QUESTION

What legal defense do I have against the cops who cuffed me and puts me in the car since I am only 16?

Asked on Dec 15th, 2012 on DUI/DWI - Pennsylvania
More details to this question:
My boyfriend and I were walking along the street and randomly got pulled over by a cop and asked what we were doing. We both said we were fighting. He got out of the car, not once did he read us our right the entire time we were there. He patted down my 19 year old boyfriend and found 2 beers. The cop was being very disrespectful and screaming at us. I asked him how it was possible for us to be pulled over for walking along the street and he freaked out. I said one thing and he put me in cuffs and put me in the car. Iโ€™m 16 and I blew into a box and got triple zero's. Then my boyfriend got a text, the cop opened up the phone and said who's this? Should I open it? My boyfriend said none of your business you're not allowed to read it. Then the cop continued to harass him and was like come on just back up to the car and push the button with your finger, come on, come on. And my boyfriend said no. they then took his hat off and told him that it was on crooked and they were going to bend it and fix it. Then I told the cop that he couldn't put me in cuffs and put me in the car because I'm 16 and they didn't contact my parents. He was then very rude and told me to keep looking on the internet cause I wasn't very smart and didn't know what I was talking about. Then one of the cops was like wow she knows her law, she's right he can't do that. Then two cops were whispering to each other and then looked at each other. My boyfriend's mother showed up to pick us up and she screamed at my boyfriend and he said shush and the cop freaked out and screamed in my boyfriend's face and told him to apologize. My boyfriend said is it the law? And when we were walking to the car my boyfriend and I were just talking to each other, not even about the cops, and the one really ignorant cop started running toward us telling us if we want to runs our mouth and look at them we can go with them. They were literally screaming in our faces.
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
If what you say actually happened, the lesson for you to learn is that sometimes the police in a community are not much older nor more mature than the kids they arrest or stop. Sounds like they had no probable cause to stop you. If you or your friend had been arrested, your attorney could file a suppression motion in which the police encounter with you would be challenged. If you were not arrested or cited, consider yourself lucky and chalk it up to experience. Had the beer been located in a common area, you could have been cited for underage purchase, consumption or transportation, which not only carries a fine but a driver's license suspension as well. As far as you having any right to sue the officer in civil court, I don't think it's a good case but you may want to check with a civil rights or federal law attorney.
Answered on Dec 18th, 2012 at 6:03 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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