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for example i just got out of jail a corrupt cop pulls me over to illegaly search and harrass me he already has my name on his computer knows i dont have any warrants but in order to harrass and illeaagally search me he staops me and tells me i have a warrant i start arguing screaming crying and cussing him because i think im getting hauled off to jail when i dont even have a warrant then the pig or cop says well maybe its a mistake on the computer let me run your name thru dispatch two minutes later i hear his radio say subject clears then after searching me finding nothing he says well turns out it was a mistake have a nice day i would like this cop to lose his job and i would like reparations for this type of harrassment

2006-08-30 12:00:59 · 18 answers · asked by thugginonthascenewithawarrant 1 in Politics & Government Law Enforcement & Police

18 answers

You need to get a lawyer and speak to them about this.

2006-08-30 12:14:31 · answer #1 · answered by Anonymous · 0 1

Well first of all, the legality/illegality of the search is up to the courts to decide, not you. Regardless, legal/illegal searches are not the subject matter for lawsuits. A continual pattern of repeated harrassment under USC Section 1983 is possible, but very hard to make. Further, as you've been in jail, it is quite possible that this information would be presented to a jury hearing your claim. Third, the courts are ill-disposed to such claims as being frivolous, so your chances of surviving some sort of preliminary dismissal motion is slim.

Also, you'd have to prove damages, extremely difficult. Damage to reputation is probably out because you've already been to jail on other issue(s) and other damages seem either unlikely or so small as to make the case not worth filing from an attorney's perspective.

Finally, pissing off the cops is never a good idea. They generally stick together, have no problem lying to save their own or other cops asses, or using lies to harm you.

Move to another town and fly right.

2006-08-30 12:50:53 · answer #2 · answered by TurboLover 2 · 0 0

While certainly an inconvenience, the officer did nothing legally wrong. As long as he had probable cause to stop you, running your name through dispatch and finding an active warrant on you, gave him enough additional reason for the search pursuant to arresting you for the warrant. That dispatch notified him that the warrant was no longer active before he took you to the jail is lucky for you.

If you have ironclad proof that the office knew you had no warrants, had no probable cause to stop you, etc., then you should file a complaint. Do that through the police department’s internal affairs office. If you do not trust IA to investigate the officer, file your complaint with your local prosecuting attorney’s office. Bear in mind that you need proof that the officer had knowledge of something. Proving that someone has knowledge or does not have knowledge of something is difficult.

When a police officer does his/her job according to established laws and procedures, an apology is never required. That the officer apologized for the inconvenience is more than most people get in similar situations.

As far as searching your person or your vehicle, in most states an officer may search your person to ensure the officer’s safety. Beyond that, you may decline the offer to search your vehicle. Since the officer may call in a K-9 unit, you need to be sure that nothing in the car will cause the dog to alert.

Good luck!

Will D
Enterprise AL
http://www.notagz.com

2006-08-30 12:19:34 · answer #3 · answered by Will D 4 · 0 0

Thats not being corrupt. That is protecting the public.
It is not illegal for a cop to search you if s/he has reaonable cause, and knowing that you have just been released from jail and may suspicous of you, he can search you.
You dont have a complaint here unless he did something to seriously injur you or emotionally disturb you, which s/he did not.
I suggest that you quit looking for reperations and accept the fact that you will be probably be looked at as suspicous for some time until much time passes, especially if you live in a smaller city where cops get to know you.
I also suggest that you get an education and learn how to write/type. You're paragraph is one continuous sentence. You should get a job and worry about your life and what you can do to improve your quality of life. Take responsibility for your actions and quit looking for others to blame. I wish you good luck and hopefully you will learn that people, including cops, make mistakes. If there was a lawsuit and/or a complaint for every mistake a person made, our society would be filled with grudges and angry people. Good luck to you in the future.

2006-08-30 12:10:10 · answer #4 · answered by Anonymous · 2 1

There are some important things to have before filing, or contacting the officer's department. Have the officer's name and badge number along with the exact time and location where this mistreatment occurred as well as names of any people that were there to witness it. If you do not have the officer's name and badge, the time and location along with a very detailed description of the officer may suffice.

2016-03-27 01:40:34 · answer #5 · answered by Anonymous · 0 0

I'm sorry that happened to you but I think you still have a lot of anger to come to terms with. Perhaps you could use some counseling.

Let the situation with the cop go. Move on with your life. And try to live a clean life below radar level for awhile. Stay out of trouble.'

Best wishes to you.

2006-08-30 12:09:40 · answer #6 · answered by Bluealt 7 · 1 0

You should have definately gotten his name and badge number. I have Prepaid Legal Services and with my coverage I am provided with a Legal Shield card. The crad states that:
"If it your intention to question, detain, or arrest me or if you intend to remove my children from my custody, or serve me with a warrant, please allow me to call my attorney immediately. This person is a member of the Legal Shiled program and has 24 hour telephone access to legal representation."
Honestly I don't fear cops at all anymore. If you are frustrated and tired of being bullied by law inforcement, you should have a look at the Prepaid Legal services and Legal Shield Program.
for more information:
http://www.prepaidlegal.com/hub/millionairehoy

2006-08-30 12:38:33 · answer #7 · answered by Millionaire Hoy 2 · 0 0

First of all your actions were ridiculous for an adult to do. You blew any chance at redemption by being an out of control hot head.

You should have said nothing, got his badge number went to court and fixed it and saw a lawyer. Freaking out isn't the way to go by it not matter how upset you are.

2006-08-30 13:03:42 · answer #8 · answered by Ice4444 5 · 0 0

Lawsuits require damages, you don't have any monetary loss because of his mistake. You were detained for about 10 minutes, big deal.

He's not going to lose his job over stopping someone who's a known criminal in the area. You're in no position to complain, sorry.

2006-08-30 12:11:55 · answer #9 · answered by Anonymous · 2 0

Sounds like the cop made an honest mistake and sounds like you will do something stupid soon enough and will wind up in jail anyway. Have a nice day.

2006-08-30 12:05:26 · answer #10 · answered by Anonymous · 2 2

I honestly think you should turn him in ...not that anything will be done about it but hey you can try ...but I really dont think this is the place to do it buddy..this is yahoo answers not your local court house

2006-08-30 12:20:12 · answer #11 · answered by ptmamas 4 · 0 0

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