Legal Question in Traffic Law in California

What can i do to claim my rights from a cop in california?

I have been stopped one night by a cop and from the beginning I saw how he had it in for me and my friends who were from a mexican race and i am from an arabic race. I was so respectful with him and he took half an hour to try to find something wrong with me. and then he wrote me a ticket for transporting people who are under 20 years old and that was the restriction for my first 12 moth of having a license when i am under 18 . I have been driving for 18 month when he stopped me and he didn't even let me show him that. I got some documents from the dmv showing that so It will be easy to contest.

But i am here to see how can i claim my full rights from the officer that lacked his professionalism and he didn't have morals to miss use his authority against me and my friends for his racial prejudice. and here are some of what happened that night:

1- he asked my friend in the back seat if he has something illegal in the bag he was carrying and he didn't so my friend said no and showed him that it was just redbull , the cop kept saying do you have redbull and vodka and he said no and he kept asking .. how unprofessional it is to insist on that my friend has vodka when he didnt smell or had any and there wasn't any evidence at that

2- when i told him about how its been more than 12 month he said he will check the computer and the computer said its not so he must have lied about it so that rules his error from being an honest mistake and when i accessed my records in the dmv they show that i am right + many cops stopped me and when they checked they cleared me

3- when he told me that he is writing a ticket i asked him if i can contest it and he said yes and that was when i was with my friends in the car then he asked me to come out to sign the ticket he told me whats the point of contesting it trying to discourage me from it

I just want to know whats the most justice i can get from this cop , I felt bullied and violated after it happened, do i just present everything to the judge when i contest it ? will that get the cop punished ? how can i get financial compensation from the trouble he put me ?


Asked on 7/05/13, 9:19 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

I do not have enough information But you may want to talk to a traffic attorney or a criminal defense attorney. The stop itself may have violated the Fourth Amendment. A stop is only legal if the officer has a reasonable suspicion of wrongdoing (and race does not give him/her a reasonable suspicion.) Secondly you and your friends should learn to keep quiet. As they say on TV you have a right to remain silent. You should use that right. It is usually wise to answer the normal questions an officer asks you when he/she pulls you over. But beyond that you should say nothing. If the officer continues to ask you question you tell the officer that you insist upon your constitutional right to remain silent. You also have a right against illegal searches. Unless your friend gave consent for search the officer had no right to look in your friend's bag and there is no reason for your friend or anyone else to consent to a search.

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Answered on 7/05/13, 9:57 pm


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