Florida Police Misconduct Legal Questions

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100 legal [2, *]questions have been posted about police misconduct by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include law enforcement. All topics and other states can be accessed in the dropdowns below.
Florida Police Misconduct Questions & Legal Answers
Do you have any Florida Police Misconduct questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 100 previously answered Florida Police Misconduct questions.

Recent Legal Answers

Does an off-duty police officer involved in an accident have to identify his self immediately in Florida?

Answered 5 years and a month ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Why? He is "off duty". Did you disclose your employment status to the officer at the scene?
Why? He is "off duty". Did you disclose your employment status to the officer at the scene?
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Sorry  - your question makes no sense. Try coherent sentences and providing some actual facts about what happened.
Sorry  - your question makes no sense. Try coherent sentences and providing some actual facts about what happened.
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Not much thats cost effective at this point if you are dealing with a thief. You could hire a lawyer to sue for its return if you want to spend the money. 
Not much thats cost effective at this point if you are dealing with a thief. You could hire a lawyer to sue for its return if you want to spend the... Read Answer

Can a police task force harass me and follow me everywhere I go?

Answered 5 years and 6 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
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You must get evidence to corroborate what you say is occurring.  Video record!   And you can cover your peephole
You must get evidence to corroborate what you say is occurring.  Video record!   And you can cover your peephole

Can I sue police dept for intentionally letting my attackers run off

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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No. There is soverign immunity for what you describe. Added to that a lawsuit involving an officer can't identify, with no report and based on the bizarre facts you describe goes no where absent being able to ID the parties, not to mention the rest of the story as to WHY 3 women would intentionally knock you off your bike and try to fight you. ... Read Answer
No. There is soverign immunity for what you describe. Added to that a lawsuit involving an officer can't identify, with no report and based on the... Read Answer

How do I find out the names of two police officers?

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You would have started with thier names on thier uniforms and the numbers on their badges. Other than that "some cops came to my house and interrogated me" gets no where and you claim they "fled" when your father claimed chest pain - makes this post suspicious as thats not consistent with what law enforcement officers do. You can file a complaint with internal affairs and see where that goes - but it will be difficult if you can't ID the officers otherwise.... Read Answer
You would have started with thier names on thier uniforms and the numbers on their badges. Other than that "some cops came to my house and... Read Answer

Can you sue a police department for not doing there job and hurting you by not doing it?

Answered 6 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Not generally no - but thre are exceptions depending on the details.
Not generally no - but thre are exceptions depending on the details.

I would like to file suit against the police department

Answered 6 years ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Sorry - but law enforcement are not taxi services to "take you to your daughter's place" regardless of where you live or are from.  As to the being treated poorly you can make a claim with internal affairs for the agency at issue and they will address that. If there was an issue about whether or not to charge the guy that attacked you, you can address that within the hierarchy of the agency that responded or the local State Attorney. Otherwise, there is no basis to sue people because you are not treated kindly.  ... Read Answer
Sorry - but law enforcement are not taxi services to "take you to your daughter's place" regardless of where you live or are from.  As to the... Read Answer
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There is nothing an attorney can do for you.   If you retain an attorney, the attorney can visit him.   You can try the public defender's office. They may be able to help
There is nothing an attorney can do for you.   If you retain an attorney, the attorney can visit him.   You can try the public... Read Answer

Fl. 489.126

Answered 6 years and 3 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
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You did not state the charges were dismissed. If still pending there is no case.   If there was probable cause for your arrest (not necessarily enough to convict), then there is no false arrest case.   Requirements in civil case like certified mail, do not apply to criminal cases.   There is no requiement for investigator to call you.... Read Answer
You did not state the charges were dismissed. If still pending there is no case.   If there was probable cause for your arrest (not... Read Answer

Am I speaking to a lawyer now

Answered 6 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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Not sure what you're expecting to happen here. If you agreed to be a snitch and the neighborhood found out about it, thats not something you get far trying to blame law enforcement for. If you contend there was an illegal S&S you should have retained a lawyer right then and dealt with it directly. If you want to spend the money you can always hire a criminal lawyer or civil rights lawyer at some expense to answer any questions you have. ... Read Answer
Not sure what you're expecting to happen here. If you agreed to be a snitch and the neighborhood found out about it, thats not something you get far... Read Answer

Can a police officer have you stripped while fully shackeled to a bed then continue to take photos of you

Answered 6 years and 4 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
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I suggest you consult with a lawyer regarding this. It sounds like a violation to me.   In lieu of that you can always file an internal affairs complaint.   Perhaps obtaining a copy of the police reports, the photographs and the hospital records first may also be a good idea
I suggest you consult with a lawyer regarding this. It sounds like a violation to me.   In lieu of that you can always file an internal... Read Answer

Are my rights being obstructed

Answered 6 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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You may need to make a formal request under Fla. Stat. 119 and if they won't provide the records, sue for enforcement if they claim an improper exemption. You will likely need to retain a lawyer for that purpose. 
You may need to make a formal request under Fla. Stat. 119 and if they won't provide the records, sue for enforcement if they claim an improper... Read Answer

Who's gonna police the police

Answered 6 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   2 Answers
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Sorry - if you are describing that you are living in a "homeless camp" and complaining of "discourteous" treatment by law enforcement - hate to tell you, but short of SanFrancisco, any where else you are, any coherent person will treat occupants of such "camps" with a healthy dose of caution, as they are most often populated with drug addicts, criminals and mentally unstable occupants at very high ratio. Thats simply part of the deal when you are living in the vagabond environment as they are VERY volatile living conditions which is why they are last resort situations.... Read Answer
Sorry - if you are describing that you are living in a "homeless camp" and complaining of "discourteous" treatment by law enforcement - hate to tell... Read Answer

what can i do about false written police affidavit

Answered 6 years and 7 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
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Sounds like a scrivener's error   Retain a lawyer!   By the way it is refuting  
Sounds like a scrivener's error   Retain a lawyer!   By the way it is refuting  
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I am not going to second guess his lawyer which is to whom you should be speaking
I am not going to second guess his lawyer which is to whom you should be speaking

Victim of police misconduct

Answered 6 years and 11 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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YOu will need to use the find a lawyer feature to retain a criminal defense lawyer ASAP.
YOu will need to use the find a lawyer feature to retain a criminal defense lawyer ASAP.

I would like to know if any Attorney in Jacksonville,Florida handles police neglect

Answered 6 years and 11 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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The facst presented do not support a lawsuit of any type and there are clearly missing facts that have been withheld or nor presented. You cannot obtain poroper legal advice just providing the facts that you like and not revealing the ones that are bad. The other side gets to talk too and it would suck for you to spend lots of money on legal fees on such a claim or case only to have the othersie reveal facts that damage your case. ... Read Answer
The facst presented do not support a lawsuit of any type and there are clearly missing facts that have been withheld or nor presented. You cannot... Read Answer
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"Friend of mine recorded the bruit force with which I was handled." and therein my be the issue. The question as phrased begs the obvious answer of "No, they can't slam you to the ground for no reason". That stated, one will need to review the cell cam AND if available the body cam, especially when alcohol is involved in the issues. Your recollection of cooperating may be different than revealed otherwise. You should meet with an injury or civil rights lawyer to review the video and go from there. ... Read Answer
"Friend of mine recorded the bruit force with which I was handled." and therein my be the issue. The question as phrased begs the obvious answer of... Read Answer

How much does this ask a lawyer service cost?

Answered 7 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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First, this is not your problem as you reference the interactions with strangers. Second, that YOu delcare them to be pedofiles does not make them so. Unless the are convcted and registered sex offenders all you have are unsbstantiated allegations. You can try themedia angle but they wont care about bare allegatuons either. Third unless you are willing to devote tens of thousands and possibly h8ndreds of thousands of dollars on such an endeavor, you are likely wasting your time. ... Read Answer
First, this is not your problem as you reference the interactions with strangers. Second, that YOu delcare them to be pedofiles does not make them... Read Answer

Is it legal for police to ask you to illegally record phone conversation to aid in investigation?

Answered 7 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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This would be illegal and its a good bet that you seriously misunderstood the suggestion.  It would be ok if you got him on the phone and THEY recorded it in proper fashion through a criminal investigation. That aside as the claimed perp is a minor, this has additional complications and it would be unlikely that you would get him to admit the crime in some admissible fashion assuming he woul dbe dumb enough to do so. You may want to hire a lawyer of your own to assist in your efforts so you dont botch up a potential prosecution. ... Read Answer
This would be illegal and its a good bet that you seriously misunderstood the suggestion.  It would be ok if you got him on the phone and THEY... Read Answer

I need a lawyer to represent me in 2 civil lawsuits against LEO

Answered 7 years and 8 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
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This would all depend on why the other lawyer quit and whether you are willing to pay legal fees and expenses to pursue the case. Such cases are very hard to justifiy on a contingent fee basis so you might have ahard time finding a lawyer unless you are willing to pay for the legal fees. ... Read Answer
This would all depend on why the other lawyer quit and whether you are willing to pay legal fees and expenses to pursue the case. Such cases are very... Read Answer
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Not on the facts above alone. You would need to address the mental health/substance abuse issue as a factor in this. If you were baker acted and determined to have issue, not likely as you stated you just decided to take off running and your detention may have been lawful at that point. ... Read Answer
Not on the facts above alone. You would need to address the mental health/substance abuse issue as a factor in this. If you were baker acted and... Read Answer
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There is more to this than related as to WHY your truck was not released from impound. Presumably it was either drug involvement or the vehicle was evidence in a crime. That information will determine what if anything can be done to address the issue. 
There is more to this than related as to WHY your truck was not released from impound. Presumably it was either drug involvement or the vehicle was... Read Answer
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This all revolves around the situation, what the video shows, and why you were presumably Baker Acted and who called it in.You will need to sit down with a lawyer and review the enitre video and the medical records to see what kind of case you might have.
This all revolves around the situation, what the video shows, and why you were presumably Baker Acted and who called it in.You will need to sit down... Read Answer