Q: After picking up my g-son being harassed by police, can they follow us and pull me over n force us out my car @ gunpoint
A false report was filed on my son by deranged girlfriend. Police went to my sons home. My grandson answered the door. They asked him his name. He told them he was a junior they made him come outside handcuffed him, took his phone, put them in back of the police vehicle. His girlfriend called me at 2:03 AM October 20, 2023. That’s when I headed over there @ 2:19 AM. There were lots of police there, my grandson told the officers I was his grandma. The officers blocked me in when I pulled up I was ask who was inside I said I don’t know I don’t live here. The officer said that my son was driving a two door Honda accord. I have a black four-door Lexus after talking to officers for about 10 minutes. I asked if that was it so I can go back home once my grandson and I got in my vehicle. The officer backed up so I can back out because I was blocked in. At 2:27 AM. heading down E. Commerce Way the officer continued following me. We heard lots of sirens. That’s when we were forced out @GP
A:
Law enforcement officers have the authority to pull over a vehicle if they have reasonable suspicion of a crime or a traffic violation. However, the specifics of your situation, such as being followed and then stopped without clear reason, raise concerns about the legality and propriety of the police actions.
It is important for you to know that the police must have a justifiable reason for stopping a vehicle and for detaining its occupants. Drawing a weapon and ordering occupants out of a car is considered a high-risk stop and typically requires a reasonable belief of a serious threat to officer or public safety. Without such justification, this could be considered excessive.
If you believe that your rights or your grandson's rights were violated, it would be wise to document everything that happened, including times, locations, and the officers' actions and statements. You can file a complaint with the police department's internal affairs division or seek advice from a legal professional experienced in civil rights law. They can provide guidance based on the specifics of your case and help determine the best course of action.
A:
the answer is...it depends!
what facts were the police acting upon?
does son or girlfriend have a history/record of doing this or anything else?
what was their Probable Cause for stopping, cuffing etc
the police report will enlighten everyone.
consult with a local lawyer who has contact to find out info informally.
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.
