I need advise on an unlawful arrest?

Question

My brother was arrested last night. He is 18, and doesnt have a license. He was out riding his bike at about 10, going to a friend's house, and he got pulled over for not having a headlight on his bike. Thats understandable, so give him a ticket, right? well he was wearing camo pants, as he always does, and a grey tshirt, so they asked if they could search his backpack. he said yes, having nothing to hide. they found his gloves that he usually wears when he is riding his bike long distances (which he wasnt, so he didnt wear them) and his baton, which he carries at all times because there are some punks in the neighborhood that take every opportunity to mess with him. It's perfectly legal, he made sure of that before he bought it. Well, the cops found those things and arrested him!! on 'suspicion of grand theft auto'. is that enough for suspicion of grand theft auto? he was just out going to a friends house!! they are pressing charges and he has a court date next month and a hefty fine or jail time to serve. what do we need to do to get out of this with just a no headlight ticket?

Answer 1

So, it was a bicycle... Not anything motorized.  So, he shouldn't need a license or insurance or whatever everyone else said.  He should have received the ticket for the headlight.  However, I'm wondering if he has any prior charges against him?  Trespassing? Theft?  Any of that?  If so, they probably had reason to arrest him.  If he's got a squeaky clean record, I would think that they won't carry through.  Either way, get a lawyer.  They're pricey, but it'll cost you a lot more if you don't get one.

Answer 2

Something is missing here. He was riding, I assume, his motorbike? Could he not just provide proof that he owns the bike? They have no grounds to arrest him or jail him if he owns the bike.

EDIT:  Well, with this additional information I would say that the cops were way out of line. It would have helped if you had mentioned before that it was a bicycle.  No offense, but the place where you live sounds really, really out there.

Answer 3

Jolyth_a, you will be surprised at what agents of the US government arrest people for, lawful or unlawful. Of course, Tryto... did not mention if "bike" meant motorbike or just plain bycicle.

In any case, Tryto..., please immediately contact an attorney in your area. Though we are not sure of exactly what happened after your brother was pulled over, the law (especially in Texas) does not permit arrest just because someone possesses items that could be used for criminal activities; there must be, at least, a probable cause. But as earlier mentioned, law officers are known to arrest and jail people simply because one threatened their intelligence! If your brother had even asked a reasonable question to any of the officers involved, then that could have been enough for them to arrest him. Believe me, I know what I am talking about:

I got out of jail about few weeks ago - final charge: alleged refusal to provide name (although I had provide name and ID number), simply because a police office thought I was insulting his intelligence after he tried to quote nonexistent State laws to me and I demanded that he give me the exact law he was quoting. And guess what?

He'd approached me while I was resting from riding my bike - bycicle - in front of Reliant Stadium! I'd stopped in front of Reliant Stadium (and still do) on numerous occasions, seeing nothing prevents one from doing so. When the officer asked what I was doing, I told him resting and asked why he asked. He said because I was in front of Reliant. I then asked if it was unlawful to sit in front of Reliant. He then said Texas law said x and y. I asked what Texas law?

It just so happened that some fraudulent tickets from 5 years ago (some dismissed and some I simply and intentionally ignored because the courts then refused my plea to consolidate) appeared as delinquent! Well, I was held for approximately 30 hours, and all 15 tickets I'd plead not guilty to and again pleaded not guilty to were dismissed!  

I have received tickets from officers simply because they did not like the fact that I knew when they had crossed the line between police duties and harassment. Long and short, there are law enforcement officers in the US that would issue tickets and/or take people to jail for about anything, simply because they feel threatened intellectually!

          

Answer 4

Either something is missing or it sounds like over zealous police.  Unfortunately with the charges facing him (right or wrong) he needs a lawyer.  A lawyer should be able to call the prosecutor's office and get exactly why they are charging him with Grand Theft as well as work to get the charges dismissed..../

Answer 5

I am unsure what state you may live in but I know in certain states "defective equipment" or "unsafe equipment" (no headlights) is a jailable offence. as far as the pressing charges MAKE SURE you bring in all info that links him to that bike.....title, insurance, loan papers, banks statement, registration........anything that can help ur case. If his record is clean he will be fine. the judge will see this and more than likely drop the case. let me know...Trooper ADK

Answer 6

He had on his person what could be considered tools for the purposes of stealing autos. It is likely, that there was therefore probable grounds for an arrest.

If all the facts you have provided here are the whole story, I cannot forsee the prosecutor going ahead with the charges, and if so, a conviction being entered.

He needs a lawyer now, and the charges will likely be dropped.

Answer 7

He's riding an unlicensed bike, unlit at 10pm; he has no road tax and no insurance.  

He's carrying gloves and a baton.

On those facts it sounds to me like the police have a prima facie case for charging him with 'going equipped' (whoever owns the bike).

But they have to prove it, and 'it looks a bit dodgy' is not enough.

I assume you've got a lawyer, right?

Answer 8

So, he doesn't have a license and therefore does not have insurance to ride his bike.  He also could not prove that the bike was his, as he does not have the registration.  Therefore, he gets arrested.  Not surprised, to be honest.  He needs to prove that either the bike is his or that he had permission from the owner to ride it.  He will still face the no license and no insurance charges.