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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
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Experience:  Since 1983
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can you sue the police for illegally stopping your car, ...

Resolved Question:

can you sue the police for illegally stopping your car, illegal search and seizure, and two strip searches at the police station and finding nothing.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 6 years ago.
Yes, there are lawyers who are willing to take that kind of case.
http://lawyers.findlaw.com/lawyer/firm/Civil-Rights/Malden/Massachusetts has a directory of civil rights attorneys in Malden, Mass. That is what the case would be about, since it sounds like your civil rights were violated be people acting under color of State law.
No one is above the law, especially not the police. If the police violate your rights, they can be sued. I hope you are successful and I hope this information was helpful to you.
Customer: replied 6 years ago.
THIS WAS THE THIRD RUN IN WITH THIS OFFICER WHO LOOKED FOR DRUGS AND FOUND NOTHING.THIS LAST TIME HE ARRESTED ME AND TWO OTHER PEOPLE.HE TOOK MY POCKET KNIFE AND SAID IT TESTED POSITIVE FOR COCAINE.MOTION TO SUREPRESS WAS GRANTED.I BELIEVE HE ARRESTED US BASED ON PREJUDGEMENT AND FRUSTRATION.THE OTHER TWO PEOPLE THAT WERE WITH ME ARE WHITE AND I AM BLACK AND DRIVING.WHY WEREN"T THE OTHER TWO PERSONS STRIPED SEARCHED. ONE BEING A FEMALE.
Expert:  N Cal Attorney replied 6 years ago.
It sounds like a good case under 42 US Code § 1983, especially if you were targeted for being black.

§ 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

from http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00001983----000-.html

You should definitely talk to an attorney about suing the police.
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8079
Experience: Since 1983
N Cal Attorney and 2 other Criminal Law Specialists are ready to help you

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