Expert: Robin Sexton - 7/18/2009

Question
Me and my boyfriend and his buddy were in a whataburger. weve been drinking. we werent driving. we were in the whataburger all by ourselves. their was a rent a cop their i quess and  told them to keep it down, we were waiting on our food for about 15 minutes, so we were a little antsy. so all my boyfriend did was say ok we will keep it down but we are waiting on our food. then the rent a cop cuffs him then searches him without reading him his rights. now hes in jail can anything come good out of this bc he wasnt read his rights when he was arrested and searched.

Answer
Jessica,

Sorry about the problem you and your boyfriend are having.  First you need to understand that security people are not police officers so do not have to follow the same rules.  Security people have limited arrest authority, they do not read Miranda and don't have to follow the search rules police officers have to.  This opens them up to more civil penalty.  The issue truthfully boils down to the legitimacy of the arrest, did the security officer have just cause to do what he did? That can only be determined by a detailed review of the reports and any evidence they may have.  If your boyfriend has an attorney they will be able to do this and advise.  The charge is probable some form of public disturbance which is normally not very serious.

Sorry i can't be more detailed

Good luck

Robin