QUESTION
My Girlfriend and I were pulled over under false pretenses for a traffic citation in Volusia County FL, and harrased by a officer. Civil Case?
Asked on Sep 27th, 2018 on Civil Litigation - Florida
More details to this question:
While on vacation in July, 2018 in Volusia County, FL, my girlfriend and I were pulled over by local law enforcement (Daytona Beach Shores) under false pretenses. The officer told us that her license plate light was out, when in fact it was not. The officer then began to harass and accuse us of possessing narcotics, which we had nothing in the vehicle or in our possession that would warrant his harassment. So at this point he ran our IDs, to see if we had any convictions that would warrant a search of the vehicle. When the officer came back to the vehicle, he gave my girlfriend, who was the driver, a warning ticket for the license plate light and gave me a seat belt violation ticket and did not search our vehicle. I noticed that the officer issued me a ticket, which has the wrong ID # on it and states that I received a seatbelt violation for the drivers seat. Would we have a civil suit against the local municipality for harassment and improper procedure?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Not particularly, unless this was documented by video or on a body cam, and hopefully neither of you have prior drug issues. Otherwise claiming the tag light was not out when the officer says it was, while a basis to fight the ticket is a far different issues to claim some 1983 type claim.
Answered on Sep 30th, 2018 at 11:51 AM
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