10-30-2007, 01:07 PM
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Junior Member
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Join Date: Oct 2007
Posts: 2
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thank you for the response
Quote:
Originally Posted by KappyEm
To answer your #5 no, they do NOT have to read you Miranda Rights once they put you in squad car. Only time they would read you miranda rights is once the interrogration has been started.
As for #4 once they have decided to shackle you as you say, they can search your vehicle for any contraband etc.
But if this is the truth, you were charged for NO reason call the Departments Internal Affairs divison with officers names and report that to IAD officers. They will in return conduct their own investigation and officers involved in this incident upon completion of internal investigation results might be charged with falsiflying police documents and lose their jobs. It all depends on the outcome of their investigation.[/left]
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Your response is greatly appreciated. However I still would like to know if I have ground to sue for damage in civil court? Filing a citizen complaint is fine and dandy but I really, really want to recoup my financial lost which is the $500 plus I had to pay to get my car back. And any monetary reward to compensate for my and my family's physical and emotional distress would be very welcome.
If I sue, is it normal to name both the officer and his department as defendants? Since I'm not aiming for a lot of money would it be wiser to sue in Small Claim court? because in Small Claim court the defendants will not be able to use lawyers to defend themselves I figure I have the advantage if I prepare myself well. And if I sue for small enough amount, the defendants may just be willing to concede the judgment instead of wasting their time/effort dragging out the case?
Thank you in advance again for whoever responds and answers my question.
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