Jamestown, NY asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for New York

Q: Do I have a federal civil rights violation case against this officer and police officer?

When I was pulled over a cop came to the window and I asked him why did he pull me over. He then asked for my physical credentials. I took my time retrieving them because I wanted him to answer my question. I then asked a couple more times and he said ("because I can"). I responded back that he couldn't just do that without probable cause. Without him having my license yet, het said he pulled me over for a suspended license. I said how would you know that? He said, because I ran your license. I said, who's license because you don't even know who I am yet. He said, that's why I need your license. I said I thought you said my license was suspended. I also asked what's the age of the driver? What's his race? He said, the system doesn't have a picture. Irregardless is a license is suspended or not, was this a clear Federal violation of my civil rights? He also stated he was following me all day. I asked if his and his partners boy cam was running and they both said yes.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry you went through that experience. It’s important to understand that police officers need a valid reason or probable cause to initiate a traffic stop. If the officer couldn’t clearly explain why you were stopped or relied on vague reasons like "because I can," this might raise questions about the legitimacy of the stop.

Your concerns about how the officer knew your license was suspended and the lack of proper identification are valid points to consider. Additionally, if you felt that your interactions were influenced by factors like your race or if you were being followed without clear justification, these could be relevant to your situation.

To determine if you have a federal civil rights violation case, it would be best to consult with a qualified attorney who can review all the details and evidence. They can provide guidance on the strength of your case and the appropriate steps to take next. Documenting everything that happened and any available recordings will also be helpful in building your case.

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.