More recently in my life I have been made aware of police abusing their power, and manipulating people in their favor while making arrests. I would like to outline what exactly happened last night (April 5th, 2012), what charges have been given against me, and what options I have for the future.
A little background information...
Anyone who knows me knows that I am never confrontational and have always cooperated with law enforcement whenever questioned. I am 24 years old, a six year veteran of the United States Air Force, a full-time college senior at the Richard Stockton College of New Jersey, and a part-time bartender. I am majoring in Political Science with a minor in Latin America and Caribbean Studies, currently I am taking a constitutional law class that has given me a new appreciation for my rights as a U.S. citizen.
My father is a 17 year veteran police officer who has taught me to be aware of laws and to always, no-matter what the situation, be very respectful to policeman or anyone who is there to protect the law. However, he also taught me to know and understand that policeman can and will make mistakes just as any human being, especially when in positions of power.
I have no doubt in my mind that after last night, I will never ever let a policeman abuse their power and trample on my rights as a U.S. Citizen...
Last night my 16 year old brother, and his 16 year old friend, came over to my house to stay the night. Their Spring break just started and wanted to hang out. I told them about the "Jersey Devil" and how the original house was right down the street from us in Leeds Point, they asked if I would take them to check it out.
At this point its 11:30 P.M. and probably wasn't the smartest idea to leave the house that late, but hey, they are kids and wanted to do something exciting. I literally live a quick two minuet drive to where the supposed house was, but we didnt see anything that resembles an old broken-down house. I decided to turn down this one lane road that had a "Wildlife Reserve" posting in the front, Ive never been down it before and it looked pretty scary, so I thought it would be fun to scare them a little. BUT...right before I turned down, I saw an SUV with break lights on further down the road that we were turning off of. (at that point I thought to myself I hope it wasnt a cop)
As we were driving down the one lane road we saw a few private properties but kept driving, then we say a large sign saying that the Wildlife Reserve was CLOSED. At this point we were on a very small one lane road and I did not want to turn around on someone's personal property. So I drove a little further until the road opened up (which was at the very end) and we immediately turned around. As I was turning around we could see Atlantic City and the view looked amazing. Thats when the trouble started...
Within ONE minuet of arriving at the end and turning around, we started to drive back out. However, I saw a car light coming down the road so I stopped to let it pass, but it was a police CAR. He blocked the only way out and turned his spotlight on us. At that point I rolled down the window, turned the car off, and put my hands on the wheel so they wouldn't feel threatened.
He walked up to my car with a flashlight and his other hand on his weapon. Obviously I was a little nervous because we were out late and it was going to be hard to explain the story as I have written it. He came up to my window and asked what we were doing out there, and stupidly I just blurted out that "I wanted to show my little brother the cool view of Atlantic City."
He then asked if I saw the sign coming into the area that said it was closed to the public after 7pm. I told him I did see the "closed" sign but not the hours.
The part where I messed up was not immediately telling him that I only came all the way down in order to turn around.
At this point I could tell the officer seemed like he didnt believe me, so he asked to see my license, registration, and insurance then he went back to his car. As he was asking for my documents a police SUV pulled up and the officer walked over. He took my documents and they both went to his patrol car.
When he came back (without my documents) he walked to the passenger side this time and asked me multiple times why I was out there that late after hours. And again I told him I wanted to show my brother and his friend the view,
AND
that we were turning around because the sign said it was closed.
After a long pause he asked if he could search my vehicle and I said "no." It was almost comical at that one moment because it seemed like he didn't know what to say and wasn't prepared for my response. He asked one more time and I said no again.
He then proceeded to tell me that someone who has nothing to hide wouldn't mind "us" searching the car. I responded and said "I understand that sir, but we have done nothing wrong for you to search my car." Then the other officer stepped up and said "you need to drop the attitude right now!" Very calmly I told him I was not giving him attitude and that I did not understand why they needed to search my car.
The officer who spoke first walked to my side of the car and asked me to step out of the vehicle. I asked him if he was detaining me and he blurted out that according to "blank" "blank" law that I need to step out of the vehicle or he will "forcibly remove me."
At that point since he left me with no options and for our own physical safety I stepped out of my car. We walked about 10 feet behind my car and he asked me to put my hands on my had and spread my feet. I did so very calmly and respectfully.
While he was checking me for weapons I asked to make sure the "dash camera on his vehicle was turned on." Immediately after I said that the other officer instructed the officer to put handcuffs on me and that I was "under arrest for trespassing". I asked him what his badge number was and for his name (which I forgot), and he replied "my name is SERGEANTso and so." He then commanded Jack and Jarret to get out of the care and he proceeded to search them.
Just a quick note, the temperature was in the 30's and my brother had shorts and a T-shirt on. I understand that was a dumb move on his part, but the cops kept us outside for over 25-30 min
After he searched them he proceeded to search my car.
While the sergeant was searching my car I began talking to the other officer. He asked me "why was I being so difficult" and that "none of this had to happen." I told him that I am in a constitutional law class and that I believed they were breaking the law for searching my car without a warrant. I also told him that he did not have reasonable suspicion either, "we dont smell like pot, were not acting like someone under the influence of alcohol or drugs, we are not confrontational, and that the only reason we are out here is because we were turning around"
I also told him about my experience in the military and my father being a police officer. At that point he seemed a little taken back and stated "why didnt you say any of that earlier."
Once the sergeant was finished searching the car, he told the police officer that "there were no weapons." The other police officer asked to speak to him and they both walked about 15 feet behind me, I couldnt hear anything they were saying.
After about 2-3 minuets the first officer said he is going to put me in the back of the police vehicle and write me a ticket. Before he put me in the car, he loosened the cuffs and said he is doing it so my "wrists dont hurt when I sit back."
He wrote the ticket and put the violation under: 2C: 18-3B2 Defiant Trespassing
and wrote on the ticket that I: Purposely entered area where (not legible) prohibits at certain hours. He told me that it was not a criminal violation and that its just going to be a fine.
As he was writing my ticket the sergeant walked over to my vehicle and told me brother that "you never know what can happen in situations like this" and then walked away.
He uncuffed me and let us go after he handed me the ticket.
I really don't know what to expect when I go to the summons on April 12, 2012. I hope I am able to get the charge dropped (if that's even possible) because I have no money to get a lawyer. If anyone has any advice for me, I will take any suggestions. If you would like to contact me, please send an email to jloza87@yahoo.com.
Thank you all for taking the time to read.