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-   Practical Travel Safety and Security Issues (https://www.flyertalk.com/forum/practical-travel-safety-security-issues-686/)
-   -   I got arrested this week at a checkpoint! (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/618629-i-got-arrested-week-checkpoint.html)

Fraser Nov 1, 2006 3:37 pm

God almighty. I'm astounded. Ridiculous!

tlglenn Nov 1, 2006 4:26 pm

This garbage won't stop until out-of-control government agents are themselves arrested and charged.

GUWonder Nov 2, 2006 2:13 am


Originally Posted by infinityplusone
Sadly, this stuff will not change whoever we have in office... having your president/congressperson/etc of choice in office will not change this.
From other threads you can see how many people have recv'd responses from their emails/letters/phone calls from their congresspersons, reps, etc. Very low response rate, means to me they do not really care.

To eastwest, please pursue this through legal channels.
IMO that is the only way injustices like this will change/stop.

They don't care, for the most part; and about those who do care, well, they don't really get it.

Rexly Nov 2, 2006 3:54 am

The ACLU might be another avenue to pursue
 
Dear EastWest ,
Best of luck, if/when you decide to take legal action. I don't know what the ACLU could do for you, but it seems like a phone call to them , among others, might grow out some good feedback from this fertilizer patch you went through.

christep Nov 2, 2006 6:44 am


Originally Posted by exerda
And in the OP's shoes, I would worry that the record of the arrest--even though the charges were dropped--could possibly jeopardize my current job and/or potential future employment elsewhere.

And, of course, travel to any country that applies the same visa-waiver rules as the USA is now significantly more hassle. (The US Visa Waiver programme is not available to anyone who has ever been arrested, even if not convicted of any offence.)

copwriter Nov 3, 2006 3:28 am


Originally Posted by tom911
Isn't this the current CA course? We had a bunch of officers that were referred to, when needed, as "11550 qualified", and had been sent off to a course for it.

http://ag.ca.gov/atc/content/drug_id...aa58c8f1f99332

As I mentioned, I went through the training a long time ago, but it involved a lot more than 36 hours of classroom. I had to do 50 "supervised" exams that were verified by lab tests before I was considered to be certified as a DRE. Had I been wrong, even once, I wouldn't have received the certification.

mikey1003 Nov 3, 2006 8:27 am

Did you get your ball back?

Gargoyle Nov 3, 2006 8:31 am


Originally Posted by mikey1003
Did you get your ball back?

It was several pages back in the thread. He got back all the bits of rubberband after they cut it in half, thereby ensuring our national security.

GoingAway Nov 3, 2006 8:32 am


Originally Posted by mikey1003
Did you get your ball back?

If that's to the OP -- he got to leave with a baggie full of cut rubber bands. They cut the ball open at the police station per his post.

us2 Nov 3, 2006 12:09 pm

I just stumbled on this thread and I am appalled at the treatment the OP received. I urge the OP to pursue this further by contacting legal counsel; this sounds on the face of it to be a clear case of false arrest and imprisonment.

This kind of egregious mistreatment is an affront to the Constitution and should not go unpunished.

se94583 Nov 5, 2006 1:53 am


Originally Posted by GUWonder
If someone on a powertrip gets away with such a thing once, the likelihood increases that they will become inured to arresting and jailing people on questionable bases and do it again with someone else.

I agree on this point. If this transpired as written, it smacks of the "law enforcement mentality" at work. It's not an issue of TSA policies or national politics. But your garden-variety loser-LEO's on a powertrip.

The only way to rectify such things is to toss it to the legal system.

SpaceCoastBill Nov 5, 2006 2:59 pm


Originally Posted by breny
If I had been in your shoes I would have demanded an attorney immediately. If it were me I would also pursue the issue vigorously. I understand you just want to get on with your life and fear for your job. However, the buckling under and meekly allowing the TSA and LEO to get away with this just makes the problem worse.

You were falsely arrested and falsely imprisoned. Tomorrow it could be your mother, father, sister, brother, child.


There is a wide misconception that asking or demanding a lawyer after your arrest will actually yield one. The fact of the matter is that the questioning will stop and you may be provided with a phone and phone book so you can find one you wish to call.

This only means you will not be asked any questions related to the crime..... but it wont stop any booking/fingerprinting process and holding you until your arraignment. When you are in Court, you can request an attorney at the expense of the state, after they have determined you eligibility on the basis of your lack of ability to pay for one yourself. This can be quiet a while after the arrest.

SpaceCoastBill Nov 5, 2006 3:04 pm


Originally Posted by exerda
And in the OP's shoes, I would worry that the record of the arrest--even though the charges were dropped--could possibly jeopardize my current job and/or potential future employment elsewhere. Best to seek a lawyer to have the arrest itself expunged.

Even better would be if a false arrest / imprisonment lawsuit was successful, because then if asked by someone, "Have ever been arrested?" you could not only say, "No / it was expunged," but also, "Not only was it expunged, but a court found the department liable for false arrest, too!"


You are not typically asked if you were arrested ... the question is usually were you convicted of a crime.....


Expungement is hard to do.... the computer systems are easy to enter info into, getting any info off is unlikely.

If you were arrested there is a high likelyhood it wont show up. On a conviction it will though. The only way arrestes typically show up is if you are booked into a county jail.

Arrests where you are released from the police department on your promise to appear (like something you sign) typically dont appear on criminal history records.

GoingAway Nov 5, 2006 3:06 pm


Originally Posted by billinaz
There is a wide misconception that asking or demanding a lawyer after your arrest will actually yield one. The fact of the matter is that the questioning will stop and you may be provided with a phone and phone book so you can find one you wish to call.

This only means you will not be asked any questions related to the crime..... but it wont stop any booking/fingerprinting process and holding you until your arraignment. When you are in Court, you can request an attorney at the expense of the state, after they have determined you eligibility on the basis of your lack of ability to pay for one yourself. This can be quiet a while after the arrest.

While I understand your post, I don't understand it's reference to the post you quoted. :confused:

You're talking about the booking process and getting an attorney - the post you quoted addresses the fact the OP was detained without cause for 12 hours, arrested on trumped up charges, etc. There is a question as to whether the LEO actually has the training to use the "flashlight" in the eyes to create sufficient cause for an arrest (other posters indicated those with training would've had more than just a flashlight to come up with that result and that there aren't that many officers out there with the appropriate training to even do that) and that the OP continued to be held when every reason they might have held him legally was shown to be false and bs.

What do the two posts have to do with each other? :confused:

christep Nov 5, 2006 6:43 pm


Originally Posted by billinaz
You are not typically asked if you were arrested ... the question is usually were you convicted of a crime.....

Not if you want to get into the USA you're not - any arrest (even were you to win a case of false arrest) makes you ineligible for the Visa Waiver programme.


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