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.

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]

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.

You definitely have a case once the tests show you were not under the influence. Please don't let them off the hook. In my state, they can have a lawyer in small claims and you have the option to then get one.
I believe that you deserve compensation for more than the $500. Spending a night in jail, going through the humiliation of arrest and the trouble of fighting the charges should not be overlooked, especially since you have spent 50 years as an upstanding citizen.
I really think you should contact a lawyer. Most criminal defense lawyers are not interested in filing a claim against the police but there are a few civil rights lawyers for whom this is a small, but very valid case. Maybe the will do it pro bono (free) or on contingency (less likely).
I have been harassed by the local police for two years, since I moved here (CO). They have taken everything from me that I have worked for since I was thirteen. I will not stop in my fight to recoup my monetary losses ($150k) and clear my name. But I admit it is not easy. Nothing worthwhile ever is.
Please don't let them get away with this. It encourages them to go after other innocents when they should be going after real criminals.
I will have you in my thoughts that your charges are cleared, the officers are reprimanded or fired and that you are properly compensated.
Stay strong.

The only problem I see for you here is that you admit that your passengers side widow is ILLEGALLY tinted. Based on your statement that you passed the officer, I assume that he would have been on your passenger side. Therefore seeing the ILLEAGALLY tinted window giving him PRABABLE CAUSE for the traffic stop.
As far as all the other things you endured, a Field Sobriety test is subjective at best, any officer will tell you that. This is why when they feel that you have fallen outside the parameters set forth by the law and their training, additional tests are preformed. The blood test you submitted to will show if you were under the influence or not and will be admitted at court. If it proves that you were not under the influence of either alcohol or ILLEAGAL substance's several things could happen.
I would advise you to seek legal counsel along with the Internal Affairs Dept. As you have already been told you do not have to be Mirandized until an interrogation begins, or you are notified that you are being placed under arrest and WHAT FOR. Once they decided to handcuff you they had every right to search your vehicle.
The only Question that comes to my mind is:
If you knew this was a high crime area, and it was after dark, Why were you there?
Good Luck
EX-STLCop