Legal Question in Civil Rights Law in New Jersey

Officer Abuse

In a parking lot, a P.O. asked (from his car) to speak with me and my roomate. We replied 'no' and continued walking to our destination. Without warning, my roomate and myself were grabbed from behind, maced and arrested, read no miranda rights or charges. Was this a violation of our civil rights? Or were we in the wrong for answering 'no' to a cop?


Asked on 2/05/07, 7:51 pm

1 Answer from Attorneys
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: Officer Abuse

This is certainly a possible violation of your civil rights. Saying no to a cop is not an offense. However a cop does have a right to ask you questions, and might have the right to briefly detain you, depending on the circumstances. Your response, i.e. leaving, might be construed as flight, or resisting. You are not able to resist even a lawful arrest.

There are many more factors than those in your question which would need to be evaluated in order to determine if you have a viable claim. The first thing which has to happen is that you must not enter into any sort of plea bargain on your underlying charges - you must have a favorable resolution.

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Answered on 2/06/07, 9:24 am


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