View Single Post
  #1 (permalink)  
Old 10-15-2007, 04:25 PM
darrenbruin darrenbruin is offline
Junior Member
 
Join Date: Oct 2007
Posts: 2
Exclamation Is it police misconduct and if so, do I have recourse?

Hello. My guess is that my bad luck started with me being in the wrong place (high crime area) at the wrong time (evening). I came to a red light at an intersection and made a stop with my car being the first in line. I noticed a cop car in the crossing street waiting to turn left which would be into my street and going the same direction as I was. After a few seconds, the cop turned left and he immediately pulled up to the curb and stopped there. When my light turned green I proceeded through the intersection and past the parked cop car thinking nothing of it. However immediately after I passed him he pulled out and put on his light to pull me over.

I am describing this because I thought the circumstance of the stop was fishy. Apparently he decided to pick on me the second I came up to the intersection and stopped at the red light. Anyway I couldn't think of what I did wrong so I asked the cop why he stopped me. His answer was because I have tinted window. It is still rather fishy because I had my driver side window rolled down almost completely. Only my passenger side window was up. So he could tell that my passenger side window was illegally tinted in a few seconds he saw me across the intersection?

The cop checked my papers out for about five minutes and came back to my car where I was still seated in the driver seat with the window down. He then proceeded to shine his flashlight at my eyes and started examine them. He then made me stepped out of the car to do field sobriety tests. As far as I was concerned I passed with flying color because I did not drink any alcohol nor taking drug. I am a rare drinker and have never taken drug. As a matter of fact I have a 100% clean driving record.

While this was going on a second cop came on the scene (backup?). He might be a supervisor or something because he appeared much older than the young cop that stopped me. They consulted together for a while then the older cop started to examine my eyes again with his flashlight.

To make a story short, eventually they decided that my eyes weren't dilating "normally" so that I must be on drug. I was then shackled (not arrested!), put in the cop car and my car towed. I ended up passing a miserable and sleepless night in the drunk tank and was released the next morning. Additionally I had to pay $500 to get my car back.

The followings points made me feel like my rights were violated and it was a false arrest:

1) Dubious reasonable cause for the traffic stop to start with

2) Questionable decision to accused me of being under the influence of controlled substance merely by some arbitrary criteria, i.e. the way my pupils dilated. I have committed absolutely no driving infractions and did not show any sign of being IMPAIRED either behind the wheel nor on the sidewalk.

3) I also exhibited no slurred speech, alcohol smell or any eratic behavior whatsoever. Oh by the way, beside the wacky dilated pupil test the two also accused me of being "sweaty". This was a complete fabrication and lie.

4) They asked me if I consent to my car being searched after I performed the field sobriety test. I stated unequivocably NO. However after they decided to shackle me they went ahead and search my car anyway.

5) They took me to the station for booking and took my blood test after I consented to it. It is only AFTER the blood test that they officially inform me that I have been arrrested and read my Miranda rights. Correct me if I'm wrong but weren't they supposed to do that when they cuffed me and put me inside the squad car at the scene?

6) I ended up being charged with NOT a VC (vehicle code) violation but with only a HC (health code) violation of being under the influence of controlled substances. The fact that they never tok my license away was proof that I was never a danger behind the wheel.

Now I have no doubt whatsoever that my blood test will turn up clean and the charge be either dropped or beaten. However for someone who has never, ever been arrested in his 50 years it has been a rather traumatic experience, not just to me but also to my family. Financially I'm also out $500. I don't think I deserve all the mental and financial punishment because I did not do anything wrong at all.

Please anybody tell me if I have ground to sue the cop for damage. Thank you very much.
Reply With Quote
Find a Lawyer Now!