I’m locked up!!! Help me beat the case…

[guids]

Does it matter though if it is non-arrestable? I honestly have no idea? I thought though, that basically, even the littlest thing can justify probably cause (riding a bike, at night with no reflectors)? Also, what do you mean they can check for weapons (pat you down), but not search your person? whats the diff?

[danvh]

If it wasnt littering, it would be disorderly conduct or something.. My roomate is a cop. Ive asked, if they think you are breaking the law, there are tons of way for them to prove it. Littering happened to be this way.

You did something illegal..Got caught..It happens. I believe on this site its refered to as varience.

[pa3lsvt]

From reading your story (twice now), it doesn't sound like you were arrested for littering. Even so, that fact is irrelevant. Anyone who has ever spoken to a drunk knows they smell like Milwaukee or Lynchburg. That cop was busting your balls, but the fact that you likely reeked of alcohol is probable cause enough for any court in the nation. You have no shot with a "lack of probable cause" argument. Take your punishment like a man.

P.S. In PA, crimes classified as less than misdemeanors (i.e. traffic tickets, curfew violations) are "summary offenses".

[yad]

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guids,

the class of crime below misdemeanor is called a violation

[/ QUOTE ]

true. unfortunately the supreme court recently ruled that the cop can arrest you and dump you in jail until you post bail even for a violation. the case the court heard involved some woman who was pulled over for not wearing her seatbelt. she was arrested and had to spend the weekend in jail. don't know what happened to her kids that were in the car at the same time. supreme court ruled that this is legal.

[Annorax]

[ QUOTE ]
Does it matter though if it is non-arrestable? I honestly have no idea? I thought though, that basically, even the littlest thing can justify probably cause (riding a bike, at night with no reflectors)? Also, what do you mean they can check for weapons (pat you down), but not search your person? whats the diff?

[/ QUOTE ]

In case you haven't noticed, the cops aren't expected to memorize multiple penalty systems, and thus aren't expected to know that littering can be handled without wasting hours of his time on paperwork by simply giving you a ticket that you can't fight?

If I was the cop, I'd have hit him in the knees with my nightstick and made him find the garbage.

[theweatherman]

[ QUOTE ]
Does it matter though if it is non-arrestable? I honestly have no idea? I thought though, that basically, even the littlest thing can justify probably cause (riding a bike, at night with no reflectors)? Also, what do you mean they can check for weapons (pat you down), but not search your person? whats the diff?

[/ QUOTE ]

Where is the probable cause for search in riding a bike at night?

When a cop pats you down he feels for weapons in you clothing. Seaching involves looking at what you have in your pockets. IE a cop cant open your wallet unless he has cause to search you, not merely if he is checking you for weapons

[theweatherman]

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Why is littering not probable cause for him to get searched.

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Why is it? In NY it would be a violation, non arrestable. Cops are allowed to check you for weapons (IE pat you down) but not search your person.

If you are arrested you are obviously open to search.

Legally they cant do anything even if they feel a bag of pot in your pockets. In teh real world cops do whatever the [censored] they want because it is your word against theirs.

This is my understanding taken from what I have been told by my father (a NY state trooper)

[/ QUOTE ]

Fair enough. Is this a bad thing for a society that wants to be safer?

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Yes. Saftey at the expense of personal rights is a terrible thing.

[SackUp]

Get a lawyer.

Why is this not the obvious answer for everyone??

[FortunaMaximus]

[ QUOTE ]
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Why is littering not probable cause for him to get searched.

[/ QUOTE ]

Why is it? In NY it would be a violation, non arrestable. Cops are allowed to check you for weapons (IE pat you down) but not search your person.

If you are arrested you are obviously open to search.

Legally they cant do anything even if they feel a bag of pot in your pockets. In teh real world cops do whatever the [censored] they want because it is your word against theirs.

This is my understanding taken from what I have been told by my father (a NY state trooper)

[/ QUOTE ]

Fair enough. Is this a bad thing for a society that wants to be safer?

[/ QUOTE ]

Yes. Saftey at the expense of personal rights is a terrible thing.

[/ QUOTE ]

Yeah, you're right about that. You ain't the only guy 'round these parts with cop relatives. Street beat cops usually have a better read on the situation, and make judgment calls that have f-all to do with what they learned at an academy.

Wrong or right, he had the kid pegged as up to no good. FFS, it's not like the cop was gonna rack him and put him away for 5 years. Tryin' to teach him a lesson maybe?

You get drunk a bit, you litter a bit, you're feelin' snarky, what do you generally do next... Damage some personal property perhaps?

[NLSoldier]

Next time dont be a litter bug.