Legal Question in Civil Rights Law in Illinois

I recently took my son's car for an oil change (he had just left for Army bootcamp and his younger brother will be using the car). On the way home, half a block from my home, I was pulled over by two police officers in a "felony stop". This is like what you see on Cops - "walk backwards toward my voice, kneel down, lay down, hands at side face down looking to the side". I was handcuffed and left on the ground without any explanation. A police officer looked in the car and announced that "it's a BB gun". I was then helped to my feet and uncuffed within a few minutes. After the police officer waved the BB gun in my face and asked what I thought it looked like, I was only told that an employee at the oil change place had seen a gun under the seat and called police.

Now I have no criminal record, nor does my son (though he did leave a BB gun in the car). I was never given a full explanation until I complained to the deputy chief as to why I was hand cuffed face down in the street.

I understand officer safety considerations, but what rights does a citizen have in this type of case? There is a presumption of guilt, hence the handcuffs and face down, but don't I have any rights to know what is going on?


Asked on 1/14/12, 1:23 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

From what you describe the police had probable cause to pull you over. Further based int heir reasonable suspicion that a crime was being committed (weapon in your car) they had probable cause to detain you, sarch your car and you. They further has probable cause, pursuant to reasonable safety concerns, to restrain you. Had the officers used unlawful force to detain you, it's possible you would have a civil rights claim. But frm what you describe, you don't have such a claim. It seems to me that any anger you have should be placed with your son who put you and the officers in harms way by transporting a gun around in his car.

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Answered on 1/14/12, 1:34 pm


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