(CA) Need legal advice bout being arrested.....
November 20, 2015 I was driving to the airport in Oakland to pick up my brother from the air port. Castiel, (fake name for now) was driving and he had been drinking that day. He also didn't have a license. I had him drive my car because I was way to tired going on less than 4 hours of sleep. Poor judgement I know.
Anyways what happened was Castiel was pulled over for speeding. All we we figured what was gonna happen was that he would be given a ticket and I'd have to drive. That is not at all what happened.
The female police officer came to window (on the passenger side) and knocked with her flash light, and scared me half to death. I pull my window down and the first thing she says as I'm handing her our IDs is "Can we search you?" I thought she was talking to me so I said sure. She responded not you, him. Castiel consented to the search of himself. A few minutes later the lady cop returns and says "You said we could search you?" I say of course. She takes me out of the car and brings me to the last police car. There's 6 surrounding us at this point.
She does the standard "Is there anything on you that you shouldn't have like weapons or such?" "No I don't have anything on me."
She has me put my hands on my head and searches me. She notices Im shaking. I have anxiety. I have had anxiety since I was at least 16. I'm 23 now. She asks me "Why are you shaking so much?"
Right away I tell her "I have anxiety"
Next she takes my pulse. She pretends she cant find it. Her partner comes over and she asks him to do it. He says "126" She said "Yea, thats what I thought. Thats what I got." then she proceeds to advert her attention towards me. "Why is your pulse so high?"
"Probably because of my anxiety." I was answering honestly.
Then she does a test with my pupils where I keep my eyes shut then open and look over her shoulder while she shines a light into my eyes.
She then asks me "Have you dont any drugs lately?"
"I smoked weed this morning but Im not high anymore"
"Okay, Can we search your car?"
"No, I do not consent to that." She responds "Okay thats your right" Than gives me such a dirty look and walks away and leaves me with her partner. I didnt want to consent to search because I knew I have open containers in my trunk as well as weed, (less than a gram.)
A few minutes later she returns. "I think you're lying."
"Lying about what?"
"You're on other drugs besides weed."
"No im not"
"You're on meth"
"I have never done meth my entire life"
"Are you willing to consent to a drug test"
"Yea because Im not on meth"
"Put your hands behind your back, your going to jail for a little while."
"How long? My brother lands in 2 hours."
"8-12 hours."
I am then put into the back of the police car, Castiel joins me soon after and I watch them search my car. No one gave them consent to search the vehicle or anything in it.
And I was accused of being guilty of being on Methamphetamine with no evidence.
I was held for 10 hours.
My car was impounded, cost me 850.
And I can't start my job, until everything says that i am cleared, and I was suppose to start that Dec 7.
I feel like I was wronged and arrested for no reason.
This lost me close to 2 thousand dollars because of everything my brothers and I were suppose to do together that was not refundable.
I feel at a lost here and I have no idea what I should do.
I'm pretty positive that according to Proposition 47 I cant be arrested for looking like I'm high, especially if i can provide adequate information proving that I have an Anxiety Disorder.
I was taken advantage of by a force of police officers that used nothing but their own suspicions. That is all, suspicion. I honestly think that if you've read through all of this then you are probably thinking the same thing I am. If you (a real lawyer) can provide me with some kind of legal advice or help, that would be greatly appreciated.
Please provide proof of the fact that you are a certified, BAR exam passed lawyer.
Thank you for your time!
EDIT: This is a post i posted in several locations. You do not need to prove anything to me. lol I should have taken that out. But what I am being charged with is for being on meth.
Posted Dec 2, 2015, 11:28 PM UTC · edited