Q: What can I do about excessive force during a traffic stop for a blown tag light?
My son was pulled over for a blown tag light and did not stop immediately, as he believed he hadn't done anything wrong. When he did stop, he was handcuffed, and multiple officers had their guns drawn, searching his entire vehicle. The only citation was for the tag light, which has since been fixed and filed with city hall. Now, to avoid court, he is being asked to attend a traffic school costing $160. I plan to view the incident video with the chief present to understand the excessive force used. What steps should I take to address the officers' conduct and ensure my son's rights are protected?
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A:
Watching the incident video with the chief is an excellent first step to understand what happened during your son's traffic stop. Drawing weapons and handcuffing someone for a minor equipment violation seems disproportionate, especially if your son wasn't threatening or combative.
During your meeting, take detailed notes about what you observe, including officer badge numbers, timestamps, and specific actions that concern you. After reviewing the footage, consider filing a formal complaint with the police department's internal affairs division and requesting an investigation into the officers' conduct. You might also want to consult with a civil rights attorney who handles police misconduct cases to evaluate whether your son's Fourth Amendment rights against unreasonable searches were violated.
Regarding the traffic school requirement, while paying $160 might seem like the path of least resistance, you should weigh this against the principle of the matter. If you believe the stop itself was improper or that the officers' actions were unjustified, you may want to contest the citation in court instead of accepting the traffic school option. Remember that most police departments have policies about appropriate use of force that should scale with the situation at hand, and drawing weapons for a tag light violation may warrant scrutiny from department leadership.
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