QUESTION

Did they have probable cause and can I sue?

Asked on Feb 22nd, 2013 on Expungements - Florida
More details to this question:
I was recently arrested out of my home county on Tuesday for fleeing. Prior to this arrest, I had a completely clean record. It was 4:30 am and I was heading home. I was leaving the bar, but I was not inebriated. A rough estimate of my BAC at the time is 0.017. I wasnt even given any dui tests or breathalyzer tests. I immediately pulled over upon noticing lights in my rear view mirror. The officers told me to drop my keys on the ground and handcuffed me. The arresting officer interrogated me as to why I was fleeing while others searched my vehicle. I was not given the option of refusing or giving consent to search my vehicle. They found a marijuana pipe, but no drugs. Also, I do not believe I was read my Miranda Rights but I could be mistaken. The arresting officer never once told me why I was pulled over in the first place. I had no traffic violations, wasnt speeding, swerving, nor did I run anything. I got arrested and got two felonies: one for fleeing and one for paraphernalia. The distance from the bar to my arrest location is 1.3 miles, but they couldnt have been following me from the bar since they wouldve given me dui tests. Will I be drug tested for court?
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1 ANSWER

Criminal Law Attorney serving Altamonte Springs, FL at The Trabin Law Firm, P.L.
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You probably can't sue based on the facts you've indicated, but there may be more to it. Generally the police do not need to read you your rights simply because you are being arrested. In your situation, it sounds like they handcuffed you and were questioning you about fleeing, in which case you would have to have your rights read to you since that was a custodial interrogation. You definitely need a lawyer and it sounds like you have some various possible motions to suppress, both for the stop and for the interrogation. You should hire a private lawyer if you can because they will be able to provide more personal time and attention on your case. In all likelihood you will not be drug tested in court.
Answered on Feb 25th, 2013 at 7:11 PM

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