our market-based legal system, you're only entitled to the level of justice you can afford.

Good luck, and please update us when you can.


wp

[TroglodyteScholar]

33. Thanks Warren, I belive you're probably right about that.

When I talked to my brother, he was like, "That's why I call them the Blue Meanies."

I love my brother.

[TX-RAT]

35. but you guys can eat a whole bag of dicks.

And thats probably the same attitude you used with the officers. Personally i think you got drunk, got mouthy and combative with an officer, and they put your ass on the ground. Like i said before, it's all recorded and on video and in this case i don't think it will go in your favor.

The people saying sober up, are doing you a favor, listen to them.

[TroglodyteScholar]

41. Mouthy is one thing.

I was specifically called back out of my cell to receive that right-handed suckerpunch from an officer standing outside of my field of vision WHILE he was asking me questions that I was compliantly answering. And this guy was built like a linebacker, I shit you not.

Although there ARE two sides to every story, I haven't denied the facts of what I did wrong.

[TX-RAT]

42. If it was inside, then there will be video.

Your Attorney should have no problem retrieving it. The video can be your best friend or your worst enemy.

[TroglodyteScholar]

43. Not sure I'm going to do anything at all...

I doubt I'll end up doing anything about it. I'm too tied up in & exhausted by other awful things that are going on. Plus, I honestly fear retribution if I get anyone in trouble.

TRULY disturbing, though, how none of the 3 other officers in the room even batted an eye. Has got to be a common practice.


The Blue Meany

[porphyrian]

31. Video, video, video. Don't leave home without it. - n/t

[TX-RAT]

37. Just hope it's in your favor.

[porphyrian]

38. That's why you record everything, so no one can fudge the context. - n/t

[benEzra]

34. Long-term thing...it is vital to foster a culture in which

the police see their job as protecting the rights of citizens, rather than "keeping the civilians in line." I think most officers nationwide understand this, but it appears to me that some big-city police chiefs don't.

(FWIW, police are "civilians" too, as they are subject to the civil law rather than the Uniform Code of Military Justice.)