QUESTION
Can I be arrested due to not wearing but underwares in a trench coat?
Asked on Oct 27th, 2013 on Litigation - Washington
More details to this question:
I was a passenger in a car where the driver was a friend of a friend I was going to see. The driver was stopped on base for speeding and when asked for identification, a gun clip was found in his dash and when they ran his priors he had no concealed weapons license and a restraining order that considered him arm and dangerous, I left my ID in my wallet at home as I was only going down the street to see my friend and he would take me to pick it up in the morning, I was arrested and questioned on my identity. I was not drunk, I did t know why I was handcuffed then, I was taken to the station and told I was being charged with disorderly conduct because I was wearing a trench coat dress, I was not naked I had a bra and panty on. I still searched they only found my phone, headphones and my house keys on me, they released me to myself once my friend came to get me. Then they arrested me again and still didn't read me my rights and took me and the driver to the station. Is that legal? No Miranda, and arresting me when I was not a danger to myself or them? They didn't take a written statement, no pictures, no finger prints but they're charging with disorderly conduct under Uniform Code of Military Justice because of my dress, and the assumption I was naked, which for searching purposes I was, but your supposed to wear a bra and underwear under a dress.
1 ANSWER
I am assuming you were "charged" under Article 134 on a prejudice to good order and discipline. Miranda is not an issue, unless there was an in custody questioning. Have you been offered an Article 15? If so you can of course refuse it and ask for a court-martial. I think the government would have tough time proving disorderly conduct from the facts you provide.
Answered on Oct 31st, 2013 at 8:10 AM