Q: IF I WAS STOPPED FOR A SEATBELT THAT I HAD ADJUSTED AT A RED LIGHT DUE TO BEING TWISTED UP CAN IT BE BEAT
DURING THE STOP I TOLD HIM HE COULD NOT SEARCH MY VEHICLE BUT HE DID ANYWAY AND USED EXCESSIVE FORCE HURTING MY SHOULDER WHAT CAN I DO
A:
In Kentucky, if you were stopped for a seatbelt violation that you believe was unjustified, you can contest the ticket in court. During the hearing, you can explain the circumstances, such as adjusting your seatbelt at a red light, and present any evidence you have to support your case. It's helpful to document the details of the incident, including the time and location of the stop, and any witness statements if available.
Regarding the search of your vehicle and the use of excessive force, these are serious concerns. Police officers are only allowed to search your vehicle without your consent under certain conditions, such as having probable cause or exigent circumstances. If you refused consent and there were no other legal grounds for the search, this might be a violation of your Fourth Amendment rights.
Document any injuries you sustained and consider seeking medical attention. This documentation can be important if you decide to pursue legal action.
You should consult with an attorney who can advise you on both the traffic ticket and the potential civil rights violations. An attorney can help you understand your rights, represent you in court, and guide you on the best course of action, including the possibility of filing a complaint against the officer for misconduct.
Remember, each situation is unique, and an attorney will be able to provide advice tailored to your specific circumstances. It's important to act promptly to ensure your rights are protected.
Timothy Denison agrees with this answer
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