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Hello my name is Tom my question is can the police stop you and accuse you of a form of burglary and not have any reports ?

Richmond, VA |

as i was off from trying to meet my father i was approached by two male officers whom in which accused i my friend and 13 year old nephew of trying to break into a comcast van , it was so grimy the residents came out side to see why they had stopped us i just wanted to know is their any thing i could do about this they have humiliated me and insulted my intelligence, i feel like it was darn right wrong.

Attorney Answers 3

Posted

There are circumstances where police are called to investigate crimes--questioning individuals is part of the investigation. However, under the protections affored you by the Commonwealth and the Federal Constitutions, you do have certain rights. The facts and circumstances of a situation play a large role in determining whether an individuals rights have been violated. You did not post enough of the right kinds of facts and circumstances to determine if any rights were violated. Being humiliated and having yhour intelligence insulted are NOT grounds for bring a law suit or a sufficient test to determine if any rights were violated. You might consider making a complaint to the police agency if the officers treated you improperly and or consulting with a civil rights attorney in your area.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

We need to know more facts in order to respond to this question. What was said by whom? What was done? How long were you detained?, etc. The best thing to do is to go see a civil rights attorney who handles criminal defense.

R. Jason de Groot, Esq., 386-337-8239

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Posted

I'm sorry to hear about what happened to you. The short answer, to your question ("can the police stop you and accuse you of a form of burglary and not have any reports") would be, yes. All officers need, in order to detain an individual, is reasonable suspicion--that is, "articulable" facts (i.e., not merely a hunch) sufficient to believe that criminal activity is "afoot." And, without more information, we cannot tell you if such reasonable suspicion existed or not.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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