Q: 12/17/2023 @ 15:30 My wife and grandchild 2 1/2 old Kasey where arrested at gun point walking home
12/17/2023 @ 15:30
My wife and grandchild 2 1/2 old driving home After Heavy rain while turning Left to a highway hit a deep water puddle causing her to lose control hitting a fence then front end into a tree. grandma decided to walk the 200 yards home The accident woke up child crying. The walk would help child to stop crying and help calm herself too. Half the walk completed she hears Stop. Grandma turned to see in shock 2 police cars with officers behind the doors with guns pointed at her yelling stop turn around and walk towards them and put the child down. Grandma was in shock and no way was she goings to separate herself from child already crying and cars driving at 55 mph 10 feet away along the highway. Grandma walked towards the officers they separated child from her. Grandma was put in handcuffs and separated from child after pleading not to do so. I have done nothing wrong. No crime. police gave her her rights. Grandma committed no crime. Error by police.
A:
In California, if your wife was arrested without committing a crime, it could potentially be a case of wrongful arrest. The law requires police to have probable cause to make an arrest. This means they must have a reasonable basis for believing that a crime has been committed.
In situations like this, it's important to document everything that happened during and after the arrest. This includes the officers' actions, what was said, and any other details about the incident. Gathering witness statements, if available, can also be helpful.
You should consider consulting with an attorney who has experience in civil rights law, specifically in cases involving police conduct. They can assess the details of the incident and advise you on the best course of action, which might include filing a complaint against the police department or pursuing a civil lawsuit for wrongful arrest.
It's also crucial to follow up on the care and custody of your grandchild to ensure their safety and well-being following such a traumatic event. Make sure to address any immediate needs they may have.
Remember, each case is unique, and legal advice should be tailored to the specific circumstances of your situation. An attorney can provide guidance on how to proceed and represent your family's interests in this matter.
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