QUESTION
Was my fourth amendment right violated if I was searched against my will after being pulled over for traffic violation?
Asked on Nov 07th, 2012 on Criminal Law - New York
More details to this question:
If so what are my chances of filing and winning a lawsuit against the city? I was detained for about 45 minutes and constantly asked could he search my car, which I did not allow because there was no reason and no warrant. I was told the reason I was pulled over was my license plate light was out.
6 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Can't say without knowing the facts of your case.
Answered on Jun 13th, 2013 at 12:58 AM
You need to ask yourself, can you afford spend hundreds of dollars per hour in legal fees to sue the city? In a case that you're probably going to lose
Answered on Nov 08th, 2012 at 1:48 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Was there a search and what was found There might be a valid motion to suppress, but I doubt that you can sue the city.
Answered on Nov 08th, 2012 at 1:45 PM
Criminal Law Attorney serving Bloomfield Hills, MI
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Ryan Berman Esq.
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It sounds like you have a case against the city. You can contact me to discuss this more.
Answered on Nov 08th, 2012 at 1:44 PM
Michael J. Breczinski
Yes he violated the unreasonable search rule. THe question that will be asked is what are the damges.You need a civil rights attorney or someone from the ACLU.
Answered on Nov 08th, 2012 at 1:44 PM
John J. Carney
The police may not search your car unless they arrest you, have a warrant, have probable cause, or reasonably believe that a crime has been committed. That is why they will try to manipulate a person into giving consent to search, and most people will eventually give in after a while. If they consent if coerced it may not be considered valid and the search will be considered illegal. Any contraband that is seized will be suppressed at trial if it is the product of an illegal search. You do not have any damages and the 45 minutes you spent being detained will not be sufficient to sue for money damages and no lawyer is going to take a case unless there are sufficient money damages.
Answered on Nov 08th, 2012 at 1:43 PM