The gamecock. (Columbia, S.C.) 1908-2006, February 09, 1981, Page Page 3, Image 3
Arrest s,
I
By Karen Addy
Staff Writer
lanof onrl 'P/\ri 1? Unrl iitnf lit nrv o i/\? tifK/\rt a 1 rvr?o 1 r\nlin n
uanti auu awhy uau juoi lit up a junu wnun a luvai pvuv,c
car pulled up beside their car. The two students quickly put
out the joint as the officer walked over to the driver's side of
the car.
"If I search this car, will I find any marijuana?" the officer
asked Tony.
The young man said yes, and handed over a bag filled with
enough marijuana for two joints.
Tony, a USC sophomore, did not expect what happened
next. The officer opened the car door, jerked Tony out by his
arm and pushed him face forward against the car. He quickl>
frisked the student, then handcuffed his arms behind his
UC1VIY.
TONY DESCRIBED the officer's treatment as "prett>
rough" and he asked the officer to "take it easy ."
Instead, the officer pulled Tony around to face him anc
kneed him in the groin. When the young man bent forward ir
pain, the officer pushed him back against the car.
According to a Cayce police department official, there is
probably little Tony could have done to assure that the officer
woui i be reprimanded for his behavior.
"A person who feels they have been manhandled by a
police officer for no good reason has the right to file a com
plaint with the chief of the police department, which will be
investigated by the FBI. But most of those cases can't be
proven, unless the complainant has bruises or marks or
him," Sgt. J.A. Monts said.
MONTS said most of the cases involving "police
brutality" are justified because the person being arrested i<
hostile toward the officer.
Even though Janet saw everything that took place, th<
officer would still have had an advantage in an investigatior
of the incident, according to Professor M.B. Mills of USC';
Department of Criminal Justice.
"It's just their word against an officer's," Mills said.
Monts said there is no code setting arrest procedures foi
officers to follow, and policies are left to the discretion o
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ooliceman's attitw
each police department. Conducting arrests is stressed at the
Criminal Justice Academy, he said.
SGT. MONTS said officers in his department usually don't
: charge people for possession of small amounts of marijuana
unless it's a second or third offense. But under South Carolina
> law, a police officer may charge a person for possession of a
single joint.
i Persons convicted of marijuana possession may receive up
to three months imprisonment and fines up to $100. AcI
cording to Mills, attitude can make the difference between
j being caught and being charged.
r "Air your complaints before a judge, not the arresting
; officer. Unless, of course, you're being beat to death," Mills
said.
In traffic ticket cases, attitude can make a difference. Sgt.
r Monts said officers make comments about attitudes on
traffic tickets. Should a person contest the ticket in court, the
j attitude factor is very important, Monts said,
i "Remember: that police officer works with the local judge
almost every day, and most likely, the judge will give the
; officer the benefit of the doubt," Mills said.
IN SOUTH CAROLINA a person can be given a ticket for
i running a yellow light or a red light. Mills said while most
. Columbia drivers think a yellow light is a signal to ac?
celerate, its purpose is to give cars in the intersection a
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? cnance 10 oui ueioi t: me ugm iui u? i cu.
"If an officer stops you and gives you a ticket, and you talk
back to him, he is within his rights to arrest you for disor?
derly conduct," Monts said.
; A person arrested for driving under the influence is offered
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may determine
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a chance to take a Bteathalizer test, measuring the alcohol
content in the blood. Mills said that under the implied consent
law. anvone refusing to take the test loses his driver's license
for 90 days. It is advantageous to agree to the test, whether a
person is drunk or not. Mills said.
MONTS said a person arrested for driving under the
influence is usually held in custody for four to six hours to
insure that he can safely drive himself home. Or he may be
released to the custody of a "responsible" adult after posting
bond," Monts said.
Mills said eating a good meal before drinking can make a
difference in what the Breathalizer test registers He also
suggests that a person stop drinking at least an hour before
getting behind the wheel to allow the effects of the alcohol to
wear off.
\nn. a senior nursing maior arrested for driving under th'
influence, said she was treated satisfactor .y by the polict.
but her companion, another woman, was not.
"I was arrested on a Thursday night, or rather, r r <<i i
morning around 2:30 a.m. The officer stopped our c -n 01
Assembly Street, took me in and left my friend si'ting m i.
car by herself. To me that just wasn't right. I mean.
Assembly Street at 2:30 in the morning." sh? said
MILLS SMI) that in Ann's case, the friend should ha .e
filed a com iint because the officer indirectly placed her in
danger.
"The main thing to remember if you're being arrested < r
charged with anything, don't become antagonistic toward the
officer. This is not the time for a shouting match. M ils said
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