Some time ago, I was asleep sitting in my car, parked at the beach. You can say I had a lot of alcohol and open container in car, keys in ignition. Sleeping it off, I guess.
Cops came knocking on the window and saw the can, could tell I was blasted and saw keys in ignition. Car was off. I'm not that dumb to drive like that.
They were talking about giving me a DUI, DWI or something like that. I freaked and said I was a Cop. I merely was trying to get out of any DWI, etc. I didn't act it out, ie, badge, uniform, etc. They couldn't prove either way, I got taken to county for impersonating and a open container ticket. I was never charged with impersonating formally, held 45 days or so and lost car. I found where Appellate Judge ruled "just saying you are" isn't illegal unless you act it out .
So let me see if I understand this..........You WERE DUI, likely could have and should have been charged with DUI (or something like that), felt that an appropriate response to escape responsibility was to the LIE to the cops who found you that YOU were a police officer, and now with some "jailhouse lawyering" want to sue the law enforcement officers because you think THEY did something wrong? Beyond the obvious " are you kidding me?" response, I will only state "good luck with that idea", count your blessings that you didn't get hammered with a DUI and felony impersonating, and spend your time and effort researching a really good substance abuse program to help you get your priorities straight.
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The answer is no. You can try, but you'll be wasting your time. They obviously had enough to arrest you.
Your question does not involve the subject of Appeals so I have moved it to the Civil Rights area, but I agree with the other attorneys that you do not have a violation of your rights.
Absolutely not. The police had probable cause to arrest yiu for DUI and open container, no matter what they chose to use as a charge, they still had probable cause to arrest you.
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