Re: Need HELP on Arrest

In article <1177881256.433340.224510@xxxxxxxxxxxxxxxxxxxxxxxxxxxx>,
"emankato1@xxxxxxxxx" <emankato1@xxxxxxxxx> wrote:

Hello all,
I would like some advice, opinions or suggestions in this situation:


TIMELINE:

- I'm self-Employed
- I went to a different city Saturday night, after I planned a
business trip to attend a Sunday 10am auction worth an estimated $5K
worth of income.
- Went out with some friends on Sat night
- Went out to nightclub
- Went outside for a smoke
- African American male approached me, chatted a little bit (I don't
recall what his name was) and gave a tiny bag that had some white
powder in it

He gave it to you? For free? Without you knowing what it is? And he
didn't tell you? I find this laughable, but I'll play along and assume
it is true.

- Went back inside when I felt the urge to use the bathroom
- Went inside bathroom stall locked the door and while I was peeing,
out of curiosity I opened the little bag and poured some powder in a
bill

Which is one of the most common ways of using cocaine. Cocaine is a
white powder. Coincidence?

- I heard someone saying from above "That's it you're done!" I looked
up and seen this security guy/bouncer peeking from the open top of the
bathroom stall

I'm glad to see the club has security and doesn't allow illegal drug use
inside their premises.

- I said "what are you doing? do you have any respect for privacy?"
- He said "Get out you're done! I could tell what you were doing from
the movement of your feet"

He probably could, if he has experience as a bouncer.

- I put the little bag back in my wallet and the bill in my pocket, I
put my pants up, buckled and I said "Ok, I'm leaving then"
- I unlocked the door went outside of the bathroom stall and he
grabbed my arm and won't let go

Which is what security guards are allowed to do when they see crimes
happen inside their establishments. It's commonly known as the
shopkeeper's privelege.

- He took me outside of the club and repeated that I had to hand him
my ID
- I started walking away when I got a chance to.
- A different club employee followed me outside of the club and
grabbed my arm took me back to the front door and he won't let me go

Allowable - see above.
- The first Bouncer (who peeked in bathroom stall) came, grabbed my
wallet and started searching it looking for my ID
- I reminded him that he is not a law enforcement agent and he doesn't
have the right to search my wallet, he ignored and continued searching
anyway asking "Where is your ID"
- I told him "No just give me my wallet back and I will give you my
ID"

Why should he have believed you, since you refused to cooperate with
them earlier?

- He did not give my wallet back

He doesn't have to. Actually, upon discovering the drugs inside, he
probably isn't allowed to.

- At that time 2 walking police officers came from across the street
and took the Wallet
- They found the little bag of white powder inside the wallet

Which gave them probable cause to arrest you. And when someone is being
arrested, the police are allowed to search you...

- They searched my pockets and found small amounts of marijuana inside
bags and 2 marijuana pipes packed in a cigarettes box

...Which makes this a legal search....
- Police seized My Wallet, The powder bag, the bill, Marijuana stuff
and Tadafil Pills (These I purchased off the internet, they were
advertised as generic sex enhancement pills, website requires no
prescription)

.... and this a legal seizure.

- They handcuffed me and took me to jail

Quite appropriately, from the facts you tell.

NOTE: I have not snorted or used the substance in anyway,

Probably irrelevant. Everywhere I know of, the possession of cocaine
and marijuana is illegal. You don't have to use it.

- The next day I called Bail Bond company
- My bail was $6K, I paid them about $600 to get out
- I missed Sunday's 10am Auction

Should have thought about that before going out with marijuana on you
and accepting the "white powder" from a stranger. Its no one's fault
but yours.

- I don't know as of today what the white powder was

It was packaged like cocaine, you kept it in your wallet in a way many
people keep cocaine, and you were going to ingest it the way people
ingest cocaine. You expect us to believe you didn't know what it was?

It might not even matter. In many places, you have to knowingly and
intentionally possess the substance - which you did. You don't have to
actually know it is a controlled substance.

- As this was the first time I have ever been arrested, in jail, I
suffered from shock, depression, anxiety and I did not eat much

No one's fault but yours. But you should seek out help for these issues.

- I started feeling heart palpitations that won't stop, I'm still
feeling them to this day, I will be seeing a doctor soon,

As you should.

I will be contacting a Lawyer soon:

You should, for the criminal charges you're facing, before you even
consider civil lawsuits!

- I would like to press charges against the Bouncer and officers for
breaching my Fourth Amendment right to privacy, making the drugs/white
powder illegally seized and unusable as evidence.

The fourth amendment only restricts government activity. A private
citizen, like a bouncer, is not constrained by the fourth amendment.
The police are, but it sounds like they had probable cause to arrest and
search you based on what the bouncers gave and told them.

- I would like to sue the Club and Bouncer for violating customers
privacy in bathroom stalls and searching my wallet without my
permission

Go ahead, but they could probably sue you for endangering their liquor
license and the safety of their customers and employees for bringing
drugs into their establishment.

- I would like to sue the Club and Bouncer for causing a financial
business loss (from missing a major business opportunity on Sunday)


They didn't cause you that loss. Your decision to possess marijuana
(and probably cocaine) did that. Accept responsibility for your actions
and stop blaming others.

- I would eventually sue the Club and Bouncer for causing possible
emotional and physical distress (after I see the doctor)

They didn't cause this distress.


Thank you for your support
.

Relevant Pages

  • Re: Need HELP on Arrest
    ... Which is one of the most common ways of using cocaine. ... wallet and started searching it looking for my ID ... They found the little bag of white powder inside the wallet ...
    (misc.legal)
  • Re: Need HELP on Arrest
    ... Which is one of the most common ways of using cocaine. ... wallet and started searching it looking for my ID ... They found the little bag of white powder inside the wallet ...
    (misc.legal)
  • Re: Need HELP on Arrest
    ... Went inside bathroom stall locked the door and while I was peeing, ... wallet and started searching it looking for my ID ... They found the little bag of white powder inside the wallet ...
    (misc.legal)
  • Re: Need HELP on Arrest
    ... recall what his name was) and gave a tiny bag that had some white ... powder in it ... I put the little bag back in my wallet and the bill in my pocket, ... wallet and started searching it looking for my ID ...
    (misc.legal)