Forest Park, IL asked in Civil Rights and Constitutional Law for Illinois

Q: We’re my civil rights violated?

I was pulled over and detained at gunpoint by police, they alleged my plates and car matched desc of vehicle in shooting that happened in Oswego, IL (approx 20miles away) that hit off a LPR in Woodridge, IL. They threatened to shoot me and told me don’t reach for the gun and a bunch of other expletives. They cuffed me put me in car and drove off, then returned to the scene and released me with an apology, the sergeant made a mistake with the LP#. I went directly to police station to file a complaint. I asked the Deputy chief at police station was the vehicle in question a VW atlas, gray in color like mine, with same plates that hit off LPR and he said it was a VW Tiguan with similar plates. This is unacceptable and I’m completely traumatized.

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

A: In your situation, determining whether your civil rights were violated involves assessing if the police conduct was reasonable under the circumstances. Being detained at gunpoint can be a severe and traumatic experience, especially when it turns out to be based on a mistake. However, the legality of the police action largely depends on whether they had reasonable suspicion or probable cause to believe you were involved in a crime, based on the information they had at the time.

The fact that the vehicle description and license plate number were similar to those involved in a recent shooting could provide the police with grounds for a stop and temporary detention. However, the manner in which the stop was conducted, particularly the use of threats and expletives, might raise concerns regarding excessive force or unprofessional conduct.

Given the traumatic nature of your experience and the potential issues regarding the handling of the stop, it would be advisable to consult with an attorney who is experienced in civil rights and police misconduct cases. They can help evaluate the specifics of your case and advise on the appropriate course of action, which may include filing a lawsuit for violation of your civil rights or seeking other remedies. Remember, each case is unique, and a thorough legal analysis is essential to determine the best way to address your concerns.

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