Police Misconduct Legal Questions

the key is whether the police had a legal right to be in your backyard. if there was a noise complaint which could be coming from your backyard, the police can enter the backyard. if the police are there legally, they can use the flashlight for personal safety and observe what the light shows. the question is how far can they look with the light ? there are right at the border with the flight downstairs and looking into the house. what was seized when they looked into the house ? ed dimon, esq. 732-797-1600 ext 235... Read Answer

Not likely. There is a Chris Rock video your son should watch relative how NOT to get beat up by the police. One of them is not using profanity and disrespect with the police. There is obviously MUCH more to this story and this is why if your son wants to pursue a civil action against the police, he may have to pay lawyers out of pocket to do so. If you have questions, we provide FREE legal consultations at 1-800-922-6442.... Read Answer

Without going through all the attendant legal issues, I would say the short answer is very likely no, there is nothing you can do about the search of the car. If the sticker was expired, then the citation is justified. If you get the sticker up to date within 10 days of the issuance date on the citation, you should be able to get the ticket dismissed when you get to court. I think all they charge is a small fee of maybe $25 or something, after dismissing the case.... Read Answer

The practical answer differs from the legal answer, here. The practical answer is yes, the cops can pull you over for any reason, or no reason. It happens all the time.  The legal answer is no. If they don't have reasonable suspicion to stop you, the stop cannot be legally justified. But, you'll need an attorney to represent you. And to file a motion to suppress any evidence that was found. And you'll need to be in a court where the Judge will follow the law (which is hardly a guarantee). If not, you may, depending on the circumstances, be able to get the issue submitted to a jury. ... Read Answer

the police and emergency personnel are given wide discretion by the courts in 'wellness'/ 'health and safety' cases. for example, if the police were of the opinion that you could have died from alcohol or drug abuse, they can take a sample of your blood to determine the extent of the problem. ed dimon, esq.... Read Answer

i am assuming that the police had a judge authorized search warrant. if so, the judge authorizes the house to be searched and the method of getting into the house. i would have to review the search warrant and the supporting affidavits. the police are given wide discretion concerning 'no knock', 'flash grenades', 'damage to property while searching', etc. please let me know if we can help. the cost to review the search warrant, supporting affidavits and arrest warrants would be two hours or $780. ed dimon, esq. 732-797-1600... Read Answer

This may well be an invasion of privacy issue. Absent some criminal issue or some controversy between you and the neighbor, you may just want to apporach him like an adult and discuss withhim why he is doing this?if its a big enough issue, you may need to hire an attorney to help you withaa nusinace action against him or for an injunction.... Read Answer

LOL....this falls into the legal category of "fat chance". Assuming the cop violated FHP policy left and right, this would do nothing to get you a "clean record", if nothing else under the old adage of 2 wrongs dont make a right. If you are going to challenge this, you will have to spend a gooddeal of money hiring a lawyer to challenge the facts which may support that the cops actions were arbitrary, like 107 mph for both riders which is highly unlikely, and may damage his credibility for "pacing" you by showing he just made up a speed beause youwere going "real fast"... Read Answer

aggravated assault is a serious charge because the charge requires permanent damage if the assault involves a civilian.  if the assault is of an officer, the damage required is less. who was the victim ? how badly hurt was the victim ? the amount of bail will indicate how serious the judge and prosecutor are considering the charge. what is the bail ? ed dimon, esq. 732-797-1600 ext 235... Read Answer

First of all my answer does not establish an attorney/client relationship, and I do not solicit clients.  I am a lawyer  and board certified internist who practices both law and medicine in S.C.  Anything can be threatened by anyone, but you do not have to agree to take the polygraph.  Your information given is somewhat limited.  Why would a police officer threaten you with a polygraph if no crime has been committed.  I will assume that a crime has been committed, and you are a suspect.  The police could ask you to take a polygraph, but they could not threaten you with taking one.  Assuming they did, I would hire a criminal lawyer (I do practice criminal law), and let him or her do your talking for you.  No one can be forced to take a polygraph, and a polygraph is not admissable in court as evidence in S.C..  Do not take one, but hire a lawyer to protect your  legal rights.   Michael G. Sribnick, M.D., J.D.  Attorney at Law Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read Answer

the police have the right to testify about what they can see from thier vantage point in the house. the police can argue that they had to be in the bathroom or the kitchen for 'x' reason and while there they saw 'y'. the case is 'fact sensitive'. did they have a good reason to be a certain room ? ed dimon, esq.... Read Answer

I guess the bigger question is "was your brother staying there or were you coverning for him".  If the cops had a warrant, which it sounds like, there may have been some basis for them to inquire. It doesnt sound like they were looking at misconduct by the children or taking testimony from them as witnesses or anything. It would also matter if there was some coersion of some sort where the kids refused to speak but were forced to somehow and thier ages.... Read Answer

Citizens do have a way to sue the police, usually in Federal Court.  These cases can be complex and there are protections that officers have when in performance of their duties.   If you would like a more in-depth case evaluation, you may contact me through my profile and I will be happy to speak to you.... Read Answer

Sounds like not much to do. If the only witness you brought to court was a "little off" on his testimony, and you didnt bring any of the witnesses you were aware of from your street, the judge beleived them and not you. Witnesses that are left at home and dont show up in court dont exist for legal purposes and are useless, you must ALWAY subpoena people that will help you for court hearings.... Read Answer