Macomb, IL asked in Civil Rights and Constitutional Law for Florida

Q: Can an police department open an investigations under false pretenses - no evidence or witness testimony or suspicion).

Hypothetical - Can an officer arrest/question/harass an individual who is deemed to be "searching questionable materials (eg:active shooter policies and procedures)". When that said person has a Ph.D in the subject matter, doing policy work for NGO's and creating these exact policies for organizations. Under questioning, the defendant is being mocked by officers with no cause and there is no evidence or record of cause for a warrant in an "investigation" or related tracking of records for the search engine results. Further finding that the request to gather evidence was signed by a judge with false accusations of "being a danger to society" with no evidence or witness testimony as to such. The office and judge are friendly. What recourse or suit would be sufficient to 1. shut down the investigation and embarrass both the office and judge. 2. counter for suit for harassment or other damages.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You stated that your inquiry is a hypothetical, which means it's not a real situation. Most or all lawyers viewing Justia inquiries will not respond to purely academic questions - that is the the province of academicians.

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