Black While Walking

I have a legal question for the lawyers on here.
So I decided to take a walk near my parents house and come upon a flower shop I use to buy stuff from years ago. The big metal gates in front were open so I walked onto the premise to see if it were. This literally took under a minute, I saw that it was closed and continued walking. Thirty minutes later five cops surround me and ask what I was doing around there(affluent area) I said I was just goung for a stroll. They ask for my id and where I was from. I said for what I didn't do anything. They said I fit the description of a suspect that was called about by thr owner. I admitted to being there but the gates were open and there wasn't an obvious closed sign. They detained me and took my information anyway.
My fear now is if someone else does some dumb shit there will I be suspect?
Can I some how get my info back if I go with a lawyer?

 

I'm nowhere near being a lawyer,but you did the right thing by giving them your info. If not, they would have charged you with failure to I.D. and/or resisting arrest. I don't think you can get your info back,but just take it as a lesson learned.

The only questions you should answer are about your identification (name,d.o.b. address,age,social security #) anything else (where you going? Where you coming from? Where you work? Etc...) just lawyer up right there on the spot or invoke your right to remain silent. Don't let them intimidate you.

 

Honestly I don't know what lesson I'm suppose to take away from this. Be hyper paranoid at all times because any sudden movement can be mistaken as an attempt at criminal activity. It's so angering when you know you didn't do anything wrong. It wasn't like I hopped a fence the damn gate was wide open and its a business usually opened on Sunday. There were no signs saying that is was closed so the fact the cops were called and they took this shit seriously is annoying. I get they were doing their job but five cops one man dressed in running gear looks suspicious in the fucking burbs? Ridiculous

 

They should not have taken your ID from you without cause. It should have been returned to you after they let you go. If you got their names and badge number ask to speak with their superior officer to see if you can resolve it yourself before spending $ on a lawyer. As maddening and unfair as it is, keep your cool and be respectful when you speak with them.

 

If he said "I'm not giving you my I.D.",couldn't they hit him with disobeying a lawful order charge?

 

Yes, they could have charged him with a myriad of charges if he did not comply. TDK you may indeed be questioned in the future if something happens at that location. A good idea is to take the time to document your whereabouts and activities, so you will have exonerating proof if anything ever happens, unfair for sure, just the realities of the situation.

 

So should I just use my debit and credit cards everywhere? How do I account for when I'm home alone or sleeping?

 

I know its easier said than done, but try not to be too paranoid. Using debit cards and credit cards are a good strategy, you can't account for every minute, just be smart when you are out and about.

 

Thanks a lot Lojki greatly appreciate it. This shit was a new reality check for me.

 

I have been through this a lot. So much so that the police and sheriff's department came to know me quite well. And it occurred in Lake City, Florida. I walk a lot. Most of the time, I walk at night. Sometimes, I rode a bicycle. I meet a lot of these guys on the main roads where I can be seen. When they pull me over, I ask them one question," Would you like to see my identification, sir?" That question defused whatever suspicion the officer had before detaining me. This action simply lets them know that I am willing to cooperate. They ask me where I was born and I tell them. They go to their squad car and call it in to see if I have a record or any warrants. When they are told that there are none of these things, they return the ID to me. They ask where I am going, I tell them(a pair of Sheriff's deputies asked where I was going, I told the to Hardee's to pick up my check because I work there. They commented on the biscuits which are very good). In dealing with law enforcement, one has to understand that the law enforcement officer has the right of reasonable suspicion. He or she has to right to detain and question. We, the citizen, do not know what is going on in their minds and we should not assume otherwise. Law enforcement is a high-risk profession and the law enforcement officer is dedicated to this profession. And he or she, in this profession, wants to go home alive afterward. My father was a New Jersey State Trooper. So, I learned at an early age to respect that profession.

 

questions......documentation wins all:
1.cell phone records.
2. if you were on the net on your cell fone....it should record
3. get your web search history....subpeona all search engine companies...yahoo. google ect...
4. if you were on this site....get records subpeona.

subpeona the shit out of everybody.

shouldnt they give u your id back

 

They did, sorry I didn't explain that better.

 

That is some serious be. I am so sorry that happened to you TDK

 

cool.....like fg said...sorry you went thru that

 

Thanks guys I really appreciate the support. It sucks, but I'm thankful I got to go home and more importantly shit like this keeps my eyes wide open.

 

So basically you walked through an open gate and back out again at a place of business no less.

Yet someone called the Police for that, well that is just fucking ridiculous, what a waste of everyone's time.

Sorry this happened to you and it would have been nice to have an apology for being descended on like you were some master cat burglar, not an innocent potential customer of a business that needs to buy a closed sign for its gate.:smt099

It's also pretty sad, that now you have to worry about proving your whereabouts for the near future just because you took a stroll on Sunday.

 

Isn't that a military charge only?

Obviously I'm not a lawyer, but in many states you're not obligated to provide any identification during a consensual stop., which is essentially a suspicion stop without strong supporting facts. This type of interaction with pigs was covered in both 4th amendment (prohibiting unreasonable search and seizure) and potentially 5th amendment (self-incrimination., though this is usually observed in judicial process). However, as we are all aware by now, the US government wipes it's ass with the constitution and US states generally interpret, or more accurately mock it differently based on their own bias of political fuckery.

Frankly, I'd be highly surprised if you got much by way of New York state law from us.. and unfortunately, in New York I believe you are required to present ID. Either way, maybe refer to a local lawyer. I would also like to say 'know your rights', but there are so many arbitrary factors that occur on a day-to-day basis that affect laws that your basic rights really are inherently dynamic. How the legal system treats you today can be very different from tomorrow depending on amount of donuts consumed, how things are at home with those involved, weather conditions, your skin color, etc.,.

Anyways, sorry you had to go through this man. Turn on some old school NWA - Fuck the Police. It'll make ya feel better.

 

Well, Trayvon Martin, you did a very dangerous thing ...

 

That shit pisses me off. I will never understand that mentality. I'm sorry you had to go through that TDK. :freehug:

 

Did they frisk you? Handcuffs? When you say 'detained', what do you mean?