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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23541
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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On Januarary 1st, 2014, around 3 am. I was walking down Lodi

Customer Question

On Januarary 1st, 2014, around 3 am. I was walking down Lodi Ave, with my girlfriend. From behind me turning left off of crescent ave onto Lodi, I noticed two Lodi Police cars. They had drove up on us and told us not to move. While they detained my girlfriend, one of the male officers approached me and asked to search me I said 'No' because, for one I'd never been in trouble with the law before, two I know my rights, and lastly If any circumstance a female office should be the one to preform a search on a female subject. Following my refusal, the officer had walked over to my friend, my friend yelled something I couldn't understand. The officer walked up to me very aggressively and grabbed my Louis V. hand clutch from me and proceeded to search it. He found a package of insulin syringes, he walked over to me and I said 'they're not illegal to have.' then told me to put my hands up and not to move. He asked 'do you have anything else on you.' i turned back and said 'This is illegal.' he started patting me down, and under my larger sized gym sweats I had a pair of jean shorts on. He asked what I had on under them and I said 'Isn't this Illegal, don't you have to have a warrant.' he replied 'No.' then he pulled my sweats down, and reached inside my jean shorts pockets. He then discovered a gram if meth-amphetamine. He put hand cuffs on me. Walked me over to his car where my friend also was detained. I was in full on tears. Sobbing, not understanding how my rights didn't matter. In addition, he then drove us to the L.P.D. On the drive he had said 'So you're two are just walking around smoking meth and where's the heroine?' I replied 'I don't do heroine.' he insisted that can not be injected, so he added a charge of being in possession of a controlled substance heroine, which was later dropped. I had got transfered to county jail, O.R.'ed. While in custody for a FTA warrant on this case, my attorney brought to my attention that the arrest was not substantial, the officer preformed an illegal search. I needed to be released for my schooling, so I plead out in agreement of my release that day. Since this arrest, life has gotten harder. The record continues to follow me.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.

Hello,

What's your question with regard to this?

Customer: replied 9 months ago.
can i sue them?
Customer: replied 9 months ago.
I would like to figure out how I can press charges on the arresting officers
Expert:  Zoey_ JD replied 9 months ago.

Hello,

Sorry for the delay. By the time you responded, I'd turned off my computer for the night.

No, you cannot sue the police with regard to this matter for a number of different reasons. First of all in California, a suit for false arrest must be brought within 1 year of the incident or the statute of limitations expires and it is too old to be prosecuted. You are outside of that one year period and are now time barred.

Secondly, police are immune from suit or prosecution when acting during the course of their regular duties, unless you can demonstrate negligence or misconduct.

Finally, you took a plea to get rid of your case. Had you fought the matter and been acquitted, you would have been able to make a suit for false arrest/malicious prosecution. But one of the elements of such a suit is that the case comes out in your favor. Yours did not. Once you plead guilty to the charge on the record, a false arrest automatically becomes a true one.

You can file a complaint with the police officer's superiors, with internal affairs and with your state Attorney General about the conduct of the officer. But you don't have a suit any more.

I'm sorry to be the bearer of bad news.