QUESTION
What rights do I have against police harassment?
Asked on Aug 28th, 2011 on Criminal Law - Michigan
More details to this question:
My 18 year old son has never been arrested, but lately we have had some shootings around our area. Now it is like every time he walk town the street they stop him and search him never finding anything! We are so sick of this. Do we have rights?
19 ANSWERS
Criminal Defense Attorney serving Omaha, NE
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Nelson Law Offices
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No.
Answered on Jun 09th, 2013 at 7:59 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes. Hire a lawyer.
Answered on Jun 09th, 2013 at 7:48 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry You should have the case reviewed by an attorney who files suit against police for civil rights violations. A video of one of the stops would be helpful. I hope that this was helpful.
Answered on Sep 01st, 2011 at 10:37 AM
Jacob P. Sartz
Yes, you have rights. The police are only supposed to conduct a search or pat-down under certain circumstances, i.e, if they have reasonable suspicion of criminal activity. If you believe your son may be targeted by the police because of his race, you may have grounds for a potential civil complaint or may be able to file a complaint against the particular officer through their administrative process. I'd recommend you contact a civil rights attorney.
Answered on Aug 31st, 2011 at 1:38 PM
Elvin Garry Grundy
Contact the City of Phoenix Professional Standards Bureau with complaints and commendations as to local law enforcement activities. You can call them on nights and weekends. Contacting the PSB with your law enforcement experiences only enhances our community policing efforts, and works to protect the integrity and dignity of our neighborhoods.
Answered on Aug 31st, 2011 at 9:21 AM
Kevin Michael Smith
You do have civil rights to be free from unlawful searches and seizures under both the federal and state constitutions. You should contact an attorney who practices both criminal defense and civil rights law to discuss your case in confidence, as you may be able to bring an action to prevent this kind of harassment.
Answered on Aug 30th, 2011 at 2:46 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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If I were you I would make a complaint to the police chief or precinct commanding officer.
Answered on Aug 30th, 2011 at 2:43 PM
He has the fourth amendment right to be free from unreasonable searches. Unless he is on parole or probation the police need reasonable cause for the search. An attorney can help you with this problem.
Answered on Aug 30th, 2011 at 2:18 PM
Technically, you have rights. However, you may have to engage a lawyer to put the department on notice that if they continue the same way, you may sue them.
Answered on Aug 30th, 2011 at 2:05 PM
Roianne Houlton Conner
I suggest that you make a complaint with the Internal Affairs Division of the law enforcement agency involved.
Answered on Aug 30th, 2011 at 1:16 PM
Your son should not be harassed for no reason. You may wish to speak with a commanding officer or the chief about the problem. If that does not help, then you should speak with a lawyer.
Answered on Aug 30th, 2011 at 12:30 PM
Michael J. Breczinski
Contact an attorney that deals in civil rights and maybe the police can be sued to stop the harrasment.
Answered on Aug 30th, 2011 at 8:47 AM
Law enforcement does not have the legal right to stop and search anyone without probable cause that a crime has been committed. If this is happening you need to document the events and complain to the head of your local law enforcement in writing.
Answered on Aug 30th, 2011 at 7:24 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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File a complaint with I/A -That is the Internal Affairs Department section of the police department. Youwant to do this for TWO reasons: it MIGHT get a superior to tell them to lay off; Also, if someone else gets charged for a crime and files what is called a "Pitchess Motion" (discovering the cop's history of lying, brutality, etc) your complaint will have to be revealed to this defendant and his attorney might use it in his case. ALWAYS report police abuse and tell all your friends to do the same. In some jurisdictions ifa cop gets enough complaints against him which the I/A finds are legitimate he can be sanctioned and even fired.
Answered on Aug 30th, 2011 at 6:48 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The police are allowed to stop a pedestrian and ask for identification and search the individual if they have any suspicion of wrongdoing. This is for their safety. The complete rules about a "stop and frisk" are actually complex. But, is it worth the inconvenience if it helps them get the guns off the street and keeps your Son from being the next victim? Aren't you glad that the police are cracking down? I would be very fearful for my two boys if I were in your shoes.
Answered on Aug 29th, 2011 at 9:05 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I don't know the facts of your son's situation. He may be a "person of interest". Your best bet is to retain the services of an attorney.
Answered on Aug 29th, 2011 at 9:02 PM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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The short answer is yes. From a practical standpoint is it not always possible to do anything about police harassment. I would suggest getting an attorney to send a letter on your son's behalf to the police department to put them on notice that further ab use of your son's civil rights will not be tolerated. If you document the harassment well, at some point you may have enough for a lawsuit.
Answered on Aug 29th, 2011 at 8:59 PM
Yes. Everyone has the 4th Amendment right to be free from search and seizure. Unless the cops have a warrant or probable cause, they cannot search your son without his consent. Makes sure your son knows to say, "I do not consent," or else it will just be treated as implied consent.
Answered on Aug 29th, 2011 at 8:50 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It depends on the reasons as to why they are stopping and searching him. Since no facts are given, it is impossible to determine. The police are justified in certain instances to do a brief detention and search, but only under limited circumstances that are permitted by the Fourth Amendment. If you believe you are being harassed, then file a complaint with the police department and document every incident that occurs. If it keep persisting, then you should consider having a consultation with an attorney experienced in doing civil rights suits.
Answered on Aug 29th, 2011 at 8:37 PM