QUESTION
My son was falsely arrested and DA dropped the case, how do we sue for illegal search and false arrest?
Asked on Dec 10th, 2012 on Criminal Law - California
More details to this question:
At the police station, my son was told if he helped them find someone he used to hang out with, they'd drop the charges. His car was searched after being pulled over for speeding. No drugs were found in the car. No traffic violation was written. The officer used a pocket knife to scrape the bottom of his shoe. When tested it turned green in a solution, they charged him for possession of drugs and "switchblade". I know his knife - it's not a switchblade. He's been working very hard to stay clean and straight. We want to sue them for illegal search, and false arrest. At the least can we take them to small-claims to get back the bail bond deposit? How do I proceed? Criminal or Civil lawyer?
7 ANSWERS
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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That sounds like a tremendous waste of your time, money and effort. It is extremely difficult to successfully sue the police if they had some basis to arrest your son (e.g. he was in possession of a knife that had some spring or gravity-assisted opening device). I think most people are shocked to learn that the knife they bought at the store is arguably illegal. Why do you believe the search of your son's vehicle was illegal? The law regarding searches and seizures is mind-blowingly complicated and intentionally crafted to favor the police. I'd need a lot more info before I could tell you whether or not you have a case there.
Answered on Dec 14th, 2012 at 3:26 AM
Michael J. Breczinski
You need to find a civil rights type lawyer.
Answered on Dec 14th, 2012 at 2:00 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You cannot sue for false arrest on these facts. Consult with an attorney in your area.
Answered on Dec 14th, 2012 at 12:36 AM
You pay an attorney a couple hundred dollars per hour for several months. That's how.
Answered on Dec 13th, 2012 at 9:23 PM
James Edward Smith
No. Only can sure for violation of civil rights if that happened.
Answered on Dec 12th, 2012 at 2:38 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You need a civil rights lawyer. He needs to serve a Notice of Claim (or similar document if the State Police) within 90 days of the arrest.
Answered on Dec 12th, 2012 at 2:06 PM
Did you ever obtain a certificate of innocence? That should be the first step.
Answered on Dec 12th, 2012 at 2:05 PM