Legal Question in Criminal Law in California
what are our legal rights?
My husband was pulled over by the police in front of our home at 2:15 am in the morning after working his swing shift hours. He was told that a serious crime had been commited and the witness said the person was a white male driving a red truck. My husbands hispanic and owns a red truck. The police checked out everthing on him and found nothing. I came out and the police told me and him that another police car was coming to take pictures of the truck and my husband. I didn't feel comfortable about it, but, my husband said it was ok to take the pictures of him. I asked what for and was told so they could show the witnesses. Does my husband have any rights to have his picture taken or not? In the news paper the truck was a white truck and the police said that the witnesses changed thier mind. Is that fare for my husband?
2 Answers from Attorneys
Re: what are our legal rights?
Your husband had his picture taken for free. He was not charged with anything. He was not physically abused, and you were there to watch. And he cooperated with the police. That's immanently fair.
Fairness
From what I can tell from the fact pattern, your husband was treated fairly well. The fact that the witness changed their mind about the truck color can be addressed if any criminal proceedings are begun. It usually falls under the heading of the police being overly suggestive. Write a letter to your local police captain and ask him to look into the issue.
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