Legal Question in Criminal Law in California

Re: motion to supress

What grounds do you think you have for 'civil rights violation'? You don't really think that every person arrested and released without conviction has the grounds to sue, do you?? That system wouldn't last long, would it? Police make mistakes every day. So?? That's all it is, a mistake; for which they have legal 'immunity' from suit like you propose. Your actual 'rights' were protected by the court, as evidenced by the dismissal because of his mistake. Now, if you had proof that he willfully, intentionally, maliciously targeted you for arrest, knowing he was doing it without good cause, doing it to harm you, doing it to 'discriminate' against you because of some protected minority 'victim' category, doing it to get you in jail and beat you, etc., then we can talk about grounds for suit. Such proof is difficult in the best of cases. Your annoyance and speculation is not proof.

Re: motion to supress

To have grounds for a civil lawsuit, you would need to show that the officer acted with some kind of malicious intent and completely without good reason or cause. It is not easy to prove such intent. Your best source for exploring your grievance at least initially would be the lawyer who defended you and who is familiar with the facts of your case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com