Legal Question in Civil Rights Law in New Mexico

My son was stopped on a traffic stop recently, the officer ran a warrant check and got an active warrant on an individual that was a close match to my son's name and date of birth. He was told he was under arrest, my son's wife was told to leave as her husband was being placed under arrest. It was later determined that the warrant was for another individual. He remained in handcuffs in the back of the police car after it was determined that he was not wanted. Another officer arrived at the scene and told the deputy that arrested my son that "he should have been out of handcuffs 10 minutes ago." My son was handcuffed in the back of the police car for approximately 30 minutes total. Would this be considered some type of cival rights violation or false inprisonment?


Asked on 1/03/10, 6:51 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

From the description you provided I would suggest that you speak with an attorney who has experience with civil rights violation cases. If the attorney believes the rights were violated, as you suggest, he or she will probably take the case on a contingency. It is perfectly acceptable for you to ask and find out how many cases against the police department the attorney has brought in the past. I would think that finding an attorney who has experience in this type of legal action will prove most fruitful to you.

Good Luck

Law Guru

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Answered on 1/10/10, 7:31 pm


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