Daytona Beach Patrol Arrest

Breakout · March 26th, 2007, 04:11 PM

My girlfriend was walking on the beach with some friends. She was passing by a few adult males that were throwing a football around. One of the adult males through the football in a manner that hit one of the girls in the face. My girlfriend then procedes to take the football and not give it back since the incident was intentional in manner. The adult male continues to follow my girlfriend and her group of friends down the road, and at one point, grabs my girlfriend by the shoulder and attemps to turn her around. My girlfriend screams and flags down the beach patrol. My girlfriend explained the situation to the officer, and he got both sides of the story. There were witnesses to the incident that included my girlfriend's friends and the adult male and his girlfriend. No one wanted anything to escalate to a point to which anyone received any repromand or citations. As my girlfriend attempted to show the beach patrol officer where the adult male actually touched her (which was in the shoulder), the officer grabbed her right wrist, twisted her arm. My girlfriend tried to explain to the beach patrol officer that she was just showing where the adult male touched her, to which the beach patrol officer commented, "stop resisting". My girlfriend then tried to get her arm in a comfortable position since it was in a unnatural position and it was painful. That's when the beach patrol officer put her arms behind her back and placed my girlfirend against the car and told her that she was under arrest. There was no city or county officials at the scene at any point during this incident. At no point in time were the miranda rights read to my girlfriend to signify that she was under arrest, nor was she asked if she knew what she was actually arrested for. The handcuffs themselves were placed too tightly on my girflriend's wrists. When she tried to even get one hint out that the handcuffs were extremely tight and painful, the official immediately put my girlfriend in the back seat of the patrol truck and proceded to write up paperwork and look at the records of the individuals involved. He also got statements from the other witnesses. My girlfriend has no record of any criminal activity. The only thing she has received citations for are moving vialations (speeding) on roads and/or highways. The beach official only took verbal statements of the witnesses, no written statements were taken. By now, a good half hour has passed (not sure of the actual time that went by) in the back seat of the patrol car. The beach official took my girlfriend to the front of the car. Before he removed the handcuffs, he asked if my girlfriend "was going to fight anymore". Then the official made my girlfriend sign a "charging affadavit" and released her from custody. She has a mandatory court appearance and didn't explain anything further and released my girlfriend to her vehicle. After, the official asked my girlfriend to grab the girl who got hit in the face. The girl that got hit in the face gave her side of the story including how my girlfriend was just trying to show the officer where the adult male had grabbed my girlfriend on her arm. The beach patrol officer mentioned that "[they] never told him that's what [they] were doing". The girl that got hit in the face mentioned that "yeah...we were trying to eplain, but then you arrested her". He had no further comment.

My questions are as followed:
Was all of this justified?
What is my girlfriend actually going to court for?
Did the beach patrol have authority to take the action he did?
Were the rights of my girlfriend violated?
Did the beach patrol officer step out of line at any point?

GreenFaleen · March 26th, 2007, 04:22 PM

Sue fast and hard that is BS and a over zealous cop who thinks he has to much power.

Breakout · March 26th, 2007, 04:34 PM

Yeah...I dunno. I may be able to sue if it could be considered as false arrest. Obviously the officer felt like he was in a hostile situation. I'm not saying that makes it right...but I guess we will just have to see

MicronXD · March 26th, 2007, 04:38 PM

Originally Posted by GreenFaleen

Sue fast and hard that is BS and a over zealous cop who thinks he has to much power.

+ fuckin 1.... if he weren't a cop... someone probably woulda already killed him... what a fuckin asshole..... are ur girlfriend's wrists bruised? if so take pix... dude that asshole cnt do that as far as i know.... unless ur gf had a joint hangin out her mouth or some shit... lol

I fuckin h8 cops

Breakout · March 26th, 2007, 04:42 PM

Here's what one individual surmised that actually knows beach patrol officers. I'm not saying this makes him a pro at the situation, but it sheds some light. This is from another forum that I posted on:

Due they have the same rights as standard non-beach officers. Yes. They can arrest you for any offense committed on the beach itself. If is larger then say fighting, drinking etc then standard LEO's will be called.

"Her arm not being in a comfortable position", thats the point. It isn't supposed to be comfortable for her but allow the officer to have control over that person. ANY movement against what the officer is wanting you to do "could" be taken as fighting back or resisting.

It also sounds like this LEO wasn't going to take any crap either way and was unwilling to listen totally. His thought process was "I'll write it up and let the court deal with it." You can see this by him not taking her to the station and taking the time to write up a report, but simply do one in the field and give her a summons to appear.

Explaining things to him after th fact wouldn't change anything. He was done and that was that.

The summons should have the offense and what she is supposed to attend court for. Also, as far as her Miranda rights. It will be her word against his that they were not said. He could have said them in the car when no one could hear. Just guessing though what he might say.

She wont pull any time, get a fine and court costs and that will be it. Plead Nolo Contendiary and be done with it. It will cost more in the end for an attorney.

Is it right, no. Will it go on her record. Yes, but in some cases it's the easier way out. The judge will have tons of cases on the books and is not willing for your GF to parade in 5 people to explain what happened.

So, pleading no contest isnt saying she did or didnt.

Breakout · March 26th, 2007, 04:44 PM

If anyone knows of any cops and/or beach patrol officers on here, pm them and see if they may know. that would be some major help. I doubt there are any cops on a performance mustang website, lol.

MicronXD · March 26th, 2007, 04:44 PM

did she have a gun sittin on her shoulder? dude... that's F'n messed up... I'm sure u could get the beach patrol guy a suspension or some shit... dude... damn.. fuckin cops.. assholes

Breakout · March 26th, 2007, 04:46 PM

she's anti guns and anti drugs...lmao. and i know her well enough that she wouldn't intentionally disrespect authority at any level let alone enough to get arrested for disorderly conduct

MicronXD · March 26th, 2007, 04:48 PM

Originally Posted by breakout831

If anyone knows of any cops and/or beach patrol officers on here, pm them and see if they may know. that would be some major help. I doubt there are any cops on a performance mustang website, lol.

lol i'm sure there are some cops on MM.... but i h8 cops...

232stang · March 26th, 2007, 06:17 PM

who cares if an attorney costs more. that means her clean slate has onions on it. not good. fight that shit. it was unjustified, too bad its hard to be a vigilante against authority.

coreysr5 · March 26th, 2007, 06:22 PM

im not trying to justify what they did, but she shouldnt have taken the football. if someone just took my football and started walking away, i would approach them. im not saying what they did after that was right, but she shouldnt have walked away with their football. its their property.

BWAL · March 26th, 2007, 06:34 PM

Originally Posted by breakout831

If anyone knows of any cops and/or beach patrol officers on here, pm them and see if they may know. that would be some major help. I doubt there are any cops on a performance mustang website, lol.

i know there is a guy on here named amphibrecon (or something very close to that)

shoot him a PM and ask him about it

232stang · March 26th, 2007, 06:39 PM

Originally Posted by coreysr5

im not trying to justify what they did, but she shouldnt have taken the football. if someone just took my football and started walking away, i would approach them. im not saying what they did after that was right, but she shouldnt have walked away with their football. its their property.

i wouldve thrown it in the water if they did it on purpose

coreysr5 · March 26th, 2007, 06:45 PM

i doubt they did it on purpose. but if they did, i would have punched them in the face. it doesnt say in the story that it was on purpose, sounds like an accident to me.

Tony_90fox · March 26th, 2007, 06:50 PM

Dude, i got arrested a few months ago at a college party...The cops were disrespectful as hell. A few of them kept lifting up my shirt sleeves and asking "where are the heroin scars?"

"Haha, they wouldnt be there because i dont do any drugs...i dont even smoke cigs." is all i replied...

I really have no respect for cops except for a couple in my home town.

I think there is some way she could get out of the court thing, but as far as the cop putting hand cuffs on so tight and shit, well, they always do that. Hope it turns out better than my situation!

GreenFaleen · March 26th, 2007, 07:23 PM

If he forcefully put her hands behind her back and cuffed them without tell her to do so first it is police brutality. You have to first tell them they are under arrest, and ask for them to put there hands in a submissive position, thats why on COPS even when they are on the ground fighting they still say "put your hands behind your back" fist.

FaStStAnG5-0 · March 27th, 2007, 09:28 AM

first off, she has to be read her rights, second the officer has to tell her what she was being arrested for.. i would definately get a lawyer, gather up all her friends that witnessed the incident, make sure the lawyer knows that her rights were not read to her & then let the lawyer push for it... she could probably end up with a misdemeanor or something if she pleads no contest to the charges.. i would never just let something like this go without a good fight... it is definately worth hiring a lawyer & it is definately in your girlfriend's best interest to fight this..

DaemonJ · March 27th, 2007, 11:03 AM

Without question you and your girlfriend need to contact an attorney immediately.

Cricket · March 27th, 2007, 11:29 AM

Originally Posted by FaStStAnG5-0

first off, she has to be read her rights, second the officer has to tell her what she was being arrested for.. i would definately get a lawyer, gather up all her friends that witnessed the incident, make sure the lawyer knows that her rights were not read to her & then let the lawyer push for it... she could probably end up with a misdemeanor or something if she pleads no contest to the charges.. i would never just let something like this go without a good fight... it is definately worth hiring a lawyer & it is definately in your girlfriend's best interest to fight this..

+1 Also whenever a teenager hires an attorney it means more to the judge than most people think. The fact that a teen went through with it, and means business shows that maybe there is something to this persons side.

DragonFreak · March 27th, 2007, 01:44 PM

yea i wouldnt let it go on her record for not doing nothing...unless there is more to the story that we dont know but still id fight it like hell

March 26th, 2007, 04:11 PM	#1
Breakout Tree Fiddy Z 2006 Nissan 350Z Join Date: Dec 2006 Location: Central Florida Posts: 2,031 iTrader: 0 reviews	Daytona Beach Patrol Arrest My girlfriend was walking on the beach with some friends. She was passing by a few adult males that were throwing a football around. One of the adult males through the football in a manner that hit one of the girls in the face. My girlfriend then procedes to take the football and not give it back since the incident was intentional in manner. The adult male continues to follow my girlfriend and her group of friends down the road, and at one point, grabs my girlfriend by the shoulder and attemps to turn her around. My girlfriend screams and flags down the beach patrol. My girlfriend explained the situation to the officer, and he got both sides of the story. There were witnesses to the incident that included my girlfriend's friends and the adult male and his girlfriend. No one wanted anything to escalate to a point to which anyone received any repromand or citations. As my girlfriend attempted to show the beach patrol officer where the adult male actually touched her (which was in the shoulder), the officer grabbed her right wrist, twisted her arm. My girlfriend tried to explain to the beach patrol officer that she was just showing where the adult male touched her, to which the beach patrol officer commented, "stop resisting". My girlfriend then tried to get her arm in a comfortable position since it was in a unnatural position and it was painful. That's when the beach patrol officer put her arms behind her back and placed my girlfirend against the car and told her that she was under arrest. There was no city or county officials at the scene at any point during this incident. At no point in time were the miranda rights read to my girlfriend to signify that she was under arrest, nor was she asked if she knew what she was actually arrested for. The handcuffs themselves were placed too tightly on my girflriend's wrists. When she tried to even get one hint out that the handcuffs were extremely tight and painful, the official immediately put my girlfriend in the back seat of the patrol truck and proceded to write up paperwork and look at the records of the individuals involved. He also got statements from the other witnesses. My girlfriend has no record of any criminal activity. The only thing she has received citations for are moving vialations (speeding) on roads and/or highways. The beach official only took verbal statements of the witnesses, no written statements were taken. By now, a good half hour has passed (not sure of the actual time that went by) in the back seat of the patrol car. The beach official took my girlfriend to the front of the car. Before he removed the handcuffs, he asked if my girlfriend "was going to fight anymore". Then the official made my girlfriend sign a "charging affadavit" and released her from custody. She has a mandatory court appearance and didn't explain anything further and released my girlfriend to her vehicle. After, the official asked my girlfriend to grab the girl who got hit in the face. The girl that got hit in the face gave her side of the story including how my girlfriend was just trying to show the officer where the adult male had grabbed my girlfriend on her arm. The beach patrol officer mentioned that "[they] never told him that's what [they] were doing". The girl that got hit in the face mentioned that "yeah...we were trying to eplain, but then you arrested her". He had no further comment. My questions are as followed: Was all of this justified? What is my girlfriend actually going to court for? Did the beach patrol have authority to take the action he did? Were the rights of my girlfriend violated? Did the beach patrol officer step out of line at any point?

March 26th, 2007, 04:22 PM	#2
GreenFaleen MM's Resident Ricer 2006 Scion tC 13.001@113 Join Date: Nov 2006 Location: Raleigh/Lenoir, NC Posts: 9,906 Blog Entries: 2 iTrader: 1 reviews	Sue fast and hard that is BS and a over zealous cop who thinks he has to much power. __________________ Scion Tc Turbo - 9psi 297whp 287wtq 2500lbs :p MM 4 Banger club: Senior Ricer NCMM #9 "Horsepower sells cars, torque wins races." -Carroll Shelby

March 26th, 2007, 04:44 PM	#7
MicronXD Enthusiast Join Date: Sep 2006 Location: In my command center! <br> PH34R M3!!! Posts: 527 iTrader: 0 reviews	did she have a gun sittin on her shoulder? dude... that's F'n messed up... I'm sure u could get the beach patrol guy a suspension or some shit... dude... damn.. fuckin cops.. assholes __________________ Official MM Zeppelineers. Crew member #6 - Chief Petty Officer

March 26th, 2007, 06:22 PM	#11
coreysr5 Regular 2002 mustang v6 Join Date: Feb 2007 Location: Rogers, AR/Anaheim, CA Posts: 300 iTrader: 0 reviews	im not trying to justify what they did, but she shouldnt have taken the football. if someone just took my football and started walking away, i would approach them. im not saying what they did after that was right, but she shouldnt have walked away with their football. its their property. __________________ mach 1abee

March 26th, 2007, 06:45 PM	#14
coreysr5 Regular 2002 mustang v6 Join Date: Feb 2007 Location: Rogers, AR/Anaheim, CA Posts: 300 iTrader: 0 reviews	i doubt they did it on purpose. but if they did, i would have punched them in the face. it doesnt say in the story that it was on purpose, sounds like an accident to me. __________________ mach 1abee

March 26th, 2007, 04:34 PM	#3
Breakout Tree Fiddy Z 2006 Nissan 350Z Join Date: Dec 2006 Location: Central Florida Posts: 2,031 iTrader: 0 reviews	Yeah...I dunno. I may be able to sue if it could be considered as false arrest. Obviously the officer felt like he was in a hostile situation. I'm not saying that makes it right...but I guess we will just have to see

March 26th, 2007, 04:42 PM	#5
Breakout Tree Fiddy Z 2006 Nissan 350Z Join Date: Dec 2006 Location: Central Florida Posts: 2,031 iTrader: 0 reviews	Here's what one individual surmised that actually knows beach patrol officers. I'm not saying this makes him a pro at the situation, but it sheds some light. This is from another forum that I posted on: Due they have the same rights as standard non-beach officers. Yes. They can arrest you for any offense committed on the beach itself. If is larger then say fighting, drinking etc then standard LEO's will be called. "Her arm not being in a comfortable position", thats the point. It isn't supposed to be comfortable for her but allow the officer to have control over that person. ANY movement against what the officer is wanting you to do "could" be taken as fighting back or resisting. It also sounds like this LEO wasn't going to take any crap either way and was unwilling to listen totally. His thought process was "I'll write it up and let the court deal with it." You can see this by him not taking her to the station and taking the time to write up a report, but simply do one in the field and give her a summons to appear. Explaining things to him after th fact wouldn't change anything. He was done and that was that. The summons should have the offense and what she is supposed to attend court for. Also, as far as her Miranda rights. It will be her word against his that they were not said. He could have said them in the car when no one could hear. Just guessing though what he might say. She wont pull any time, get a fine and court costs and that will be it. Plead Nolo Contendiary and be done with it. It will cost more in the end for an attorney. Is it right, no. Will it go on her record. Yes, but in some cases it's the easier way out. The judge will have tons of cases on the books and is not willing for your GF to parade in 5 people to explain what happened. So, pleading no contest isnt saying she did or didnt.

March 26th, 2007, 04:46 PM	#8
Breakout Tree Fiddy Z 2006 Nissan 350Z Join Date: Dec 2006 Location: Central Florida Posts: 2,031 iTrader: 0 reviews	she's anti guns and anti drugs...lmao. and i know her well enough that she wouldn't intentionally disrespect authority at any level let alone enough to get arrested for disorderly conduct

March 26th, 2007, 06:50 PM	#15
Tony_90fox Banned Join Date: Jun 2006 Location: Bowling Green, KY Posts: 3,831 iTrader: 0 reviews	Dude, i got arrested a few months ago at a college party...The cops were disrespectful as hell. A few of them kept lifting up my shirt sleeves and asking "where are the heroin scars?" "Haha, they wouldnt be there because i dont do any drugs...i dont even smoke cigs." is all i replied... I really have no respect for cops except for a couple in my home town. I think there is some way she could get out of the court thing, but as far as the cop putting hand cuffs on so tight and shit, well, they always do that. Hope it turns out better than my situation! __________________ [SIGPIC][/SIGPIC] [B][U]MM Sapper Squad[/U][/B] [QUOTE=Regency 2007;1676187]MSO's stupidity has never stopped amazing me since the day he joined this forum.[/QUOTE]

March 26th, 2007, 07:23 PM	#16
GreenFaleen MM's Resident Ricer 2006 Scion tC 13.001@113 Join Date: Nov 2006 Location: Raleigh/Lenoir, NC Posts: 9,906 Blog Entries: 2 iTrader: 1 reviews	If he forcefully put her hands behind her back and cuffed them without tell her to do so first it is police brutality. You have to first tell them they are under arrest, and ask for them to put there hands in a submissive position, thats why on COPS even when they are on the ground fighting they still say "put your hands behind your back" fist. __________________ Scion Tc Turbo - 9psi 297whp 287wtq 2500lbs :p MM 4 Banger club: Senior Ricer NCMM #9 "Horsepower sells cars, torque wins races." -Carroll Shelby

March 27th, 2007, 09:28 AM	#17
FaStStAnG5-0 Hardcore Enthusiast Join Date: Jul 2006 Location: Mooresville, NC Posts: 1,222 iTrader: 0 reviews	first off, she has to be read her rights, second the officer has to tell her what she was being arrested for.. i would definately get a lawyer, gather up all her friends that witnessed the incident, make sure the lawyer knows that her rights were not read to her & then let the lawyer push for it... she could probably end up with a misdemeanor or something if she pleads no contest to the charges.. i would never just let something like this go without a good fight... it is definately worth hiring a lawyer & it is definately in your girlfriend's best interest to fight this.. __________________ http://www.cardomain.com/ride/2461223 1994 GT: MSD 6AL, BBK O/R H-Pipe, Dynomax Race Bullet mufflers, 3:73 rear, Hurst Short Shifter, MAC cold air intake & much more coming soon!

March 27th, 2007, 11:03 AM	#18
DaemonJ Enthusiast Join Date: Jan 2007 Location: Cookeville, TN Posts: 531 iTrader: 0 reviews	Without question you and your girlfriend need to contact an attorney immediately.

March 27th, 2007, 01:44 PM	#20
DragonFreak Regular Join Date: Aug 2006 Location: Virginia Posts: 418 iTrader: 0 reviews	yea i wouldnt let it go on her record for not doing nothing...unless there is more to the story that we dont know but still id fight it like hell

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