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StillCarrie's avatar

Can the police toss me in jail legally if iv'e done nothing wrong?

Asked by StillCarrie (15points) November 4th, 2012

I was with a friend, when we got pulled over, they arrest my friend and told me to call someone for a ride because I had been drinking. While I waited for my ride I ask why the cops were still hanging around I was told because I was intoxicated. I ask how intoxicated they thought I was and the cop spun me around hand cuffed me toss me in the back of the cop car just as my ride was arriving.
They told me I wasn’t under arrest as I sat handcuffed in the back seat of the cop car.
My ride ask I be released and she would take me home the police told her I was being belligerent and would not release me. They took me to drunk tank and held me for 7 hours. No one would tell me why I was there other then I was belligerent. I didn’t know I could be detained tossed in jail for being belligerent ( which is also not the case). Is that legal? Can they just toss me in a cell for being so called belligerent? I wasn’t doing anything wrong I simply asked a question. What rights do I have? I feel like this is wrong. My sober ride was there to pick me up. But instead of going home I spent the night in Jail? I have not been charged with anything, cited or given a court date, nothing they just released me and sent me on my way. Can they do that?

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3 Answers

zenvelo's avatar

I am not sure why your last question was closed, but I’ll say the same thing I said there. It’s not a question of legally, since they are the police. As long as they have a probable cause, which is you had been drinking, they are okay to do what they did, because in any complaint it is your word against theirs. And while I don’t agree with that, it is the way things are.

Yes, they can do that, and they did. You won’t be charged, and you will never hear of this again unless you complain.

bkcunningham's avatar

What BAC did you blow?

livelaughlove21's avatar

I’m assuming you’ll get pretty much the same response here as you were getting the first time you posted this question.

Consider it a lesson learned. Keep your mouth shut around cops – only speak when spoken to. Make better decisions – think twice before getting in the car with someone who has been drinking.

If you had been drinking, I doubt your question was asked in any respectful manner and you probably were belligerent, as most drunk people tend to get. So, it’s probably not nearly as innocent a situation as you’re making it out to be.

If you’re being truthful, you could always file a complaint, but nothing would probably come of it. You already spent the time in jail – you can’t get those hours back. And it’s not like you were charged with anything you can dispute.

When you drink and drive or get in the car with someone that has been drinking, you should expect something bad to happen. Count your blessings that your drunk friend didn’t kill you both.

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