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If your walking than stop by police do they have the right to detain or search you

Chicago, IL |

police stop me to ask me what or were was i coming from i told them just stop at gas station to buy cigarettes than they start to search my body and proceed to look me up on their computer is this legal

SORRY FORGOT TO MENTION IT END UP WITH POLICE OFFICER PUTING ME IN HANDCUFFS TAKEN ME TO THE STATION AND HITING ME IN MY FACE KNOCKING MY DENTURES OUT MY MOUTH WITH A BUSTED LIP AND KNOT ON MY HEAD ALL THE WHILE IM HANDCUFF, THEN THE CHARGE ME WITH ASSAULT TO AND OFFICER HOW IS THIS? THERE IS MORE TO THIS STORY IM VERY DISTRESS WITH THIS ALL

Attorney Answers 3

Posted

The short answer is that a criminal defense can argue that any evidence seized as a result of this search should be suppressed. From the info you provided this search sounds suspicious at best and blatantly illegal at worst. Consult with a criminal defense attorney to assist you and help fight your case.

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Asker

Posted

Thanks brian i had nothing they found nothing still dont know reason i was detain i guess i will find out in court you think?

Posted

The answer to the question is, sometimes the police do have the right to detain or search you, and sometimes they do not. Whether their actions are legal or not can depend on complex factors, interpretation of conflicting case law, what the witnesses including the officers testify to, and what testimony is believed. Sometimes, the legality of their actions will have nothing to do with you. For example, if someone was just shot or robbed nearby, that can give the police enhanced ability to stop and search people who might be escaping from the crime.

Since your description suggests that the police acted without probable cause, you should consult with an attorney in your area, and have him get all the reports and other facts, before deciding on whether to take action about this.

Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

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2 comments

Asker

Posted

i guess you didnt understand, i have no other choice but to take action they charge me with assault to officer i go to court next week with my mother attorney who is 81 and old school dont get me wrong he been in the family for years im scared as hell my bond was five thousand to walk this is serious and i live in chicago il which has a rep for bad police misconduct just want to rise my kids and be a productive member to society wow and yes i did have or do have past

James S. Lawrence

James S. Lawrence

Posted

The answer is still the same. Sometimes the police actions would be lawful, sometimes not lawful. This will often depend on tiny details in the facts, and sometimes will depend on whether the judge believes the officer or you. If you are satisfied with your present lawyer, fine. If not, then hire a different one. If you have no money the judge can appoint an attorney. A defendant does not have unlimited opportunities to change attorneys, but has some opportunity to do it.

Posted

The police have a right to detain someone under certain circumstances. Under certain circumstances, they can restrain someone but they do not have a right to beat up someone who is in custody. You need to immediately consult with an experienced criminal defense attorney. You may also need to consult with any attorney who specializes in police misconduct, but your immediate problem is to defend the action taken against you which brings you to court. It is not possible in this online forum to give more exact information and suggestions and there surely are more facts surrounding this situation. You should bring with you any paperwork and be prepared to discuss your case in detail with the attorney. Do not discuss your case online or with anyone other than your attorney and make sure your attorney has experience in this area of law.

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