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Question
Hi, I was wondering if you could shed some light for me on the legality of the following: I was in a casino with a couple of friends of mine, we all had too much to drink, but it affected me the most. As we were leaving the casino and got into the parking lot, I had gotten into an argument with my friend and a police officer came up and told us to leave. I said "no," and I continued arguing with my friend, after which I threw my cell phone in his direction (my friends) The officer immediately put handcuffs (my friend stated that I just threw it and that it wasn't at him) on me and took me back into the casino at which time they informed me that I am now permanently evicted. They then took me to the police station put me in a cell for several hours and charged me with public intoxication and disorderly conduct. (No breath test was given.
I was just wondering, is it all legal, going back from the fact that the casino gave me the alcohol, then the officer told us to get into our cars and leave when we all had been drinking, and so on. My friend even asked for one of the officers names and he said that "it's none of your business, I'll arrest you right now too."
I'm not sure what you mean when you say "is it all legal". If you mean were any laws broken by the police then I would say that nothing that you told me would be anywhere close to a violation of the law. However based on what you said it would appear that you broke the law by certainly being disorderly in public, which is against the law in any state, and being drunk in public. There is no need to give a breathalyzer test no matter what you have seen on tv. Breatalyzer tests are only given in cases of drunk driving.
Reading on you said that the police ordered you to get into your cars and yet you were arrested and taken to the station so I am not sure how you could drive if you were locked up. And the police are always asked for their names when someone is disorderly and time after time the person forgets and nothing is accomplished. If you need the name of a police officer in most cases the officers are wearing name plates and at least one of their names should be on the charging document.
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Answers by Expert:
Jack Toomey
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.
Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".
Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.
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