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crimlaw
crimlaw, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 960
Experience:  attorney specializing in criminal defense and family law.
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My son was arrested for coming to his door stoned. The policemen

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My son was arrested for coming to his door stoned. The policemen alledgedly complained about a car obstrucking the ally. The cop knocked, my son answered. the cop says looked like the plow make a present for you (blocked) them in. Cop noticed my son was stoned and asked the search the place. Sam had 3 plants, one which was somewhat mature and another two that were about an inch high (starter plants). He had pipes, a scale. (for weighing his purchases) and $100 in his desk drawer from just selling his sub-woofer speaker
to his room-mate. The cops took all the paraphenalia and the money as well as the plants.
My son was charged with 4 counts, 2 misdemeanors and 2 felonies for selling drugs and manufacturing. Sam is 18 and has never sold a gram in his life. He had the scale to measure his purchases. They took his cellphone and that will show he has not been selling drugs. Meanwhile a cop on the force heard about the arrest and proceeded to tell on of my
son's classmates what went on. It seems like the word arround town regarding my son and his appartment roommate is being shared around town through Jordan and the policeman.

I'm a pharmacist and I'm sworn to uphold HIPPA laws regarding patients rights and respons-
bilities. It would be unethical to disclose medical information about people becuase of my
role as provider. Doen't a policeman have a similar type responsibility rather than freely blatblather what may or may not be the truth about a case before any litigation has been
done. I think this is horribly wrong amd am wondering what I should do. Thanks in advance for your response.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  crimlaw replied 2 years ago.
Hello,

Unfortunately, a policeman does not have the same responsibility because your son is 18. Arrests of adults are public record, and there is no law against their disclosure. It may be against department policy, however, and you could certainly ask to meet with this officer's supervisor. Unfortunately, even if he is spreading inaccurate information, it could be difficult to bring a case against him. Many times, if police officers are acting within the scope of their job, they are protected by something called sovereign immunity, which means that a governmental entity cannot be sued without their permission.

If you can get around sovereign immunity (which is difficult in most cases), and the officer is lying about you to others in either spoken or written form, your son may have a case for defamation. In order to prove a case of defamation, you have to show:

(1) a defamatory statement;
(2) published to third parties; and
(3) which the speaker or publisher knew or should have known was false.

Let me know if you have any other specific questions! I hope this helps. If my answer has been informative, please click the green Accept button, as I will not receive credit for my response unless you do so. I am happy to answer follow up questions. After you hit Accept, type your response and hit reply, and I will get right back with you. Thanks again!

I love working with the same customers, as this provides a better experience for you. If you would like to request me for another question, simply put "FOR Legal4Info" at the beginning of your future questions.


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Customer: replied 2 years ago.

Thanks for your response. This is a relatively small town and I personally know the police officer in question. Although I was not considering legal action I did want to voice my opinion that I thought the line of communication with my son's highschool classmate was inappropriate. If it was your son would you: a) let it be b) speak to a supervisory officer c) speak directly to the police officer in question

 

Appreciate your feedback.

Expert:  crimlaw replied 2 years ago.

I might go to the supervisor in a kind way to open that communication. Going to the officer himself might give rise to a heated situation. I totally agree that it is inappropriate. Thanks!

crimlaw, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 960
Experience: attorney specializing in criminal defense and family law.
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