Q: Was pulled over for a traffic violation, asked to step out of the car, asked if he could search the vehicle
the answer was NO He did anyways was arrested unlawfully and was illegally in jail for over a month till someone advocated for me and had all the charges lifted. A very painful agonizing ordeal for many, what do I do now? Can I file a civil suit against the department against the county against the officer for loss of wages embarrassment humiliation mental anguish my fourth amendment absolutely 100% proven it's been violated, what do I do next?
A:
You should consult an attorney who takes FEDERAL civil rights cases under Section 1983.
From a criminal law perspective, the severity of policy mistakes that could result in a prosecutor dismissing a case is lower than the severity of police mistakes necessary to justify a ruling against them. There is a wide swath of police misconduct that is only punished by suppressing the evidence they collected, not with penalties against the officers or the department.
Also, I would not assume that the arrest was unlawful. Perhaps it was, but the US Supreme Court says the cops can legally arrest you for a traffic violation, even something as minor as a seatbelt violation. See Atwater v. Lago Vista, 532 U.S. 318.
Furthermore, I would not assume that the search was unlawful. Once there is cause to arrest the driver for a traffic violation, the vehicle is in police custody unless a passenger is available to take it. Once the car is in police custody then they may conduct an "inventory search" of the interior and trunk. This doesn't mean they can tear the car apart and look behind the door panels or in the AC ducts, but they can legally open containers, etc.
Finally, I would not assume that there is enough here to beat the Qualified Immunity that officers have for mistakes made in the course of their work. Unlike a surgeon, it is not enough to show that a cop made a mistake, you must show that it was deliberate or that he was specifically targeting you for some improper reason... for example because of your race, religion, or gender.
But cases against the cops are not filed by criminal defense attorneys. We just try to get the evidence suppressed. If you want to file a civil case in an attempt to collect damages then talk to a federal civil rights attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
