Wow, sorry that had to happen to you, good move on the fart too lol... that cop was a complete asshole, I dont have as much self control as you do though, if that cop told me I was going to jail for farting in his face I would have cussed him out so fast.
ok im irish and i know the laws are different but your first mistake was saying yes to a search of your car, cops dont have the right to search if you say no. also if they didnt read you your rights and your wife is witness that is also an offence on the cops part and should be reported with the case. sorry to hear about your run in but the best thing to do is brush up on your personal rights, its what they are there for, keep a cool head. I know its nerve racking as fuck! ive been raided twice and i almost shit myself the first time when 8 cops kicked through my door when i was only back from vacation that night!
As long as all the information in your blog is accurate then I would say that based on not getting your miranda rights read to you is enough to have the whole thing totally dropped. They make a big deal about this and usually give police officers a card with the miranda rights written on them, for the officer to read to the subject they are placing under arrest, just to be 100% sure they say them correctly.
if they don't read your miranda rights, then everything is unlawful and theres a chance your case could get thrown out from they. they HAVE to read you your miranda rights. they can't fucking hold you for farting and it seems as if there was so probable cause for them to search you or your car, even though i'm not sure the outcome of that seeing as you consented to the search.
you consented to the search, mistake #1. As for the miranda rights needing to be read, that's getting less and less of a problem especially related to drug charges. It's sad what the legal system is coming to.
They only have to read you your miranda rights if they questioned you after being arrested. I suppose you could question the arresting officer about his remark about the fart but other than that I am not sure you have much of a case to plead not guilty.
That's true, however it's commonly done whenever a suspect is taken into custody, only because if it's not no statements the suspect made could be used in court.
If the system is corrupt, you can only hope your evidence goes missing. Otherwise, you only have as many rights as what the cops feel like giving you. And that's a fact. Once you are in the system, the cops have no more to do with it, unless they are needed to lie in court... You can file complaints against the cops, but the cops only investigate each other in many states, no citizens review board allowed. 99% of the time they find they did nothing wrong. Miranda rights are a thing of the past in a corrupt system. They simply ignore it, tell you later when they feel like it, and say it's ok to do it that way. So, hope your particular area isn't TOO corrupt. Keep holding your case over as long as you can stand it, and DEMAND to see ALL evidence after a year or so has gone by. The cops memories are not as good as yours will be, a good lawyer can CATCH a cop lying on the stand, and they MAY not be able to produce the evidence.
its clayton county georgia,, and hes white.. hes fucked... hes damn lucky they didnt beat the shit outta him for the fart. could be worse,he coulda got arrested in dekalb (next county up)an been white, he'd be typing from a hospital bed,,if they didnt murder him... yes i said murder,dekalb is notorious for gunning down suspects. highest rate of officer shootings in the nation.