I was traveling North bound and made a legal left turn into a driveway of a store,and parked into a parking space and two motorcycle officers pulled in behind me. The officer said that I cut off a
bicyclist and that the bicyclist had the right away. The officer searched my vehicle, and than taken
me into custody ( for i.e. improper identification) immediately thereof.
During a court 1538.5 hearing, the officer testified that I was traveling south bound in front of him,and made an abrupt right turn into a driveway cutting off a bicyclist whom was able to stop
with-in five feet of hitting my vehicle....The store surveillance shown I was Not traveling south bound, did Not cut off a bicyclist and that Probable Cause was fabricated and the case was dismissed by the court. The officer maliciously deprived me of a constitutional forth amendment right to be free from unseasonable and unlawful seizer.
Doubtful you have sufficient damages to warrant a case. Definitely speak with local/qualified counsel to verify. Act timely. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
The question that needs to be asked is ... What are your damages here?
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
Like the other attorneys have pointed out, your damages are not going to be considered very "high", like someone who was beat up or falsely imprisoned for an extended period. But if the officer's conduct was pretty annoying in a way that would make jurors angry, and if you're a good plaintiff, I'd say it might be a case worth bringing.
Please don't take anything I as say as "legal advice" or act on it without talking a lawyer.
You don't say how long you were held in custody. Also, did you have to pay a criminal defense attorney to represent you? You could have a potential claim under 42 USC Section 1983 (not excluding any claims you may have under state law). You should consider contacting a local civil rights attorney to further discuss. Just do not waste time because California law requires that claims against public entities be filed no later than six (6) months after the incident. (Government Code §§ 910-913.2.)
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.
The 1538.5 motion to suppress ruling showed that there was no probable cause for the stop. Hopefully, you won the case. If so, you are entitled to damages for the violation of your right to be free of unreasonable search and seizure (under federal and State law). Also, if you prevail with an attorney, then you are entitled to reasonable attorney fees (for both the criminal and civil case). Your damages would also include your time in custody and any emotional distress that resulted. A timely claim under California law must be filed to protect your state rights and you must file within 2 years of the incident under federal law, 42 USC 1983.
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