is this legal and what should he do

This is a discussion on is this legal and what should he do within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; So my brother was at a jersey shore over the weekend. His two friends were walking back from the shore ...

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Old Aug 15th, 2009, 09:41 PM   #1
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Default is this legal and what should he do

So my brother was at a jersey shore over the weekend. His two friends were walking back from the shore at around 1230 am. On the way back they were stopped and citied for underage drinking. Once they were released they walked back to the house. While getting citied they over heard radio chat that someon threw rocks at a cop car. The subject wearing tan shorts. When they got back to the house the cops hopped the fence and went on the porch. They talked to the a the same kid who just got the underage on the way home whos house it was. They asked for everyone who is there to come outside. So he yeld in and everyone came out except my brother who was on the bed in the back room.
So then the cop pushed his way into the house and got to my brother. He arrested him on the spot for disorderly conduct and resisting arrest. They said he matched the profile even though he was in the house and wearing red shorts all night. He is 5 feet 10 inched and 165 poundes with brown hair he looks like everyone else. So they took him back to the station and added underage drinking with out asking him if he drank or take any test to prove it. also there is no proof that he was in the house all night since there was 4 kids, which 2 of them were at the beach at the time and the other was sleeping
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Old Aug 16th, 2009, 11:26 AM   #2
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Default Re: is this legal and what should he do

[also there is no proof that he was in the house all night since there was 4 kids]

That should resolve it then no?

It is not illegal for the cops to act a bit in haste (unfortunately) but the arrest will be worth nothing if you have proof the boy could not have done it.
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Old Aug 16th, 2009, 12:28 PM   #3
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Default Re: is this legal and what should he do

Hold that cop accountable. Get a lawyer and have that thrown out!! It would seem there was no good reason for that arrest,


---Iowa mom who's been there.
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