Quote:
Originally Posted by Queets
My twin daughters were parked and 1 was out of the car and the other was ready to get out when a police car pulled up with lights on.he told the daughter that was out of the car to get back in, when she asked why what did I do wrong he replies thats it your under arrest he grabbed her pulled her arms up over her head to where it was hurting her and she started screaming that he was hurting her then I guess he slammed he into the car while this was taking place 10 other police vehicles show up 2 cops ruffed her up bad enough that there was blood and lots of bruises on her ,I do have photos ofthe cuts and bruises .some of the cops searched the car for drugs when they didnt find any the officer said we will search them for the drugs at the police station. The officer ended telling my daughter that she was pulled over for expired tabs in which she was 2 weeks overdue but didn't realize it.The daughter that they ruffed up ended up with with charges of
withholding information ,DUI and resisting arrest in which she did put up a little resisting becouse she was scared and had done nothing wrong to deserve the treatment they gave her.The other daughter was arrested for asking her sister if she was ok becouse she had wittnesed what they had done to her so her charges are obstucting a servant,At this time the police have no idea that there were people in that neighborhood the whole incident take place. I think what I am wanting at this point is some advice on what my daughters should do.
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The Supreme Court test for officers acting under color of the law ( Section 1983--dealing with civil liability) is reasonableness. A quick call to an attorney for a free or low cost consultation should tell you if you have any recourse. However, be advised that the fact that they "resisted because they had done nothing wrong" may be, in a courts eyes, grounds for the police action being determined reasonable. I wasn't there--I do not know. However, the fact that your daughter was charged with DUI ( they could argue she was combative. etc...whether it is true or not) may lend credence to their actions. I am not saying it was reasonable---I am just pointing out things that the attorney for their jurisdiction may offer as their defense or justification for their actions.
Just an aside.... if I were in the same situation, and a police officer stopped like he did your daughter and ordered me into the car, I would not say a WORD. I would COMPLY. The "what? What did I DO?" rhetoric makes police officers difficult and wary and can cause them to act with more force, anticipating further resistance.
Ten other vehicles showed up? I will remind you, as I did a poster on another thread, that the law does not bide exaggerations. If you state literally TEN cars appeared, then there must be more to the story than you are telling----like there was a violent crime in the area, and your daugther met the description of the suspect ( not saying thats true, just giving an example that could explain the police conduct ). If literally TEN cars showed up, then there is more to the story than what you are recounting here. And, there are plenty of witnesses----and it very well may make it difficult to prove a case against the police with so many of them there to testify as to the particulars of the case.
Its worth a call to an attorney ----but have in hand with you the exact paperwork, police reports, etc to he or she can see precisely the position the police are taking and why they have been charged as they have been. Without that paperwork, he or she will have the same question I have---Whats the rest of the story?
Good luck.