False Arrest/Police Misconduct CA CHP

Asked almost 2 years ago - Wrightwood, CA

False Arrest/Police Misconduct

I was arrested for driving under the influence and under the influence of a controlled substance.
They took my blood & that will show nothing at all was in my system, my employer drove saw me getting arrested and let me go. CHP DRE = What a joke.

I would like the officer to pay for this.
He pulled me over for speeding (8 over) , looked under my hood, used breathalyzer, took my pulse and did field sobriety testing, then arrested me & searched my vehicle without permission & released it to the friend I was with. (Fishing expedition)
I am looking to retain someone to put a complaint against him (internal affairs) and possibly a civil suite.
I am having trouble finding attorneys who handle these matters, if you can please post your opinion & referrals. Thanks

Attorney answers (2)

  1. David Jon Pullman

    Contributor Level 19


    Lawyers agree


    Answered . You cannot sue the police for making bad judgment calls. As frustrating as it is to get arrested when you are innocent, the police have to make judgment calls and cannot function if they have to be worried about getting sued if they come to the wrong conclusion, therefore they have a qualified immunity that protects them, except when they deliberately violate your constitutional rights. You are always entitled to file a complaint with the police agency and I encourage you to do so if you feel that the officer acted improperly. Your complaint can help prevent this from happening to others in the future.

  2. Christine C McCall


    Contributor Level 20

    Answered . You don't need an attorney to make a complaint with the Internal Affairs division of the arresting officer's department. In fact, your complaint will receive "better" attention if it is not brought by an attorney.

    Mr. Pullman's statement as to why this set of facts does not support a civil rights lawsuit is exactly right.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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