I have no violent charges or convictions, this is my first offense, no drug charges. No probation violations. My charges are misdemeanors now, after being reduced from felonies. They have confused me with another person with the same name and may have done this again. My 86 yr old mother and 70 yr old sister were so distraught it took me hours to get them calmed down. Had to medicate my mother. Do we have any recourse? This was totally unnecessary.
If there are search and seizure conditions as part of your probation, the officer can do what is necessary to ensure his or her safety. I do not see where you have any recourse. You may want to contact your probation officer to request that they not handcuff you in the future due to the condition of your mother and sister.
Perhaps you should consult with a personal injury or civil rights attorney. And generally law enforcement can handcuff you for safety reasons.
Probably yes. Probation officers can take measures to insure their safety, and they will allege that their motivation to handcuff you was to make sure they were safe. Even if they confused you for another person, as long as it as a reasonable mistake, there would be no liability.
IF you have search conditons, you can and will be handcuffed during a probation search.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
Yes they do. Consult with a civil attorney w.r.t. any "recourse" but I doubt it will be worth the cost of filing the suit.
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