Legal Question in Criminal Law in California

Police abusing there athority

I was on my way home around 11:30pm and truck was running hot so I stoped to let cool. There was a pizza place near where I stoped so went in and got small pizza. Across the street was a construction site that was blocked off by chain link fence, I walked over there stood outside the fence on the sidewalk and was looking at what they were building, munding my own business eating my pizza and here comes a sheriff. Asks me what Im doing, I explained letting my truck cook down, he asks for ID I give him ID, we walk to his car,puts me in back while he calls it in and is clear of any criminal history gets me out of car abd insists I was casing the place to comit a burglary, I said ''Dude I'm just waiting for trk to cool n Im gone.'' He then asks to search me and now it has started to rain. I told him no your not going to search me and treat me as if I was a common criminal. So then he made me turn around hands behind my back and arrested me for ''Prowling'' then went to my truck searched it,dumped ashtray out made a mess by dumoing everything in it found nothing then had it towed, then we we nt to the jail, got booked & released in the rain with no vehicle. that cost over $300 to get out. Were my rights violated and do cops have that power


Asked on 9/11/08, 8:42 am

2 Answers from Attorneys

Ramona Hallam Law Offices of Ramona R. Hallam

Re: Police abusing there athority

Attorney Lentz's advice is good, sound advice. That seems to be the quickest way to have a remedy of some kind. You could also retain a civil rights attorney for false imprisonnment.

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Answered on 9/14/08, 8:39 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Police abusing there athority

Definitely a problem as illegal search and arrest involved. You should lodge a complaint. At the very least, your complaint would become part of the officer personnel file.

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Answered on 9/11/08, 2:48 pm


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