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Andrea Flynn Mogensen's Answers
- 3 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Do we have a case to file a civil suit against the county or city?
The termination of the criminal charges in your boyfriend's favor is both necessary and critical to a cause of action for false arrest. If he entered into any deferred prosecution agreement or paid a fine on a reduced charge, that would not be considered a favorable termination of the criminal case. Even if the charges were completely dropped, the strength of the civil claims depends on whether the officer had probable cause to arrest at the time of the incident. That determination requires a...
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2
Attorney answers:
Do cop have probablecause to search your home against your will for thinking they smell marijuana.i have a witness who saw itall
By itself, the odor of marijuana does not authorize a warrantless entry into a home. The discovery of marijuana plants on property which does not belong to you would not provide a lawful basis to obtain a warrant to search, much less authority to enter your home without a warrant. I suggest you contact a criminal defense attorney in your area and seek guidance on filing a motion to suppress any evidence uncovered during the search.
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2
Attorney answers:
Were my rights violated to begin with
Law enforcement officers must have a reasonable suspicion of criminal activity before detaining someone. The fact that you were placed in handcuffs immediately is significant as this would not be considered a consensual encounter. It matters little what happened after being detained as a court would assess whether reasonable suspicion or probable cause existed based on the facts that occurred immediately prior to being detained.
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