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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88437
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Police cars 4 of them surrounded my grandson and pulled a gun

Resolved Question:

Police cars 4 of them surrounded my grandson and pulled a gun on him for what they say was failure to pull over when they said he was warned with flashing lights in window of an unmarked black van with no uniform in sight. He was not stopped by radar, nor was he drinking, or on drugs or any prior anything except ticket for crossing a double yellow line last month. Paul is on SSI for brain damage related issues, ADD and dyslexia which the police guy ridiculed him about. He called Paul a liar when he told them he never had any arrests or drug issues. Paul was read his rights handcuffed but then let go with what the cop says was a large fine for a ticket and has to appear on September 30th for court. Who do we contact to complain about this egregious act?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The first step in reporting improper police conduct is the department's Internal Affairs Division. They are the ones who investigate police misconduct and abuse.

Second, if he did not know and had no way of knowing that their vehicle was actually a police vehicle, then any citation for failure to pull over or yield to an emergency vehicle would not be able to be proven in court. Thus, he needs to go to court and plead not guilty and he needs to go to trial and show they were not in a properly marked police vehicle, but in an unmarked van with only a flashing light and no uniforms and this would be reasonable doubt that he did not intentionally failure to yield or stop for the emergency vehicle. He is entitled to an attorney so he should get one or get the public defender to represent him on this matter in court.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88437
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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