Q: Do I have a case? Were my rights violated? What attorney to seek?
I was parking at a store and when I was leaving my vehicle a man who was not in police uniform approached me and stated that my tags were expired and requested my driver’s license. I asked who he was and he responded “ I’m an officer “ and held up a badge hanging from his necklace. Keep in mind he was in casual clothes and did not appear to be an officer. I held up my ID to show but did not hand it over. He requested my registration so I went to my car to grab it and the officer rushed over to my car, yanked my keys and put my wrist in a lock. He had another man open up passanger door and put my right wrist in lock. 3rd gentleman threaten to pepper spray me so I got out of the car. They handcuffed me, pat searched me and put me in their unmarked car , was not a police cruiser. They conducted a search on my car without consent and without reading my Miranda rights. I was booked for 11 hours. Were my rights violated and can I sue? Charged for obstruction over what was to be a citation.
A: I would need some more facts/details from you regarding this incident, but it appears based on what you have stated here that your civil rights may have been violated and you may have a civil case for either discrimination or police harassment/brutality (and possibly battery, use of excessive force). Contact a civil attorney right away to discuss the details of the incident in more depth and evaluate your options/remedies.
A:
Based on your description, you might have grounds to question the legality of the actions taken by the individuals claiming to be officers.
In California, law enforcement must identify themselves properly, especially if not in uniform. The manner of your detention, particularly if the individual's status as a police officer was not clear, raises concerns.
Additionally, a search of your car without consent or a warrant, unless under exigent circumstances, may be questionable. Miranda rights are typically required to be read before interrogation if you're in police custody. Your charges of obstruction, stemming from an initial encounter over expired tags, also appear to warrant further examination.
To assess the legality of these actions and explore potential rights violations, consulting with a criminal defense attorney or a civil rights attorney would be advisable. They can provide a more detailed analysis of your situation and guide you on the feasibility of legal action.
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.
