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Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9934
Experience:  over 20 years of legal and professor of law experience
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there was this incident happenned that my husbands driving

Customer Question

there was this incident happenned that my husband's driving the car on our way home then theres 3 patrol car stopped us with three policemen and there one who suddenly pointed a gun on us, me and my husband were very afraid coz we dont know what is goin on and then they had a quick search and interrogation,and when they realized that they had the person they just said sorry and left us shaking.since then ive been very paranoid about everything.i just wanna know if we can file a case against those policemen who just poke a gun on us and just say sorry coz were not the person they were looking for.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Daniel Solutions replied 8 years ago.
First Im sorry to hear about your experience with the police. The police are allowed to stop if they had probable cause to believe you were a person they were seeking. The only way to find out is to contact the police and ask why you were stopped if they didnt tell you. Was it your car? Was it your description? Why you? If there was a good reason for the stop and the person they were seeking was considered dangerous then it is reasonable to display a gun. You will not know until you speak to someone high up at your police department like a detective, LT or Captain.
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Customer: replied 8 years ago.
It was a bank robber they were chasing,it was our car,they briefly explain to us why and leave,they said it matches the car and the person, we are actually asian,and it became a joke to our community that we are robber coz a lot of them saw what happened we are temporary workers and lot of us live in the same apartment and it was really a shame to us.and like what i said it was traumatizing,i just didnt think it could possibly happened that they stopped the wrong person and poke gun,coz a lot of bad things could happened in just one wrong move.they could've pull the trigger if they thought we did one wrong move and you cant blame us because this is the first time it happened to us and we are so shock we dont know what to do,theres a lot of what if's,you know.considering we are in a foreign country.
Expert:  Daniel Solutions replied 8 years ago.
If your car matched the description of a vehicle the police were seeking that gave permission to stop the car. Also bank robbery is a dangerous felony crime which would allow the police to approach with gun drawn. They can only legally detain you until they find out its not you theyre seeking which sounds like what did in fact happen. Unfortunately people have been injured before by making a wrong move. Sorry you had to experience that situation. It is rare but does happen.