What are my rights if I was walking down the street, the police drove by, I flipped them off, they got out and pushed me against the car and started searching me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I was walking down the street, the police drove by, I flipped them off, they got out and pushed me against the car and started searching me?
They didn’t say why they were searching me, simply that I was walking in the middle of the street, which is exaggerated because there was no sidewalk to walk on so I was simply walking next to the curb. The officer said, “I’ve seen you before”. I had a taser on me, which is legal in my state, but they still used this as an excuse. They put me in the car without reading my Miranda rights and left me in a cell for about 7 hours. They tried to keep me for 2 days but the next shift of officers released me saying there was no need for bail. They simply gave me a notice to appear at court in 12 days. Is this a case of wrongful arrest and, if so, how do I go about proving it?
Asked on October 12, 2012 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although your "hand gesture" conceivably may have been Constitutionally permissive under the right to freedom of speech, such conduct with respect to law enforcement done for no apparent reason us poor judgment on your part.
If you believe that your Consitutional Rights were infringed upon by virtue of your arrest where you now have an upcoming court appearance, I suggest that you consult with a criminal defense attorney to strategize as to what your legal options are. The key is to get the criminal charge dismissed and once dismissed then tackle in the civil arena the alleged wrongful arrest.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.