Do I have a legitamate case to sue and what kind of lawyer do I need?

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Do I have a legitamate case to sue and what kind of lawyer do I need?

i was pulled over for driving to slow, no past record, i was arrested b/c i could not find insurance of borrowed car only my ins, they searched car, when i got to jail i was sent back to have a body cavity search, 8hrs later i paid insurance ticket and was released. I have never had any major tickets and have never been arrested.

Asked on April 24, 2009 under Criminal Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It sounds to me that you need a lawyer that practices civil rights/criminal defense law.  It sounds a bit extreme for the police to have performed a body cavity search on you as the basis for the arrest was for not having insurance.  Is there a reason the police could have had a suspicion of something else?  Are you aware of the criminal history of the person's car you were driving?  There usually all sorts of reasons that police have to the precautions they take.  It is usually very difficult to make out a case against the police unless they truly acted recklessly.  Without knowing more facts it is difficult to provide you with more here, but I do believe you should be looking for a civil rights lawyer, especially if you are a minority, and the police department has a history of this sort of thing.  I wish you the best of luck!


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