Q: Were my rights violated during an incident after my fiancé's accident in Florida?
My fiancé fell off a golf cart driven by his friend and was knocked out. I was present and answered all questions from the paramedics. When he was loaded into the ambulance, I was not allowed to accompany him. Unfortunately, he coded, and I never saw him again. While at the scene, officers escorted me away, searched my bag without explanation, and asked if I had anything illegal. I was handcuffed and left in a cruiser for nearly 3 hours without being read my rights, later taken to jail, and placed on suicide watch for 36 hours. The state's attorney dropped all charges. I have a police report full of inaccuracies. Were my rights violated during this incident?
A: Sorry to hear about your ordeal. The police would need either "probable cause" or "reasonable suspicion" to justify the initial detention and would need probable cause to justify arrest/jailing. If not, your rights were violated, and you'd have a potential claim for money damages. Unfortunately you can't obtain legal advice on this matter by just making an online inquiry; rather, you must consult with a lawyer to discuss the entire incident in detail, and the lawyer must review all relevant records, including the arrest report, accident report, jail records, and court records.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
