Florida Police Misconduct Legal Questions

Dear Jessica, I hope your husband is improving.  I am unable to determine an answer to your question as this fact pattern requires an in depth, private conversation concerning all facts and circumstances. However, I can recommend that you can contact a Personal Injury attorney for help to investigate all aspects of this accident including identifying and pursuing the at fault party as well as any other available insurance coverage which he may be entitled to and to receive necessary and proper medical care.   Check out our profiles. Many of us practice statewide and offer free initial consultations.... Read More

There are a WHOLE lot of disconnected issues at play in this fact pattern so its simply impossible to provide a response other than  - generally no, you cannot sue the police because they dont move fast enough or investigate hard enough. It sounds like there was a theft that was not reported until the items were found in the aunts house and an obvious family controversy going on that simply make this even more complicated. You will likely need to sue the aunt. ... Read More

You will need to hire a civil rights lawyer at some expense to review this. Other than that, it seems you intervened in a controversy that resulted in law enforcement being called to a domestic violence scene between two mentally chalenged people. They are not there to play "Dr. Phil".....when law enforcement is called to resolve such an issue - they are typically there to effect arrest and keep the perpretrators from harming others and that gets taken in to account also. You need to see if there were any videos associated with any prosecution or charges filed as that will be useful also. ... Read More

ahhhh the old "traveller" or PT concept right that lands right next to the cest a qui trust issues. There is no option to refuse "to do business" with law enforcement. Presumably there is more to this than related, but no there is no duress or coecion issue as by definition an arrest is coercive and against your will. ... Read More

Once a convict always a convict. There is no means to stop law enforcement from keeping tabs on convicted felons. This would have to arise tosome really invasive or abusive conduct and then your friend would need to spend a good deal ofmoney on a civil rights lawyer to take them to task over the issues. ... Read More

False arrest and police misconduct cases are my speciality.   Often, results in a criminal case may foreclose the ability to sue civilly.   If you were injured in 2014, the fact that you did not have the surgery as of 4.5 years later, if it is that serious, presents some difficulties.   in addition, to a 4 year statute of limitations, there are other time limits in police misconduct cases which may apply.    ... Read More

There are simply too many disconnected facts to address this in a blurb. By example, it strains credibility that your dughter and her freind would saunter on down to the locl PD to "see if they are in trouble" and some how end up filing carges on you. That stated, absent spending a great deal of money on legal fees to investigate and address the issues you raise, you may want to consider simply moving out of the jurisidiction. ... Read More

If police entered  a residence without authority or exigency, it could be considered an invasion of privacy and a violation of your civil rights under the Fourth Amendment. A lot depends on whether it was a mistake or an intnetional violation. Police reports, dispatch records, and 911 records are among the items needed to be reviewed. Police dispatch recordings are destroyed after 30 days generally  so requests for them should be made promptly. Where are you located?... Read More

This is simply a classic controversy between people calling 911 and seeking police intervention on family members and then later, when head clear, want to drop charges, only to find out that they dont want the results. You need to be VERY careful in this situation as this sounds more like you are trying to keep your one son from having to deal with criminal charges - and that may backfire badly as there is no question that a criminal batter occured, law enforcement showed up, and in theory BOTH sons could have been charged and may well be if this goes sideways. There is also a potential that you could be charged with obstruction or filing a false report by trying to retract what was claimed by law enforcement, who candidly have zero motive to have lied or exaggerated on the issue as they simply ould have charged BOTH with domestic violence/battery. To be clear - to law enforcement efforts to retact criminal charges after a domesitc event is so common that most locales make well known that if the victim sabotages the prosecution, THEY will catch charges, so people stop calling 911 and using law enforcement as DR. Phil. ... Read More

Not with the facts you provide and you know this. Knowing witnesses lie is not the same as proving it or the truth. Your best bet is to hire private investigators and gather evidence, if at all possible,  to present to the State to change thier mind. What describe sounds like a murder/suicide and as you know if they determine the perpetraror committed suicide after the murder, the investigation will not go far past that without lots of contrary evidence and motive. ... Read More

Starting point is - thats what happens when you refuse entry to law enforcement and they are forced to "barge in." Absent some video or evidence to contrary  - its fair to assume that she was resisting, 80lbs or not. When you are a criminal, petty theft or no, you're still a criminal so scrapping with the police is simply a bad idea and most people will have little sympathy over the issue in general. She can file an internal affairs complaint BUT it better be warranted as that goes over like a lead balloon if its a bogus claim against the cops  just trying to get out of a jam. ... Read More

"apparently Id have to die or commit suicide for anyone to look into the situations" This is typically because people charged with criminal conduct get little sympathy from juries, suing the state is VERY expensive and your damages are small, and absent a video or some clear independent and credible evidence - criminals have been known to lie a time or to to work the system, including fabricating or exaggerating claims of police brutality to avoid prosecution. Just watch any episode of COPS in contrast to the BLM videos on the internet, If you make an IAD complaint and they find probable cause or the officer disciplined or fired, that might help a bit ......but still a hard case, especially if your criminal history is not so hot.... Read More

seriously? Have you nothing more important to worry about? Dim or out, you are required to maintrain the vehicle to comply with vehcice and traffic laws so either way they likely have PC to stop you. If you don't want the inconvenience of a traffic stop - you need to make sure your car safety equipment is in proper working order. ... Read More

Un yeah - that story has more holes than swiss cheese. First, you are NOT an innocent caller - YOU injectd yourself into the situation as a material witness when you dialed 911. Second, it is odd that you fail to reference the two "items" allegedly stolen from you. This is why you were asked to empty your pockets and even complied in the first place, UNLESS there are allegations that you did nore than just call 911 like claims you threatened the other person, etc,......Finally, your attriubuted response from the department is highly suspicious. You will simply have to spend some money to hire a lawyer to review this issue and address it accordingly. ... Read More

Oh please.......seriously? This just SCREAMS of junkie with a beef ....where you magically get knocked unconscious repeatedly, and usually when the bad allegations about your conduct are alleged and garnd conspiracies that make no sense. So why were you out at ALL on your property at 2 am with a handgun and had 8 bags with drug residue on you regardless of the search consent? Unless there are independent witnesses or video of the events supporting your view AND you have no prior drug abuse/mental health history, this is a non-starter for any legal action. ... Read More

Not inherently for several reasons. First, Baker Act does not typcially involve an individual swearing out an affidavit and entry of a court order "picking them up and take them to a mental health hospital" without some form of professional assessement as to the mental capacity and threat level of the individual at issue before they are ever subjected to being institutionalized. There is likely much more to this that was not provided as LEO don't typically disregard a court order.  Moreover, you will hhave soveriegn immunity issues to overcome, and as such unless you are willing to pay the legal fees out of pocket to retain counsel on such a complicated case, there would need to be substantial injuries sustained from being "run off the road" to justify the expense and effort financially. You probably need to have a lawyer review ALL the facts BEFORE you start sending out statutory claims notices to the Sheriff Department. ... Read More