thevapors1911

(Here is an email that I got from a user, this did not happen to me, their email is at the bottom though)

I am 16 years old and being tried as an adult in New York City for criminal possession in a school zone and disorderly conduct. I feel that a number of my rights were violated. I wasn't doing anything illegal when I was picked up. I was on my way to school. I was picked up in a subway station in New York City and detained for being 45 minutes late.

When I was first approached by the police officers I feel that I was being cooperative. I asked them to tell me exactly what was happening and was unnerved by their vauge responses. I was told that I would either be driven to school or taken to a truancy center(which is a Board of Education facility). I let them pat me down before getting into the police van. Upon arrival at the truancy center I was told to empty my pockets and bag. I informed them that I would not consent to being searched as I felt it wasn't reasonable. I did not refuse being scanned with a metal detector but it was not offered as an option without consenting to the search.

The officers insisted that what was happening was not a search because I was going to agree. It was made clear, however, that I had no choice in the matter. I was told many times that if I did not give my consent I would be arrested for disorderly conduct and they would then search me because I would be under arrest. I asked them to get in touch with an adult who could take me to school. They said that they would but only once I had been searched and was allowed into the building. They said that this was for safety but I had already let them pat me down and they never offered to scan my stuff and leave it at that.

While this was going on they were creating an increasingly stressful and upsetting enviorment that was causing me to panic. I felt like everything I'd believed about my rights had been a lie. This was intensified by the various police officers saying things like "You have no rights. You're a minor." A District Attorney came into the room and started screaming at me very loudly. He was standing very close to me. One female officer in particular used more then reasonable force with me when she pushed me and forced me into a chair. I have at least one eyewitness to this. The same officer ended up grabbing the strap of my bag before I was arrested. I asked her to let go of my bag a few times. She used force(she started to pull my bag). When I held on I was arrested for disorderly conduct. I was not read my rights or charged. My things were searched on the spot.

I was not Mirandized until I requested that my rights be read at the station. Despite this I was not allowed to see my lawyer for about 24 hours. I was asked many questions though I was not officially questioned. I was asked about whether the drugs that were found(a misdemeanor amount of heroin and marijuana) were mine. There were certain personal questions about my history that I would have felt more comfortable answering after briefly meeting with a lawyer(this was basic paperwork) but I was told that I could not see a lawyer unless I knew one already and that I could refuse to answer but doing so would delay my paperwork and result in a longer period of incarceration. When I asked the arresting officer what I was being charged with he would not tell me and would only say "I'm going to tell your father." In fact he ignored many of my questions.

The needle exchange was called in order to verify that I was registered and therefore legally allowed to carry syringes. The arresting officer placed the phonecall from the station while I was in a holding cell. He began asking them personal information like my address and when I asked that he stop he continued to do so. Fortunately the Exchange does not keep this information on record.

My school put me on superintendents suspension (effective as of March 7, 2001) even though I was not arrested in school. I might be expelled. If that happens my mother could send me away for a very long time. Becoming a ward of the state until the age of 21 is a possibility.. I think the best I can hope for is a month in rehab. I really need help. The worst part is I wasn't breaking any laws and I was on my way to school when all this happened. I need pro bono representation and any legal help I can get. At this point I'm not even sure what the courts can do to me.

All this was legal because I was entering a school-like facility and it was for safety reasons. However a pat down did not give them probable cause to search me further and I never refused scanning my bag and pockets with a metal detector. This program is also not doing what it should be doing as it is picking up kids who are late to school and keeping them in truancy centers until their parents get them. Some miss the entire day.

My court date is scheduled for the March 14th, 2001. Criminal possesion in a school zone and disorderly conduct. The superintendents hearing(concerning possible expulsion) is on March 13th.

--Sapphyre187@aol.com