Legal Question in Civil Rights Law in Michigan
I got pull over by the cops haven't committed no traffic violation and they ask me if they can search my car, I agreed but after watching the cops start opening the hood and the trunk of my car and open some boxes that i got there, I ask why they are searching so hard. They told me that they received a tip about me selling drugs and after that they brought a k-9 unit and they search my car again, the dog damage my leather seats (scratches)the cops told me that they were waiting for me and that the person that gave them the tip provide them with my information, route to work and schedule. They didn't find anything but what can I do about the person that provide the tip?
1 Answer from Attorneys
You can first file a request under the freedom of informationact " FOIA " to request the police agency to provide all information in regard to the failed search of your vehicle. Be specific as possible (name of the tipster etc.) there may be a confidential informant involved "CI" that provided the information or it could have been john Q citizen that observed suspicious behavior... the statute provides for a time frame for the agency to respond .. they may, grant, partially grant, or give a blanket denial and reasons for same. There is an appeal process to the agency then your recourse is to the circuit court for relief... if your prevail the agency can be fined and may be liable for attorney fees...all this is very fact specific. If CI involved highly unlikely you will get anywhere the police don't want their CI's getting killed. See this link-
http://legislature.mi.gov/doc.aspx?mcl-15-240
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