Is this right??

[KBWAM]

What is the name of your state?What is the name of your state? Arizona
The other night my parents, good, law abiding, no criminal past whatsoever people were driving home after a President's Day trip to visit family along with my five sibling ranging in ages from 6ys.- 16 yrs. Everyone had fallen asleep except for my dad who was driving. He was pulled over in Globe, a town infamous for having bored cops, for speeding. My dad stepped out of the vehicle to talk to the officer for two reasons:1) he didn't want to wake my family who had school the next day and 2) for his pride. He always steps out of the vehicle to talk to officers. Well this cop told him to get in the vehicle and my dad said he could stand outside. The officer then proceeded to arrest my dad. My mom stepped out, a woman who is barely 5'4" and 125 lbs. She asked why my dad was being arrested and was told to get into the car. She said no, asked again why my dad was being arrested and was then told that she was arrested. My mom said she wasn't arrested because there was no reason for it when the cop slammed my mom against a cop car three times then arrested her, also. Neither of my parents fought against the cop, they're not the type of people to do so. But my mom was more reluctant than my dad because she didn't want to leave my siblings sitting in a van in a strange town. The clincher to this is that my dad wasn't even the one speeding, it was the guy next to him. The officer admitted this. But my parents were still arrested. Is this right?? What can be done?

 

[CdwJava]

He always steps out of the vehicle to talk to officers. Well this cop told him to get in the vehicle and my dad said he could stand outside. The officer then proceeded to arrest my dad.

It is NOT a good idea to make the cops nervous by defying their lawful orders. There are a myriad of reasons why an officer might want a subject to remain in the car. In a detention by the police, the subject being detained does NOT have the option to do what he wants and stand where he wishes. He stands where the officers say to stand ... or sit.

My mom stepped out, a woman who is barely 5'4" and 125 lbs. She asked why my dad was being arrested and was told to get into the car. She said no, asked again why my dad was being arrested and was then told that she was arrested.

Again, because she refused to comply with a lawful order.

The arrest for both these people was entirely avoidable. They could have complied with the officer's orders.

My mom said she wasn't arrested because there was no reason for it when the cop slammed my mom against a cop car three times then arrested her, also.

She doesn't have a right to say whether she is or is not arrested.

Neither of my parents fought against the cop, they're not the type of people to do so.

But they failed to comply with a lawful order ... an arrestable offense.

The clincher to this is that my dad wasn't even the one speeding, it was the guy next to him. The officer admitted this. But my parents were still arrested. Is this right?? What can be done?

He can hire a lawyer. Unless the officer can justify the detention, then the arrests would likely be tossed out.

But, if the officer says they weren't speeding, why did he stop them? I'm gonna take a wild guess that he's not going to admit to saying they didn't do anything in order to get stopped. Maybe the guys next to them were speeding "also"?

- Carl

 

[JarMow]

Carl's reply was right on the money. Getting out of the vehicle unless instructed to will almost always make the cop nervous and is never a good idea. Then, not following a lawful order from a police officer, thats not too bright either.