Recent content by LawGirl10

You are lying

Bad search

I don't know what statue CA uses, but I would think they should have a statute that covers minor consuming instead of just minor in possession. Some states have a statute that specifically covers consuming.

Turn yourself in either way, but you might want to still try to contact them anyway before you do so. Call them to make sure you don't have a "failure to appear" attached to your warrant (even if you don't think you do, check anyway, many times people do and don't realize it). If, for some...

Troll #5,285

Basically, just keep trying to work with the police, document everything and start recording whatever they do to you or your property with a video camera. However, try to stay out of confrontational situations with them. Sooner or later they are going to put you into a situation where you will...

The appellate argument went very well. I kicked ass!!! The judges were very pleased. It consisted of part emotion but mainly the analysis of a large amount of law that actually exists, not made up law and stuff like that. As to the mental health comment, no, I don't think it is silly at all...

I've been up all day doing a practice appellate argument and helping a friend with a trial. I'm seriously too tired right now to read or respond to yet another one of your incessant rants. Please seek the appropriate mental health assistance as soon as possible. You sound like you really...

Wow...Two questions. Was the violation one that allows them to make a custodial arrest (i.e., in their statutes, is it an arrestable offense that allows the officer to take you into custody and take you to jail, or is it an offense that only allows them to give you a citation and release you)...

I wholeheartedly agree. ;)

Probable cause does not enter into it. The only issue is custody (and then, interrogation). It is a highly specific fact inquiry and the officer's subjective beliefs don't enter into it. The test whether a reasonable person (not just you) in the position of the suspect would believe they were...

I understand why you are thinking this, but no, even if the officer has probable cause to arrest, he does not have to Mirandize you unless he arrests you (or equivalent of custody) AND he interrogates you. If both are not present, Miranda is not required. The case law from the U.S. Supreme Court...

Yeah, I still get a kick out of that.

Misinformation meter stays the same. An arrest requires probable cause, in New York city and every other place in America. Just because a citizen made a complaint does not mean probable cause is present. If, however, you meant to imply that the thing reported is actually determined by the...