Expert: Jack Toomey - 5/5/2007

Question
Hi, I live in Snellville Georgia. At the park across the street from my neighborhood is having a celebration called snellville days i just moved her in november and i know nothing about it. Right across the street from my house is a slanted stone wall thats a fence to the park and my friends and I always run up it to get into the park because its easier and no one complains. Well, yesterday I ran up it and the started on my daily run around the park (track season is starting). As I was running a police officer pulls up next to me on his bike and stops me then the police officer puts me in hand cuffs and pushes me to the ground and starts screaming at me saying "Do you think you can do whatever the F**k you want? Your a f**king idiot" and then he spit on me and picked me up by pulling on my arm. Then he calls one of the park officals with a golf cart to come over then on his radio. When were waiting he ask me if I knew I couldnt come into the park and I said no i didnt and he says thats bullsh*t. And When the park offical gets the he handcuffs me to the golf cart and tells the offical I knew I wasnt allowed in there and then we go up to the park office and he fills out a form and then he calls my mom and she comes up there and then he tells my mom that he thinks Im smoking dope and that I knew i wasnt allowed in there and then he tells her that he arresting me for criminal trespassing and that last year some kids stole stuff from the venders (might i add i was wearing gym shorts with no pockets and a plain t-shirt and some running shoes) and then he makes my mom sign a bunch of stuff and says i will have to go to court for this. then he takes my hand cuffs off and turns me over to my mom. Through out all this he never read me my rights and he also didnt see me hop the fence do you have any legal advice about this and also what can i do about the police officer pushing me to the ground and spitting on me then lying about what i said?  

Answer
Zachery,

    There would be no need to advise you of "your rights".  You (and half of the country) have gotten that idea from televison and the movies.  A police officer is not required to read someone their "rights" if there is an on the scene arrest which seems to have happened in your case.  The only time that a police officer is required by law to read someone their "rights" is when a confession is gained after arrest and the goverment chooses to use the confession at trial.  Clearly this is not the case in your situation.

  Now to your complaint about the officer.  I think that you should talk it over with your parents and if they feel that the officer acted improperly then there are ways to file an official complaint against the officer.  There would be an internal investigation which would include you being interviews (possibly a sworn statement) and then the results of the investigation would be revealed to you are your parents.  However any complaint that you file would have no bearing on the criminal case against you.