What are your rights when being detained by a Police officer?

[DIPayton 10+ year member]

Bit of a long story, sorry.. but I left a lot of my basketball gear for the basketball team I coach at my friend's house. She told me on April 2 that she was being evicted. So I drove to the place right away to take my stuff out of there; while doing that, the police showed up and I still to this day have no idea why they were there.

When the police arrived, I was on my cell phone with a friend and had a basketball in my other hand. The 1st officer said to put the "property" back down immediatly and hang up my cell phone. I asked why and he responded "because I'm a police officer and I said so." I listened, he then pulled out a pair of handcuffs and asked me to put my hands behind my back. I asked if I was being arrested and he responded "no, you're being detained."

He didn't read me any kind of rights and then asked me what I was doing there and I told him. He asked me if I had ever been charged before and things to that effect and then said I was not allowed to take the property I was taking (several basketballs and basketball gear). I told him I was and that I had receipts for the gear in my trunk of my car (which was a nice coincidence that I had it lol).

He then took the handcuffs off of me. Just after taking the handcuffs off of me, he said anything further that I say can be used against me in court and then he said I was free to go, I picked up my stuff and began walking out of the house; he then said "and you don't need all that gear as a basketball coach; you're just being childish." I asked him for his name and he said "Just leave now, you're not wanted here"

I left... Now several days later, I am quite pissed off about being treated like a criminal and being detained and never told a reason why... Did the officer violate my rights in any way? Do I have a right to make a complaint about the situation? As far as I know, there wasn't even a police report made; and when I had the handcuffs on, I asked if I could contact a lawyer and he told me not at the time... Was this all correct actions? There were also 3 police officers in uniform and 2 police officers who were not even in uniform (and I'm just assuming they were police because they came in with them...)

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[slick rick 10+ year member]

what he did is ok. No miranda warning needed. He detained you for officer safety (which was questionable at best in your case). However, I'd snag his badge # anyway if you still are bent outta shape...don't get your hopes up thinking law suit though. That statement about using your words against you meant nothing, you were not charged, arraigned, no custodial interrogation, etc. Welcome to the world of cops...they love to abuse discretion.

 

[DIPayton 10+ year member]

what he did is ok. No miranda warning needed. He detained you for officer safety (which was questionable at best in your case). However, I'd snag his badge # anyway if you still are bent outta shape...don't get your hopes up thinking law suit though. That statement about using your words against you meant nothing, you were not charged, arraigned, no custodial interrogation, etc. Welcome to the world of cops...they love to abuse discretion.

Ok, that is actually fine. I was originally bent out of shape because it was my first time ever handcuffed (and I still have a bruise/ scratches on my wrist from it) and I was never told a reason why. There were 4 other people in the house and I was the only male there and only person handcuffed. I thought that may have been a part of the reason why. He also patted me down and asked me to empty my pockets (which was not a problem for me). I actually forgot all about it yesterday, but then today got upset when thinking about how the officer didn't tell me his name.

 

[tsenfw 10+ year member]

I've heard that if you are being mistreated by cops (getting pulled over I guess it applies to) that you can demand that their shift supervisor come to the scene. Is this true? I know that would probably make things worse for you but I guess in extreme cases it might help. Is there any truth to what I heard?

Aren't cops supposed to provide you with their name and badge number if you ask? I'm wondering the same thing this guy is wondering.

 

[SethPhillips 5,000+ posts]

you have the right to punch him in the face.....

whenever i get pulled over i just ask to talk to my lawyer. and it shut's him up... ( when i get pulled over something i know i did wrong)

 

[slick rick 10+ year member]

Ok, that is actually fine. I was originally bent out of shape because it was my first time ever handcuffed (and I still have a bruise/ scratches on my wrist from it) and I was never told a reason why. There were 4 other people in the house and I was the only male there and only person handcuffed. I thought that may have been a part of the reason why. He also patted me down and asked me to empty my pockets (which was not a problem for me). I actually forgot all about it yesterday, but then today got upset when thinking about how the officer didn't tell me his name.

stop and frisk is exactly what it was. Your suspicions were right...only male there, gives them reasonable suspicion for a Terry stop and frisk. The bruises, ego hurting are good for ya...shows you how you NEVER win on the street against a cop. It's in the court room where you can own em. //content.invisioncic.com/y282845/emoticons/wink.gif.608e3ea05f1a9f98611af0861652f8fb.gif

 

[slick rick 10+ year member]

I've heard that if you are being mistreated by cops (getting pulled over I guess it applies to) that you can demand that their shift supervisor come to the scene. Is this true? I know that would probably make things worse for you but I guess in extreme cases it might help. Is there any truth to what I heard?
Aren't cops supposed to provide you with their name and badge number if you ask? I'm wondering the same thing this guy is wondering.

not sure about coming to the scene(highly doubt in real life it happens), but you can report them with their badge #. But what cop will willingly do that? For reference, check the UCLA tazer thread and see if the cops gave their badge #'s.

 

[BoomBoomBoy 10+ year member]

Do I have a right to make a complaint about the situation?

You absolutely do. You must go to the Police station and ask to fill out a formal complaint. Make sure you give it to the "Watch Commander".

 

[Flipx99 5,000+ posts]

I doubt it would be helpful.

 

[Chevillac 5,000+ posts]

Just a dickhead cop being a dickhead cop. You probly handled the situation the best way you could have. Yeah the comments he made were unecessary, but thats what dickhead cops do. I had a situation just like this, which made me read up on my rights, start searching around , thats what i did.

 

[BoomBoomBoy 10+ year member]

I doubt it would be helpful.

I may or may not, but it's the right thing to do. Cops have a tough job, but when they start treating all citizens like assholes, it's time to take action.

 

[snoopysnooper 10+ year member]

are you black? cause if you are, you can REALLY pin em..

if you are white ehen they were jus bored

 

[Chevillac 5,000+ posts]

oh and did you ever ask the girls in the house why the cops were there? Somebody has to know. what happened while you were there? Lot of details left out of this story.

 

[snoopysnooper 10+ year member]

or maybe they were drunk?

 

[DIPayton 10+ year member]

are you black? cause if you are, you can REALLY pin em..if you are white ehen they were jus bored

yep.. Only other black person in the house was a 2 year old black girl... when I said earlier that I was the only guy, I was going to mention only black person too... but then remembered that the 2 year old was a black girl too... so didn't mention that... but ehh... I don't like getting race involved ever...