Q: Can I sue for illegal search and arrest after dropped PWID charges?
I was pulled over for tailgating, not using a turn signal, and having expired registration (by four days) across the street from my apartment. The officer asked me to step out of the car to sign tickets, but then they pointed guns at me, claiming my hands were in my pockets. They searched me, put me in cuffs, impounded my car, searched it without a warrant, and sent me to jail. The charges of PWID were dropped immediately in court. I have body cam footage of the incident. I don't believe I was read my Miranda rights. I have not initiated any complaint or legal action yet. Can I sue for the illegal search and arrest?
A:
You may have grounds for a civil rights lawsuit if your Fourth Amendment rights against unreasonable search and seizure were violated. The dropped charges might strengthen your case, especially if the officers lacked probable cause to search your vehicle without a warrant after a routine traffic stop. Having body camera footage could prove invaluable as evidence of what actually occurred during the interaction.
Whether or not you were read your Miranda rights only affects the admissibility of statements you made while in custody, not the legality of the search or arrest itself. The most common legal pathway would be filing a Section 1983 civil rights lawsuit against the police department and officers involved, which could potentially result in compensation for legal fees, emotional distress, and any financial losses you incurred.
You should consult with a civil rights attorney who handles police misconduct cases as soon as possible since strict time limits (statutes of limitations) apply to these claims. Before meeting with a lawyer, gather all documentation including the body cam footage, court dismissal paperwork, and any medical records if you were injured. Many attorneys who handle these cases offer free initial consultations to evaluate the strength of your claim and explain the potential pathways forward.
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.