San Antonio, TX asked in Civil Rights and Constitutional Law for Texas

Q: during traffic stop officer claimed probable cause stating he smelled marijuana,not true, cuffed me and my son. just

before he begin to search my vehicle i told him i didnt give him permission to do so he stated again probable cause at that time i told him him that this was all wrong we havent done anything wrong and if we could get someone else out here cause this wasnt right he was lieing and he had no right to cuff us to begin with, he ignored my request. after his search with no findings , returned to his cruiser , leaving us in cuffed. iasked his partner to remove cuffs,i was ignored ,the officer stayed in cruiser for a greater period of time than to write a citation . it looked like he was reaching trying to find a reason, i keeped asking what he was doing and why was this taking so long we havent done anything wrong and why are we cuffed to begin with. officer finally removed cuffs with a smug look and cited me for no insurance , then said was also impounding my car. too . action i may take? i feel our cival rights violated.my son is tested every week by probation . we do no drugs.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: If you believe your civil rights were violated during a traffic stop in San Antonio, Texas, you have several options to consider. Firstly, document every detail of the incident while it's fresh in your mind. This includes the officer's name and badge number, the time and location of the stop, and any interactions that took place.

You can file a complaint with the police department. This process typically involves submitting a formal report detailing the incident and your concerns. It's important to be as specific and factual as possible in your complaint.

In addition to filing a complaint, you might want to consult with an attorney experienced in civil rights or police misconduct cases. They can provide personalized advice based on the specifics of your situation and help you understand the legal options available to you.

Remember, every situation is unique, and the legal implications can vary. Therefore, getting professional legal advice is crucial to ensure your rights are protected and to explore any potential legal recourse you may have.

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