Legal Question in Civil Rights Law in Georgia

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Back in October or Novemeber of 2010, my son and his friends were driving back from Atlanta, Ga to Albany State University around 11pm or so, which I have asked him not to drive at that time of night, because he is a young black man and I know for a fact that police (black and white) are mostly likely to pull over a young black man at night, just because they can and most use the excuse of window tint etc... Anyway, a Warwick county policeman pulled my son over because of his window tint and then proceeded to ask my son if he could search the car (after my son admitted to smoking marijuana 8-9 hours prior), my son says "yes". During the search, the policeman found some marijuana residue in the glove compartment (which the policeman then said he tested it and it was infact marijuana residue); which my son then explained to him he knew nothing about; because a friend had driven his car and must have left that in there. So the cop gave him a ticket (for the residue and nothing for the tint) and towed the car. When my son and I went to court and in speaking with the public defender, I explained to her I raised an honest and respectful child (and to be that way at all times), because she couldn't believe he was upfront and honest with the police officer. My son admitted to smoking approximately 8-9 hrs prior to the officer pulling him over. Anyway, the public defender spoke to the police officer and asst district or district attorney and they agreed to drop the charges and this would not go on his record, because he was a first time offender and had NEVER been in any trouble prior to this of any kind..

My son was called into Six Flags for a job interview last week (interview was yesterday 5/31/11 to speak to Loss and Prevention). He has worked for Six Flags (via Smarte Cart) for approx 2 years. Smarte Cart ran a background check and there was a flag on it. My son then called Warwick County to find out why was something coming up on his background check. Warwick County clerk said in so many words they would remove the charge/warrant because the case was dismissed/thrown out. And then mailed him the paperwork saying so. I called and spoke to my son's supervisor regarding my son's arrest and he told me that a coworker of my son came and told him that he was being locked up / in handcuffs. So supervisor told him he needed to go to Six Flags and speak to Loss and Prevention (not in these words). He gets to the interview and shows the interviewer paperwork showing that what was on his background check was invalid, because the case was dismissed/thrown out. After showing an employee at Six Flags the paperwork, they employee told my son she would be right back and instead the Cobb County Sheriff came in and arrested him. My son called me and told me that there was a warrant for failure to appear in Warwick County (mind you, both my son and I appeared at his court date and the police, public defender and asst district attorney or district all said the charges would be dismissed).

I then called Warrick County police department and spoke to a clerk regarding my son being arrested and before I could give her the all the details of his arrest, she says, is this for Six Flags and I said "yes" and she told me that she told Six Flags the warrant wasn't any good, she asked for my number and said she would call me back.

He was released after approx 4-5 hours. Is there a law suit defamation of character, false arrest and embarrassment. I don't know if there's a case against, Warwick County, because they did not process the paperwork correctly or Six Flags for entrapment/setting my son up to get arrested after speaking to Warwick County or after my son showed them the paperwork from Warwick County. They (Six Flags) called him in for an interview, knowing they were going to call the police prior to him getting there or at the time of arrival. My son's picture is on a Arrest/Booking Report for Cobb County (and if Warwick County has did what they were suppose to do; this would have NEVER happened). My son is and has been an A, B and C student throughout High and in College and has NEVER been in any trouble!!!!!


Asked on 6/01/11, 10:28 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

This is a very common story -- your son has been caught in the nasty web of the so-called war on drugs.

There is absolutely nothing you can do. Holding your son for 4-5 hours while the Cobb County police sorted the situation out would not be considered "unreasonable" by a judge. You also cannot go after Warwick County -- sounds like when you asked them for help, they acted reasonably in assisting you.

Your son wasn't falsely arrested either. He voluntarily consented to a search of his vehicle. Drug residue was found inside. The police had probable cause to arrest your son for drugs. Whether the drugs were his was an issue for the judge/jury to decide. Luckily it didn't go that far.

If you knew that window tinting is an excuse to pull you over, why on earth would you allow your son to have tinted windows? Whether the police use it as a pretext to harass minorities is beside the point and impossible to prove. Common sense would say to remove the tinting from the vehicle. Why take a chance?

I'm concerned that you seem to be blaming everyone but your son for this incident. In reality, this NEVER would have happened if your angel son hadn't started the ball rolling by having illegally tinted windows, by admitting drug use to an officer (dumb!), and by possessing marijuana in his car. You personally may not think marijuana is a big deal, but it is still against the law in Georgia. In fact, your son is extremely lucky that he only received a ticket and had the car towed -- many would have spent a night or two in jail.

Your son may be an A, B, & C student in high school and college, but he made a series of VERY poor life decisions that came back to bite him in the butt. Hopefully he will learn from this life experience that you definitely do not want to get caught up in the criminal justice system -- it's inefficient and unforgiving.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 6/03/11, 3:46 pm


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