Arrested tonight, were my rights violated by the police. very angry

seduced_xr · 26-12-2011, 03:50 AM

hello everyone.

this is my situation

tonight at approximately 11:30 i was driving down south street to munchies to meet a friend for a feed.

ive noticed a pot hole in the road and out of reaction swirved around it, nothing but a car far in the distance.. i continue on

all of a sudden this car in the distance has belted up behind me. i stop at the lights to notice a camera flash behind me.. now getting concerned i go to change direction and the car goes to follow me. i stop dead in the intersection. it turns and i continue along.

not far up the road its waiting in a side street. its an old subaru forrester.. getting really concerned now i dissapear into the back streets and pop out on canning highway..

i continue along canning highway to notice this forrester in the back ground again. all of a sudden a paddy wagon comes flying up behind me. ive pulled over and jumped out the car. gone to seek assisance from the cop and been thrown up against the paddy wagon.

the forrester then stops and an off duty police woman jumps out. im arrested and put into a paddy wagon and some officer drives my car back to the station.

the off duty cop then goes off to get changed into uniform and some time later comes and gets me... im written 2 traffic infringments for 5 points and $350 and cut loose.

ive been treated like a criminal.. and arrested over a roadside traffic infringement?

chashed around by some person in the dead of the night and i have on recording her telling me she was on her phone chasing me while waiting for her collegues to arrive.

where do i stand? surely this is illegal.

jpd80 · 26-12-2011, 04:19 AM

What were the two traffic infringements?

You're lucky WA doesn't have double demerit points in place, the Eastern Stated do at this time.

seduced_xr · 26-12-2011, 04:24 AM

we do.. my point is i was chased by a civilian car.. and arrested over 2 road side traffic infringments.. this has go to be illegal, there was no police car anywhere while this was going on..

crossing an island and failing to indicate.. and i was thrown in a paddy wagon for this?

HBWC · 26-12-2011, 04:36 AM

the problem is cops are in reality are never off duty but if you can prove they chased you illegally you have a foot in the door but go see a lawer

XF Falcon · 26-12-2011, 04:43 AM

Pretty full on man! I wonder if she had a handsfree kit installed in her car - if not I'm sure she is not excused from the mobile phone laws here in WA

seduced_xr · 26-12-2011, 04:52 AM

no it was clear as day against her face.. i was wondering what dodgy mates this person was calling..

to arrest someone over 2 minor traffic infringements is a joke.. yet alone chasing some1 around off duty in your own car while waiting for an on duty mate to arrive.

XXX747 · 26-12-2011, 05:46 AM

Seduced did u cut her off and abuse her or something, road rage. Then she happened to be an off duty cop?

Redrum · 26-12-2011, 06:24 AM

I do not know about WA, but in VIC as soon as an off duty member decides he or she is doing their duties their vehicle becomes an emergency vehicle under rule 305. Of course VicPol does not encourage this.

Serial_Fool · 26-12-2011, 06:56 AM

Firstly, consult a lawyer. Secondly, get this thread removed. They easily know who you are by via your car project thread, showing them all your cards is a bad thing to do.

In the future, have a tape recorder on hand to record any interactions. It pays to be paranoid in today's world. You could have been narrating this to your tape recorder while being followed. You could have called the police if you had a hands free to say you were being followed AND YOU FEARED FOR YOUR LIFE. You could have recorded any interactions with the police.

Sadly, it is your word against two policemen. You're unlikely to get anywhere without proof, as the courts will just revert to the authority of the badge.

Glen 5150 · 26-12-2011, 07:56 AM

I can't see what the Police have done wrong here? You were 'observed', not 'chased', by an off duty policewoman who obviously didnt feel comfortable approaching you. She called her dodgy mates? Please!!! "Thrown" up against a paddy wagon? Please!!!!! You mean 'escorted or guided' after you probably showed a bit of lip, disrespect to an officers direction, and probably had a bit of a rant and a rave and stamped your lil feet at being caught out for your road behaviour by an unmarked car. You don't get 'thrown' against a paddy wagon for no reason these days. This is not the bad ol days of the 70's and 80's like a lot members here grew up in, when you got a clip behind the ear and told to move on. These days average Joe Public has more rights than the Police.

If you think you've got a case good luck but IMO, a 'wet behind the ears', just out of University No win - No fee lawyer wouldnt even touch this if you pursued it legally.

Bucknaked · 26-12-2011, 08:31 AM

When you say chased, was it at high speed? Otherwise I would say she followed you and observed your driving. Being a female off duty officer and alone she called for assistance from other officers from her station. I also think being off duty, she had no cuffs or weapon or any of her kit and if you were going to be a handful she may not have been in a position to defend herself. She had no idea who or what was in your car.

Seems reasonably logical. Although I don't understand why you were detained and taken to the station. No charges were laid, just an infringement. I think you need to chalk this one up to experience and contest the infringements issued.

BLUEYBA · 26-12-2011, 09:31 AM

Quote:

Originally Posted by Bucknaked

When you say chased, was it at high speed? Otherwise I would say she followed you and observed your driving. Being a female off duty officer and alone she called for assistance from other officers from her station. I also think being off duty, she had no cuffs or weapon or any of her kit and if you were going to be a handful she may not have been in a position to defend herself. She had no idea who or what was in your car.

Seems reasonably logical. Although I don't understand why you were detained and taken to the station. No charges were laid, just an infringement. I think you need to chalk this one up to experience and contest the infringements issued.

I agree with what you're saying but he could say the same thing. He didn't know who was following him. They could have had a weapon and he had nothing to defend himself with.

martyal44 · 26-12-2011, 09:03 AM

If they 'ran your plates' would anything have come up to make them a bit toey, even if those plates were once someone else's.?

Surely even the station sergeant will be able to discuss and clarify these events with you as soon as possible?

Then there's local MPs and decent legal advice, good luck with that.

jpd80 · 26-12-2011, 09:41 AM

Seduce, i think you and the mods should remove this thread until you have discussed with legal council,
you may decide to fight these charges and having this thread on public domain could prejudice your case.

A lot of opinions being thrown around here, I think you need to decide what you want to do and then
tell us after its done...

Good lucjk mate, what ever you decice.

Jim Goose · 26-12-2011, 09:11 AM

Quote:

Originally Posted by seduced_xr

hello everyone.

this is my situation

tonight at approximately 11:30 i was driving down south street to munchies to meet a friend for a feed.

ive noticed a pot hole in the road and out of reaction swirved around it, nothing but a car far in the distance.. i continue on

all of a sudden this car in the distance has belted up behind me. i stop at the lights to notice a camera flash behind me.. now getting concerned i go to change direction and the car goes to follow me. i stop dead in the intersection. it turns and i continue along.

So you swerve.... then change direction.... stop in the middle of an intersection????? Sorry to say it... but your driving dangerously, erratic and like someone who is guilty of something by the sounds of it.

Quote:

Originally Posted by seduced_xr

not far up the road its waiting in a side street. its an old subaru forrester.. getting really concerned now i dissapear into the back streets and pop out on canning highway..

i continue along canning highway to notice this forrester in the back ground again. all of a sudden a paddy wagon comes flying up behind me. ive pulled over and jumped out the car. gone to seek assisance from the cop and been thrown up against the paddy wagon.

If you were that worried why didnt you pull over and use your mobile phone to call Police that you were worried about a car acting weirdly?

Quote:

Originally Posted by seduced_xr

the forrester then stops and an off duty police woman jumps out. im arrested and put into a paddy wagon and some officer drives my car back to the station.

the off duty cop then goes off to get changed into uniform and some time later comes and gets me... im written 2 traffic infringments for 5 points and $350 and cut loose.

ive been treated like a criminal.. and arrested over a roadside traffic infringement?

chashed around by some person in the dead of the night and i have on recording her telling me she was on her phone chasing me while waiting for her collegues to arrive.

where do i stand? surely this is illegal.

Er umm.... how do you know she was "offduty"? Police dont suddenly "come on duty" to fill out paperwork as there usually needs to be someone to approve the overtime, it sounds like she was ON DUTY the whole time and in plain clothes.

Your beef about her talking on the mobile phone IS NOTHING. It never ceases to amaze me who people dont know the law. POLICE ARE ALLOWED TO TALK ON THE PHONE IF ITS TO DO WITH WORK. How many times does this need to be written on this forum is beyond me.

Were you breathilized?
How did you act?
Did you abuse anyone?
Which part of it do you think is illegal? Her talking on the mobile? or that they arrested you?

SM1DY · 26-12-2011, 09:26 AM

There is some critical information that I think is being left out of this story

prydey · 26-12-2011, 09:36 AM

Quote:

Originally Posted by SM1DY

There is some critical information that I think is being left out of this story

have to agree here

seems to me a plain clothes cop saw a car ahead swerve in their lane so thought they'd get closer to observe some more. they then find this car drives over a median and stops in an intersection so they call for back up whilst keeping it under observation.

my guess is the OP is a 'young' person and as is the custom these days showed absolutely no respect to the police and got treated accordingly.

Auslandau · 26-12-2011, 09:45 AM

Asking for this sort of advice in here is dangerous. Advice might come thick an fast but what is right or wrong cannot be decided here. Best cause is some good legal advice if you want to take it further as there will be many on here who will judge you without the facts, rightly or wrongly