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The cops in my city are getting sued!!

Discussion in 'Off Topic [BG]' started by Bad Brains, Jun 1, 2005.

  1. Bad Brains

    Bad Brains Inactive

    Jan 7, 2004
    Detroit, michigan
    And it's about time. It was all over the news today that over the weekend a St. Clair Shores police officer (Detroit suburb) arrested a 19 year old kid who was sitting in a parked car at a 7-11 because he was drunk. The driver was inside buying something.

    Turns out the kid drank legally in Canada, and since he wasen't driving or in posession of any alcohol he is now sueing the poilce for false imprisonment. This is great, I totally applaud this kid, I hope they milk the police department for as much money as possible.

    And I hope they fire the officer. What kind of cop arrests a 19 year old LEGAL adult just for sitting in a car while the driver goes inside to buy something just for being drunk anyways? That's sad.
  2. I may be wrong...but drinking legally in Canada, and being underage and drunk in the US are two separate issues. I believe the charge is Public Intoxication...and it can be assessed to anyone no matter what age.

  3. Basschair

    Basschair .............. Supporting Member

    Feb 5, 2004
    Stockton, Ca


    That's what I was thinking as well. If the guy was really just sitting there, bugging no one, just being drunk, then it's pretty lame for an officer to bust him. If it's a civil suit, he could very well sue him for being lame. Still, technically, if there's a law on the books where regardless of age or location of imbibement, you can't be drunk in public...hmmmm.
  4. DaveDeVille

    DaveDeVille ... you talkin' to me ??

    dat's true ...{ to me , 19 is still a kid ... i'm an old fart .}

    how did the policeman know the kid was drunk in
    the first place ?
    was the kid in the car , or standing outside , being drunk in public ?
  5. mwm70


    Oct 27, 2004
    Just what we need is a frivolous lawsuit tying up the court system and wasting our tax dollars. Sad trully sad.
  6. nonsqtr

    nonsqtr The emperor has no clothes!

    Aug 29, 2003
    Burbank CA USA
    Seems to me, the legal issues boils down to a question of "adequate suspicion". Cops don't need a warrant to stop someone or enter someone's premises, if they have adequate reason to believe that a crime is being committed (or has been committed). Police in the inner city have a pretty wide leeway in that regard. Police in the 'burbs tend to be a little more respectful.

    Once I was sleeping in my car, outside a house in Riverdale, which is a pretty nice section of NY. I was too drunk to drive, I was just catching a couple of Z's while the booze wore off. The cops banged on the window, and as soon as they realized what was going on, they said, "aw, he's just trying to sleep it off, leave him alone". I don't believe I would have gotten such amazing courtesy in the inner city. The 41st Precinct would have had me downtown in no time.

    There's a pretty fine line in some of these cases. However I don't believe any judge is going to fault those cops for doing their jobs. I'd be pretty amazed if there were a financial verdict in this case.
  7. tekhna


    Nov 7, 2004

    What don't you actually address the issue at hand, and not spit out verbatim lines?

    There must have been some probable cause for arrest, and if there was then this lawsuit will turn out to be nothing. If the police are acting unlawfully, then that is a different story. It is however, illegal for a minor to be intoxicated unless at least here in Minnesota it is at home with parental approval. I believe Wisconsin has a similar law.
  8. mwm70


    Oct 27, 2004
    What are you talking about?

    I know if you are drunk in public where I live you can be locked up because it is illegal. The drinking age is 21 here not 19. If you break the law, be a man and except the consequences don't blame someone else then sue them for your decision. My point was it is a b.s. case that wastes everyone's time and money. Hopefully it won't get that far and if it does the judge will laugh and toss it out.
  9. [QUOTE What kind of cop arrests a 19 year old LEGAL adult just for sitting in a car while the driver goes inside to buy something just for being drunk anyways? That's sad.[/QUOTE]

    That cop may have saved that kids life. :rollno:
  10. tekhna


    Nov 7, 2004

    What I am talking about is the "frivolous lawsuit" bit. That is just meaningless party line. Think for yourself. As for being drunk in public, he was in a car that was not in motion, and not driving. In a car is not public space, and the police needed probable cause.
    Not knowing the details any further than that, I would say he probably has grounds for illegal imprisonment.
  11. Against Will

    Against Will Supporting Member

    Dec 10, 2003
    Big Sound Central
    Except he wasn't drunk in public, he was drunk in a parked car. If he was shouting at other people or otherwise harassing them it's different. But if he's just there minding his own business, then the cop has better things to do.

    And how did he save his life? He wasn't driving.
  12. PunkerTrav


    Jul 18, 2001
    Canada & USA

    If the guy was "just sitting" in the car, the officer would have probably drove right by wihtout even thinking about talking to him, let alone arresting him. This guy was obviously doing something that gave the officer due cause to talk to him, then arrest him. Or maybe not, maybe he was just patrol the area and randomly talking to people, in which case this guy, assuming public intoxication is a crime in that state, was breakign the law.
    Either way, this lawsuit is a waste of his time and money.

    I'm not exactly sure of the laws in that state but around here if you are publicly intoxicated they'll hit you with public intoxication. It's as simple as that.

    EDIT: From some responses it seems that in your neck of the woods a car isn't considered public space. Around here if the car is in a public space then it is, so I guess that changes my opinion of the whole thing greatly.
  13. bassmonkeee


    Sep 13, 2000
    Decatur, GA
    "Party Line?!?" :rollno: What are you talking about?

    I love when people with no idea about the law start giving legal opinions. What makes you think the police didn't have probable cause? Would you like to explain what "probable cause" is?

    Oh, and if you are going to use words like "verbatim," you might want to learn to use them correctly.

    And, BadBrains--I hope you are as happy with this kid "milking the police department for as much money as possible" the next time you need help, and their response time is horrific because of budget cuts.

    This will never go to court, anyway. The kid has no case. US citizens are expected to follow US law even when they are in a foreign country. So, if it's illegal for him to be drunk in the US, guess what? It's illegal for him to be drunk in Canada--regardless of Canadian law. Just like it's illegal for Americans to have sex with underage kids in foreign countries, even if the laws there don't prohibit it. So, his "I got drunk in Canada" defense doesn't have any legal standing.

    But, you know, you kids have fun sticking it to the man. :rolleyes:
  14. Toasted


    May 26, 2003
    Leeds, UK
    Yeah, so your police force will be even more underfunded, and you can have less officers, that are not as well equiped protecting your neighbourhood.

    Hey, no need to be cranky about it, the cop was just doing his job, I'm glad you want to ruin his life for that, next time your bag boy at your supermarket doesn't pack your goods in reverse alphabetical order, how about you sue him and get him fired too?

    The teen was just 'sitting in the car?' Well how come the cop realised from outside the car that he was drunk? Sounds like there's two sides to this story to me.

    This story is another example of U.S legislative culture gone mad. THATS the sad thing.
  15. Eric Moesle

    Eric Moesle Supporting Member

    Sep 21, 2001
    Columbus OH
    Get THIS story:

    Recently here in Columbus, OH two undercover cops were sitting in an unmarked vehicle outside of a nightclub, waiting to see potential underaged patrons go inside. They were in a private parking lot across the street. A parking lot attendant, a person of apparent middle-eastern decent wearing an orange vest and holding a flashlight with the typical "orange cone" attached to it, approached the unmarked police car and requested the standard $5 parking fee from the two cops.

    The cops said "your no parking attendant" then pulled their guns, arrested the attendant, handcuffing him, threw him in the back seat, then drove him around for almost an hour. They dropped him off in an alley behind a vacant building and told him to run. He was afraid they were going to shoot him in the back. He ran in fear of his life.

    The cops were cited by their superiors for a "paperwork error" for the "arrest". The justification of the two cops was that by being asked to pay the $5 parking fee, their cover would have been blown (pure BS, of course). Now there is a civil suit pending . . . guess where THAT one is going . . .
  16. tekhna


    Nov 7, 2004
    Can't refute ideas, so let's just attack a keyboard slip?
    I guess if I have no idea what I am talking about, I'll just quit pursuing my law degree. Thanks for informing me I have no clue what I am talking about. Given I am not involved in criminal law, I am doing international law. But that does leave me with a little bit of a clue. I would like to hear the other side of this story, as there has to be. Otherwise the kid would never have gotten arrested.
    Criminal law sucks so hard.
  17. bassmonkeee


    Sep 13, 2000
    Decatur, GA

    I agree with everything you said, except this. I can only assume you meant "judicial" culture since this has nothing to with the legislature. Even so, I doubt your insight into the US Legal system is based on anything more than the sensational cases the fine British press deems worthy of selling a paper, or two. Is it perfect? Of course not. Nothing that big can work as advertised. Is it as bad as you would like to believe? Of course not.
  18. bassmonkeee


    Sep 13, 2000
    Decatur, GA
    A keyboard slip? Yeah, okay... What ideas did you present that merited refuting?

    Based on your reaction to the "facts" here, you might want to consider studying harder.
  19. Toasted


    May 26, 2003
    Leeds, UK
    I know i didnt mean legislative, at all :) Well spotted. And my tabloid media sure loves sensationalism, but not as much as yours ;)
  20. bassmonkeee


    Sep 13, 2000
    Decatur, GA
    Heh--didn't one of your papers deem Saddam in his Undies front page material? :eyebrow:

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